P/S Mortgage Foreclosures and Workouts
Tuesday, December 11, 2012
- Location -
Melville Marriott Long Island
1350 Old Walt Whitman Road
Melville, NY 11747
(631) 423-1600
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
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 Panel
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
PROGRAM LOCATIONS
Tuesday, December 11, 2012
Long Island
(Melville)
Melville Marriott
1350 Old Walt Whitman Road
Melville, NY 11747
(631) 423-1600
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 Eastern Long Island: Take the Long Island Expressway (495) West
to Exit 49 North (Route 110 Huntington). Stay on the Service Road and
after the second light, the hotel is on the right hand side. From
Western Long Island: Take the Long Island Expressway (495) East to Exit
49 South (Route 110 Huntington). Make a left at the first light into Old
Walt Whitman Road. Stay on Old Walt Whitman Road and the hotel will be
on the right side. From the Northern State Parkway: Take the Northern
State Parkway to Exit 40 South (Route 110 South). Continue to the
westbound Service Road of the Long Island Expressway (495) West. Make a
left onto the Service Road and the hotel will be on your right hand
side. From the Southern State Parkway: Take the Southern State Parkway
to Exit 32 North (Route 110 Huntington) to the Service Road of the Long
Island Expressway (495) West. Make a left onto the Service Road and the
hotel will be on your right hand side. From MacArthur (Islip) Airport:
Take Veterans Memorial Highway (Junction 454) Northbound to the Long
Island Expressway (495) West to Exit 49 North (Route 110 Huntington)
Continue on the Service Road and the hotel is just past the second light
on the right hand side. From LaGuardia Airport: Take the Grand Central
Parkway Eastbound to the Northern State Parkway East to Exit 40 South
(Route 110 South) Continue to the Westbound Service Road of the Long
Island Expressway (495). Make a right at the light onto the Service Road
and the hotel is on the right hand side. From JFK Airport: Take the JFK
Expressway East to the Belt Parkway East and follow the signs to the
Southern State Parkway East. Take the Southern State Parkway to Exit 32
North (Route 110 Huntington). Make a left onto the Westbound Service
Road of the Long Island Expressway (495) and the hotel will be on your
right hand side. From Newark International Airport: Take the New Jersey
Turnpike North (Route 95) to Exit 13. To the Verrazanno Bridge. From the
bridge take the Belt Parkway East to the Cross Island Parkway North to
the Long Island Expressway East to Exit 49 South (Route 110 Huntington).
Make a left at the first light, onto Old Walt Whitman Road and the hotel
will be on your right hand side. From the Verrazanno Bridge, Staten
Island, New Jersey and Brooklyn: Belt Parkway East to the Cross Island
Parkway North to the Long Island Expressway (495) to Exit 49 South
(Route 110 Huntington). Make a left at the first light onto Old Walt
Whitman Road and the hotel will be on your right hand side. From Throgs
Neck Bridge, Whitestone Bridge, Upstate NY and New England: Cross Island
Parkway South to the Long Island Expressway (495) East to Exit 49 South
(Route 110 Huntington). Make a left at the first light onto Old Walt
Whitman Road and the hotel will be on the right hand side.
The last day to pre-register online was December 10, 2012.
Members, please login to get member discounts.
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$265.00
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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.
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