Home Events

P/S Mortgage Foreclosures and Workouts

- Location -
Westchester Marriott
670 White Plains Road
Tarrytown, NY 10591
(914) 631-2200

Attention: This is a new program date (rescheduled from October 30). 

Can’t Attend in Person?

This program offers a simultaneous live webcast option allowing you to “attend” the program from the convenience of your office.
NOTE: Newly admitted attorneys (less than twenty-four months) must attend the program in person to receive New York MCLE credit.

7.5 TOTAL CREDITS
2.0 professional practice; 4.5 skills; 1.0 ethics

NEW! Electronic Online Course Materials Debut this Fall!

Click here for more details! 

By attending this program, you will:

• Get a “nuts and bolts” approach to the judicial mortgage foreclosure process in New York State
• Review each step of a foreclosure action
• Learn the New York State requirements for all foreclosures upon homes
• Learn how to defend a foreclosure action
• Learn various ways that mortgage loans in default can be “worked out”

Co-sponsored by the Real Property Law Section and the Committee on Continuing Legal Education of the New York State Bar Association

PROGRAM DESCRIPTION

This program will present a practical “nuts and bolts” approach to New York’s judicial mortgage foreclosure process. Each step of a foreclosure action, including pre-commencement review of the mortgage documents, the notice of pendency, the pleadings, motions for summary judgment, for appointment of a referee to compute, and for judgment of foreclosure and sale, and the foreclosure sale itself, as well as post-sale proceedings, will all be discussed. Particular attention will be focused upon the New York State requirements with respect to all foreclosures upon homes, enacted in December 2009, including the pre-foreclosure 90-day notice, mandatory settlement court conferences, and required notices to tenants. Additional topics to be covered include defenses to foreclosure actions, court-appointed Receivers and Referees, and the various ways by which mortgage loans in default can be “worked out,” including various government and lender programs designed to help homeowners, forbearance agreements, deeds in lieu of foreclosure and consensual foreclosures and the effects of a bankruptcy filing. Various ethical issues that arise for foreclosure practitioners will also be addressed.

WHO SHOULD ATTEND

• All attorneys seeking a fundamental but practical overview of handling a foreclosure.
• Attorneys practicing in the area of Real Property Law.

AGENDA

8:30-9:00  REGISTRATION

9:00-9:50
1. PRE-FORECLOSURE: Initial Steps
A. Preliminary Review of Loan Documents
B. Commercial Loans: Notice of Default and Acceleration of Indebtedness
C. Title Search/Identification of Necessary Defendants/Special Considerations for Foreclosures on Co-op Buildings
D. Election of Remedies Analysis under RPAPL 1301

9:50-10:40
2. SPECIAL RULES FOR FORECLOSURES ON HOMES
A. 90-Day Pre-Foreclosure Notice and Related Requirements
B. Required Allegations re Foregoing in Foreclosure Complaint
C. Notices to Tenants
D. Mandatory Settlement Conference for Foreclosures on Homes

10:40-10:50  BREAK

10:50-11:40
3. MORTGAGE FORECLOSURE-The Steps for the Lender
A. The Summons, Complaint and Notice of Pendency
B. Summary Judgment Motion
C. Motion for Appointment of a Referee to Compute Amount Due Lender and to Determine Whether Property is to be Sold in Single Parcel
D. Motion to Confirm Referee’s Report

11:40-12:30
4. THE FORECLOSURE SALE AND POST-SALE ISSUES
A. Preparing the Judgment of Foreclosure and Sale
B. The Notice of Sale: Publication and Posting
C. The Sale
D. The Referee’s Deed and Transfer Tax Issues
E. Referee’s Report of Sale and Confirmation of Sale
F. Deficiency Judgment Proceedings
G. Surplus Money Proceedings

12:30-1:30 LUNCH (on your own)

1:30-1:55
5. MORTGAGE FORECLOSURE – From the Defendant’s Perspective
A. Notice of Appearance and Waiver in Foreclosure
B. Answer with Affirmative Defenses
1. Standing and Capacity Issues
2. Federal Fair Debt Collection Practices Act
3. NYS Banking Law Defenses
4. Licensing
5. Equitable Defenses
6. Statutory Defenses
C. Discovery

1:55-2:20
6. JUDICIAL FORECLOSURE – The Court Appointed Officials
A. The Receiver of Rents
B. Receivers, Referees, Managing Agents and Other Secondary Appointments under NYCRR Rule 36

2:20-2:45
7. BANKRUPTCY AND JUDICIAL FORECLOSURE
A. The Automatic Stay
B. SDNY Resolution Program
C. Effect on Trustee’s Abandonment on Mortgage Liens

2:45-2:55  BREAK

2:55-3:45
8. MORTGAGE LOAN WORKOUTS AND RELATED ISSUES
A. Workouts/Modifications of Homeowner Loans (Hope for Homeowners & Other Programs)
B. Non-Waive Agreements
C. Forbearance Agreements
D. Consensual Foreclosure
E. Deeds in Lieu of Foreclosure

3:45-4:35
9. ETHICAL ISSUES
A. Recent Ethics Opinions
B. Attorney Affirmation Requirement re Home Loans
C. Home Equity Theft Prevention Act and Distressed Property Consulting Contract

4:35 p.m.  ADJOURNMENT

IMPORTANT NOTICE: PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED. Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot receive MCLE credit for a program segment unless they are present for the entire segment. Persons who arrive late, depart early, or are absent for any portion of the segment will not receive credit for that segment.

PROGRAM FACULTY

Overall Planning Co-Chairs

•  Robert A. Wolf, Esq., Squire Sanders (US) LLP, New York, NY
•  Suzanne M. Berger, Esq., Bryan Cave LLP, New York, NY

Local Panels (listed in order of appearance)

Thursday, November 1, 2012 (CANCELLED DUE TO HURRICANE SANDY - WORKING ON RESCHEDULING)

Long Island (Melville)
Chair: Adam L. Browser, Esq., Ruskin Moscou Faltischek, PC, Uniondale, NY
Panel: Bruce J. Bergman, Esq., Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY * Adam Gross, Esq., Gross Polowy Orlans, Amherst, NY * Lisa M. Confusione, Esq., Stagg Terenzi Confusione & Wabnik, LLP, Garden City, NY * Adam L. Browser, Esq., Ruskin Moscou Faltischek, PC, Uniondale, NY * Michele Lippa Gartner, Esq., Special Counsel for Surrogate & Fiduciary Matters, Office of Court Administration, New York, NY * Michael S. Amato, Esq., Ruskin Moscou Faltischek, PC, Uniondale, NY * Robert G. Wilk, Esq., Windels Marx Lane & Mittendorf, LLP, New York, NY * John M. Brickman, Esq., Ackerman, Levine, Cullen, Brickman & Limmer, LLP, Great Neck, NY

Monday, November 19, 2012

Albany
Chair: William P. Hessney, Esq., Bartle, McGrane, Duffy & Jones, LLP, Troy, NY
Panel: Steven D. Farer, Esq., Farer & Schwartz, PC, Latham, NY * Denise M. Resta-Tobin, Esq., Schiller & Knapp, LLP, Latham, NY * Paula M. Barbaruolo, Esq., Barbaruolo Law Firm, P.C., Latham, NY * Richard G. Croak, Esq., Richard Croak & Associates, Albany, NY * Gary A. Lefkowitz, Esq., Schiller & Knapp, LLP, Latham, NY

Tuesday, November 20, 2012

New York CityRegister below for the live program or webcast! 
Chair: Robert A. Wolf, Esq., Squire Sanders (US) LLP, New York, NY
Panel: Robert A. Wolf, Esq., Squire Sanders (US) LLP, New York, NY * Thomas J. Hall, Esq., The Law Firm of Hall & Hall, LLP, Staten Island, NY * Margaret A. Becker, Esq., Director, Homeowner Defense Project, Staten Island Legal Services, Staten Island, NY * Tracy A. Catapano-Fox, Esq., Chief Clerk of the Supreme Court of the State of New York, Queens County Supreme Court, Jamaica, NY * Michele Lippa Gartner, Esq., Special Counsel for Surrogate & Fiduciary Matters, Office of Court Administration, New York, NY

Tuesday, November 27, 2012

Westchester (Tarrytown)
Chair: Suzanne M. Berger, Esq., Bryan Cave LLP, New York, NY
Panel: Ndukwe Agwu, Legal Services of the Hudson Valley, Newburgh, NY * Suzanne M. Berger, Esq., Bryan Cave LLP, New York, NY * Hon. Mark C. Dillon, Associate Justice, Appellate Division of the Supreme Court, Second Judicial Department, Brooklyn, NY * Hon. Arlene Gordon-Oliver, Arlene Gordon-Oliver PC, White Plains, NY * Jay Teitelbaum, Esq., Teitelbaum & Baskin, LLP, White Plains, NY

PROGRAM LOCATIONS

(Th) November 1, 2012 (CANCELLED DUE TO HURRICANE SANDY - TRYING TO RESCHEDULE)

Long Island (Melville)
Melville Marriott
1350 Old Walt Whitman Road
Melville, NY  11747
(631) 423-1600

(M) November 19, 2012

Albany
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400

(T) November 20, 2012

New York CityRegister below for the live program or webcast! 
New York Hotel Pennsylvania
401 Seventh Avenue at 32nd/ 33rd Street
New York, NY  10001
(212) 736-5000

(T) November 27, 2012

Westchester (Tarrytown)
Westchester Marriott
670 White Plains Road
Tarrytown, NY 10591
(914) 631-2200

MCLE CREDITS

7.5 TOTAL CREDITS
2.0 professional practice; 4.5 skills; 1.0 ethics

This course has been approved for MCLE credit in New York for all attorneys, including newly admitted (less than 24 months).

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.5 hours of total CLE credit. Of these, 1.0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law. This course does not qualify under any of the nine specified new admit areas, in five of which New Jersey attorneys admitted in 2009 or thereafter, in their first full two-year compliance period, must take 15 of their 24 required credit hours (see BCLE Reg. 201:2).

This program has also been approved for MCLE credit by the State Bar of California and the Pennsylvania Continuing Legal Education Board for 5.0 credit hours of substantive law and 1.0 credit hour of ethics. All inquiries regarding MCLE credits may be directed to (518) 487-5606.

This course includes NO credit hours for the Continuing Professional Education (CPE) requirements of New York and New Jersey CPAs. Sponsor numbers: New York: 000026; New Jersey: 20CE00099900.

The New York State Bar Association’s Committee on Continuing Legal Education has been certified by the New York State Continuing Legal Education Board as an accredited provider of continuing legal education in the State of New York.

ELECTRONIC COURSE MATERIALS

New this fall!

All program materials will be distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice.  A CLE NotePad © (paper) will be provided to all attendees at the live program site.  The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

Go back 

Directions

From Tappan Zee Bridge Exit 9. After toll booth turn right onto Route 9 North, next traffic light turn right onto Route 119--hotel is 1 mile east 

The last day to pre-register online was November 26, 2012.

Members, please login to get member discounts.

Seminar
WC-Registration	$165.00

Seminar
WC-Registration	$265.00

Seminar
WC-Registration	$60.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.