February 2, 2012 • Birmingham, AL

Continuing Legal Education
Live CLE | The Essentials of Foreclosure Defense

CLE - Continuing Legal Education Credit Course - Forclosure Defense SeminarForeclosures, declining property values, persistent high unemployment rates, backlogged courts, and scrutiny from state and federal regulators concerning the proprietary of lenders foreclosure paperwork suggests that there is no immediate end in sight to the foreclosure crisis.

 

Almost universally, economists predict that a massive second wave of foreclosures is on its way as lenders ramp-up their foreclosure filings. Continuing Legal Education CLE Credit Course - Special OfferIn this seminar you will learn the latest developments in all facets of the foreclosure process so that you can assist your clients in avoiding foreclosure, defending foreclosure, and/or seek alternatives to foreclosure.

 

Whether you practice in a judicial or non judicial foreclosure state, the endgame is the same: keep your client in their home by successfully defending a foreclosure and/or helping them achieve a loan modification; alternatively you can seek to achieve a graceful exit for your client via a short sale, deed in lieu, or in some instances discuss with them the bankruptcy alternative.

By attending this seminar you will have a full understanding and arsenal in which to skillfully steer your client through the foreclosure maze.

 

The following Key topics will be discussed:

  • Latest statistics on the foreclosure debacle and the emerging profile of a foreclosure candidate;
  • Why Lenders are resistant to loan modifications and why politicians just don’t get it;
  • Mortgage Securitization issues that affect a Lender’s standing to pursue foreclosure;
  • Current developments on federal programs and agreements with lenders to assist homeowners keep their home and avoid foreclosure;
  • Cutting edge litigation strategies to properly defend a foreclosure action from start to finish;
  • Overview of Federal lending laws and emerging foreclosure case law;
  • Alternatives to foreclosure;
  • An overview of the interrelationship between bankruptcy and foreclosure; and,
  • Ethical considerations and effective communication with your client.

 

Agenda

08:30 – 09:00

Registration

   

09:00 – 09:25

Mortgage Securitization Issues

 

• Understanding the Securitization Process, the Parties and Key Terms
• Additional Players and Terms in the Securitization Process
• Mortgage Electronic Registration Systems (“MERS”)
• How to Find a PSA on the SEC Website
• Information to Look for in the PSA
• Who owns the note? Who has the right to enforce a note and mortgage?

 

 

09:25 – 09:50

Understanding Basic Substantive Law

 

• Federal Lending laws and impact on foreclosure
• Emerging Case Law and Trends

   

09:50 – 10:05

Break

   

10:05 – 10:15

Client Relations

 

• Objectives, Expectations and Fee Arrangements

 

 

10:15 – 11:00

Judicial vs. Non-Judicial Foreclosures

 

• Standard Complaints
• Motion to Dismiss/Motion for More Definite Statement
• Discovery (Interrogatories, Request for Admissions, Requests to Produce, Depositions)
• Answer and Affirmative Defenses
• Motions to Strike
• Motion for Summary Judgment
• Trial

 

 

11:00 – 11:30

Loan Modification/Short Sales/Deed in Lieu/Tax Issues

 

 

11:30 – 12:30

Ethical Considerations


CLE Course Speakers:

Robert "Bob" Kirby
cle credit course speaker

Attorney Robert "Bob" Kirby

The Kirby Law Firm – Birmingham, AL

 

Education

BA Degree - 1981 - Birmingham-Southern College - Cum Laude

JD Degree - 1988 - Birmingham School of Law - Top 7

 

Experience

1977-1990 Emond & Vines Attorneys
1990-1994 Lucas, Alvis, Kirby & Wash, P.C.
1994-2012 The Kirby Law Firm

Register online or call: (800) 648-8604

Live CLE • The Essentials of Foreclosure Defense

February 2, 2012 • Birmingham, AL
CLE Credit Course in Birmingham, AL

Credits:

Total AL Cle credits: 3.25 Hours

This course has been submitted for approval to the Mandatory Continuing Legal Education Commission of Alabama-final approval pending.

 

Location:

Doubletree Hotel Birmingham

808 South 20th Street
Birmingham, AL 35205

Directions

 

Time:

Start 09:00 AM – Finish 12:30 PM

 

Tuition:

$200 First Registrant

Add Associate $100 dollars*
Add Paralegal $100 dollars*

$125 Young Lawyers - Under 4 years acceptance to the Bar.**

*Young Lawyers with under 4 years acceptance to the Bar may use the coupon code YL75 to receive the $75 discount when checking out.
**Discounts can not be combined
.

 

 

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