We are pleased to make available the session video recordings from the ALFN's 7th Annual Leadership Conference held at the Hyatt Regency Tamaya Resort in Santa Ana Pueblo, NM, July 20-24, 2009. These videos are restricted to our members, clients and other industry representatives. We reserve the right to deny access to view this content. If you have not yet completed the online form to receive the password to view these session videos, please complete by Clicking Here.
General Session 1 Wednesday, July 22, 2009 9:00 - 10:30 a.m. Interview with Dr. Douglas Holtz-Eakin
Dr. Douglas Holtz-Eakin, Former Director of the Congressional Budget Office and William M. LeRoy, President and Chief Executive Officer of the AFN will discuss the current economic conditions, and its impact upon the Mortgage Backed Securities Market and Mortgage Loan Servicing.
Moderator: William M. LeRoy, President & CEO, American Legal & Financial Network (AFN)
Speaker: Dr. Douglas Holtz-Eakin, Former Director, Congressional Budget Office
General Session 2 Thursday, July 23, 2009 1:30 - 3:00 p.m. Judicial Forensics - The Federal & State Courts Response to the Mortgage Crisis
This distinguished panel will discuss recent federal and state actions and emergent bankruptcy court litigation in an attempt to create some consensus.
Moderator: William M. LeRoy, President & CEO, American Legal & Financial Network (AFN)
Panelists: • Hon. Margaret Dee McGarity, United States Bankruptcy Judge • Hon. Raymond T. Lyons, United States Bankruptcy Judge • Brian D. Lynch, Esq., Chapter 13 Trustee, District of Oregon, Portland Division • David Wm. Ruskin, Esq., Chapter 13 Trustee – Detroit • Debra L. Miller, Esq., Office of the Chapter 13 Trustee • George Stevenson, Esq., Office of the Chapter 13 Trustee • Matthew C. Abad, Esq., Partner, Burke Costanza & Cuppy LLP
General Session 3 Friday, July 24, 2009 8:30 - 10:00 a.m. After the Climate Change - Effective Loan Servicing and Legal Representation in the New World of Risk Based Loan Servicing
This panel will discuss future trends and the larger issues that will continue to shape and affect our industry. We will examine emerging tools and techniques employed by emerging special servicers and industry leaders.
Moderator: William M. LeRoy, President & CEO, American Legal & Financial Network (AFN)
Panelists: • Diane Pendley, Managing Director, Operational Risk Group, Structured Finance, Fitch Ratings • Jason Bourdeau, Senior Servicer Analyst, Cambridge Place Investment Management Inc. • Michael Gutierrez, Managing Director, Standard & Poor's, Structured Finance, U.S. Servicer Evaluations • Phillip E Comeau, President and CEO, Phillip E. Comeau Company, Inc., Synergistic Associates, Inc. • Professor Richard Ivar Rydstrom, Esq., Chairman of The Coalition for Mortgage Industry Solutions, Partner, O'Connell & Rydstrom, L.L.P. • Steven Horne, Esq., President and Founder, Wingspan Portfolio Advisors
Session 1 Wednesday, July 22, 2009 10:45 - 11:45 a.m. Is there a Total Default Solution?
In this session, attendees will have the opportunity to learn some ground breaking techniques being utilized by special loan servicers in the areas of foreclosure, loss mitigation and loan modification.
Serious mortgage delinquency is an epidemic in America, and foreclosure is its terminal effect. In the past, loan servicers often let the process take its course, but it is different this time – new approaches are sorely needed. Foreclosure threatens the underpinnings of our entire real estate finance industry and our national economy. Wingspan Portfolio Advisors, a Dallas-based specialty loan servicer, picks up when lenders and traditional servicing methods leave off. Trained and experienced in finding ways for non-performing loans to be converted into re-performing assets, Wingspan is now partnering with AFN to try to help borrowers stay in their homes, even when foreclosure is already in progress.
Through this joint program, participating investors, lenders, and law firms replace the last resort of foreclosure with the new concept of what the AFN and Wingspan call a "Total Default Solution.” In this session, attendees will learn more about the newly-forged relationship between AFN and Wingspan Portfolio Advisors, how it works and how it can help both borrowers and the industry weather the current storm.
Moderator: Steven Horne, Esq., President and Founder, Wingspan Portfolio Advisors
Panelists: • Anthony Golden, Consulting Manager, Clayton Consulting Services • Kelly O’Bannon, Senior Vice President of Servicing, Residential Credit Solutions, Inc. • Rebecca LeRoy, Guest Speaker. • Steven Paton, SVP Loan Administration, Marix Loan Servicing • Suzanne Singer, Manager of Business Development, Wingspan Portfolio Advisors
Session 2 Wednesday, July 22 10:45 - 11:45 a.m. Resolving Title Issues and Making Successful Title Claims
You will learn how to decipher a title search document, properly identity title issues and make effective title claims. We will discuss how to quickly resolve title issues and maximize the recovery on the title claim.
Moderator: Elizabeth Mason, Esq., Elizabeth Mason, P.C.
Panelists: • Christopher R. Perry, Esq., Managing Partner, Perry & Shapiro, LLP • Dave Gerner, Esq., Partner, Gerner & Kearns • Edward Hyne, Litigation Analyst, MetLife Home Loans • Jeffrey A. Weber, National Director of Claims, First American Title Insurance Company
Session 3 Wednesday, July 22, 2009 10:45 - 11:45 a.m. Avoiding Costly Delays at REO
As foreclosures continue to rise, the mortgage default industry is faced with an overabundance of REO inventory resulting in increased holding costs for servicers of REO assets. With increased inventories, it is essential, now more than ever, for closing agents to implement best practices to avoid excess costs charged to the seller and costly delays at the closing.
This panel will examine the major areas responsible for delays in REO Closings. We will discuss the various title issues, HOA & Condo Liens, problems that arise from incomplete or inaccurate purchase agreements and mobile home concerns. The discussion will equip its attendees with a set of best practices designed to streamline your process in the future.
Moderator: Angela S. Veda, Esq., Vice President & Managing Attorney, Potestivo & Associates, P.C.
Panelists: • Brad Reisenfeld, Esq., Partner, Reisenfeld & Associates, LPA, LLC • Frances Suarez McKinney, Esq., Partner, Rubin Lublin, LLC • Rob Hicks, Esq., Vice President of Industry Relations and Risk Management, LPS Field Services, Inc. and LPS Asset Management, Inc. • Soha Mody, Esq., Associate General Counsel, Legal Division, Litigation Department (Distressed Real Estate), Freddie Mac
Session 4 Wednesday, July 22, 2009 1:45 - 2:45 p.m. The Housing Crisis Collides with our Courts; How to move from Crisis to Creation
The housing crisis has created significant issues within our courts. To resolve these issues the Judiciary, Chapter 13 Trustee's, Mortgage Loan Servicing Community and their attorneys must create new opportunities for dialogue and learn to work more closely together. This panel will discuss solutions and best practices designed to improve this critical process. The esteemed panel consists of members of the judiciary, Bankruptcy Trustee ranks, foreclosure attorneys, and servicers. Active participation from the attendees is encouraged and expected. We are looking to forge a breakthrough in our relationship amongst each other as well as with the "Main Street" community at large. Leading the way to a sustainable and thriving future, now.
Moderator: Stuart Winneg, Esq., Managing Litigation Attorney, Udren Law Offices, P.C.
Panelists: • Hon. Raymond T. Lyons, United States Bankruptcy Judge • Brian D. Lynch, Esq., Chapter 13 Trustee, District of Oregon, Portland Division • Debra L. Miller, Esq., Office of Chapter 13 Trustee • Marie M. Flannery, Esq., Managing Attorney, Foreclosure Division, Kohner, Mann & Kailas, S.C. • Rande Johnsen, Director, Trustee Corps
Over the past two years numerous changes have affected foreclosure processes around the nation. This panel of will discuss a new and critical change which is being adopted by more and more judicial jurisdictions. We will review the various requirements and discuss everything you will need to know to be prepared for a successful Court Structured Mediation.
Session 6 Wednesday, July 22, 2009 1:45 - 2:45 p.m. Chapter 13 Bankruptcy – Where are we now & where are we heading?
This panel of bankruptcy experts will discuss the most recent issues affecting Chapter 13 Bankruptcy’s. Our experts will discuss the latest requirements from the Judiciary and the Chapter 13 Trustee’s. We will focus upon the proposals allowing debtors to modify loans in their Chapter 13 Plans. We will also discuss Junior Lien Stripping, the importance of monitoring escrow accounts, tracking escrow advances for taxes and insurance and the importance of providing notice to borrowers anytime they advance costs or impose a fee.
Panelists: • Hon. Keith M. Lundin, United States Bankruptcy Judge • David Wm. Ruskin, Esq., Chapter 13 Trustee – Detroit • Lisa A. Tracy, Esq., Deputy General Counsel, Executive Office for United States Trustees • Richard M. Nielson, Esq., Partner, Nielson & Sherry, PSC
Session 7 Wednesday, July 22, 2009 3:00 - 4:00 p.m. Bailout or Fallout? Mortgage Servicing Litigation in the First Six Months of the New Administration
This panel will discuss the first six months of President Obama’s Administration and its impact upon the mortgage industry. We will review the most recent cases and the hottest topics in mortgage loan servicing litigation.
Panelists: • Douglas J. Hannoy, Esq., Managing Partner, Feiwell & Hannoy, P.C. • John Crane, Esq., Deputy General Counsel, Citi • Michael S. Arnovitz, Esq., Managing Partner & Shareholder, Reimer, Lorber & Arnovitz, Co. L.P.A.
Session 8 Wednesday, July 22, 2009 3:00 - 4:00 p.m. Conventional and Equitable Subrogation and Subordination
We will concentrate on the law from some select jurisdictions but we will also discuss the national and regional trends developing in this area or the law. The focus of this discussion will be to assist practitioners in identifying the factual scenarios and situations where subrogation and subordination may arise.
Moderators: • James V. Noonan, Esq., Partner, Noonan & Lieberman, Ltd. • Joseph A. Camillo, Jr., Esq., Partner, Shechtman Halperin Savage, LLP
Panelists: • Brien M. Penn, Esq., Claims Counsel, National Services Group, Old Republic National Title Insurance Company • James A. Raborn, Esq., First Vice President & Director, Emigrant Bank • Robert J. Hopp, Esq., Managing Partner, The Hopp Law Firm, LLC
Session 9 Wednesday, July 22, 2009 3:00 - 4:00 p.m. Playing Devil's Advocate: How do borrowers and borrowers' attorneys see the mortgage loan servicing industry?
Never before has the need for credit counseling services ever been greater. Thousands of American families are struggling with their home mortgage, as well as large balances on all of their credit card debt. The profile of the people we are serving today has changed dramatically. The problems that American families are having are very complex and can only be solved with cooperation amongst creditors, both secured and unsecured. In addition, educating Americans on how to manage their financial life is extremely important and one of the ways that will eventually help us solve the credit crisis that we are experiencing today. You will have a first-hand opportunity to see who we are dealing with, the size of debt that we are dealing with and how we are finding solutions to help thousands of people every day.
Who else in our country is helping distressed homeowners? There is a cottage industry of borrowers’ attorneys who are organized, though misinformed, who have the attention of judges across the country in state and federal courts. Learn what lenders’ counsel in the field are seeing in the courts and learn what borrowers’ attorneys are being taught about our industry. You will be amazed!
Panelists: • Carolyn A. Taylor, Esq., Partner, HughesWattersAskanase • Debra L. Miller, Esq., Office of the Chapter 13 Trustee • Michael S. Kappas, President & CEO, Consumer Credit Counseling Service of the Midwest • Richard M. Nielson, Esq., Partner, Nielson & Sherry, PSC
Session 1 Thursday, July 23, 2009 3:15 - 4:15 p.m. Proper Parties for Motions for Relief from the Automatic Stay
This panel will examine the issues surrounding motions for relief from the automatic stay affecting real property. We will discuss what it means to be a "proper party” or a "party in interest.” We will discuss MERS and the issues surrounding securitized real estate trusts as investors. This session will review how the real estate process worked in the "traditional" world, and how it has evolved within our e-commerce business culture. We will review the various approaches being used to familiarize our courts with this process.
Moderator: Matthew Cleverley, Esq., Managing Attorney, McCarthy & Holthus, LLP
Panelists: • Cris Mullins, Esq., Counsel, MERSCORP, Inc. • Theodore K. Manley, Esq., Partner Manley Deas Kochalski LLC
Session 2 Thursday, July 23, 2009 3:15 - 4:15 p.m. Loss Mitigation: Successes and Failures of Legislative and Judicial Changes Precipitated by the Housing Crisis
This panel will discuss the myriad of federal legislative actions that have been taken to address the national housing crisis. We will examine each action and the relative successes or failures. We will also review the impact that each legislative action has had upon mortgage loan servicing, including national and local litigation trends.
Panelists: • Asha Shravah, Esq., Senior Associate, Rosicki, Rosicki & Associates, P.C. • Gary D. Marinosci, Esq., President, Liberty Title & Escrow Company • Jeffrey B. Fisher, Esq., Managing Attorney, The Fisher Law Group, PLLC • Kelly Elkins, Esq., Assistant Vice President and Senior Counsel, American Home Mortgage Servicing, Inc. (AHMSI) • Lance Olsen, Esq., Managing Attorney & Shareholder, Routh, Crabtree & Olsen, P.S.
Session 3 Thursday, July 23, 2009 3:15 - 4:15 p.m. Outsourcing vs. Direct Sourcing
This panel of mortgage loan servicing professionals, attorneys and outsource vendors will discuss the pro’s and con’s of mortgage loan servicing clients attorney relationships via "outsource” vendors, versus mortgage loan servicing clients working with their attorneys directly. We will discuss the challenges, benefits and risks that pertain to each approach.
Moderator: Joel A. Freedman, Esq., Managing Foreclosure Partner, Johnson & Freedman, LLC
Panelists: • Anthony Golden, Consulting Manager, Clayton Consulting Services • Carolyn Guthrie, First Vice President, US Bank Home Mortgage • Christian S. Hymer, First Vice President – Minnesota Site Manager, LPS Default Solutions • Judy K. Johnson, Manager, Foreclosure & Bankruptcy, iServe Servicing Inc. • Larry W. Johnson, Esq., Managing Partner, Johnson & Freedman, LLC • Steven R. Paton, SVP Loan Administration, Marix Loan Servicing
Session 4 Thursday, July 23, 2009 4:30 - 5:30 p.m. Home Retention and the FDCPA
This panel will discuss the myriad of federal legislative actions that have been taken to address the national housing crisis. We will examine each action and the relative successes of failures.
We will also review the impact that each legislative action has had upon mortgage loan servicing, including national and local litigation trends.
Moderator: Robert J. Hopp, Esq., Managing Partner, The Hopp Law Firm, LLC
Panelists: • Jeffrey B. Fisher, Esq., Managing Attorney, The Fisher Law Group, PLLC • Joseph C. Smith II, President & CEO, Default Mitigation Management LLC • Michael McKeever, Esq., Managing Partner, Goldbeck McCafferty & McKeever
This panel will review reverse mortgages. We will discuss eligibility and examine exactly how a reverse mortgage operates. The panel will review when a reverse mortgage is desirable and the various types of reverse mortgages. We will review the historical perspective and some common misconceptions. We will focus upon the challenges of servicing a reverse mortgage and discuss a reverse Mortgage in a Chapter 13 Bankruptcy. We will explain what triggers repayment, and other important considerations. The discussion will conclude with a current market summary and a discussion of the risks for non FHA HECMs.
Moderator: Berry F. Laws, III, Esq., Managing Shareholder, Martin, Leigh, Laws & Fritzlen, P.C.
Panelists: • H. Marc Helm, Chief Operating Officer, Reverse Mortgage Solutions, Inc. • Jeffrey D. Weisserman, Esq., General Counsel, Trott & Trott, P.C.
Session 6 Thursday, July 23, 2009 4:30 - 5:30 p.m. Property Registration Ordinances across the U.S.
Discuss origins of the issue and the current best practices for addressing this challenge. Mortgage servicers and code enforcement officials play key roles in preserving properties as a result of default and abandonment. In addressing maintenance of vacant properties, cities are increasingly enacting Vacant Property Registration Ordinances. Servicers are actively seeking to comply with local ordinances, however, they are challenged by the lack of uniformity and the potential legal implications with the status of ‘owner’ or mortgagee in possession. Implementing efficient communication tools to ensure that properties are secured, maintained, and safe is more critical now than ever.
Moderator: Robert Klein, Founder & Chief Executive Officer, Safeguard Properties
Panelists: • Anthony Box, SVP, Mortgage Contracting Services, LLC • Eric D. Dean, Esq., Managing Litigation Counsel, The Wolf Firm • Rob Hicks, Esq., Vice President of Industry Relations and Risk Management, LPS Field Services, Inc. and LPS Asset Management, Inc. • John A. Doonan, Esq., Partner, Doonan, Graves & Longoria, LLC