This comprehensive procedural orientation to the foreclosure process and alternatives to foreclosure is a new practitioner's dream come true. Expert faculty identify all of the options available for loan defaults and guide you through their mechanics – from forbearance agreements and loan modifications to short sales and the foreclosure process itself. Get the most bang for your buck - order today!

1. The Foreclosure Process
2. Forbearance Agreements – Structure and Important Provisions
3. Troubled Debt Restructuring (TDR) Transactions
4. Loan Modifications
5. Short Sale Procedures
6. Deeds-in-Lieu of Foreclosure
7. Rent Attachment – Cash Management Agreements
8. Receivership
9. Lender Liability Issues
10. Ethical Considerations When Dealing With Distressed Property

1. The Foreclosure Process
   9:00 - 9:30, Jonathan E. Raulston
   1. Curing Title Problems Prior to Commencing the Action
   2. Foreclosure Timeline
   3. Demand Letter
   4. The Foreclosure Action – Lis Pendens, Parties Named, Summons, Complaint
   5. Foreclosure/Sheriff's Sale – Notice Requirements, Bidding Process, Closing, Etc.
   6. Pursuit of Guarantors
      1. Before Foreclosure Sale?
      2. Checking Percentage Guarantees
   7. Deficiency Judgment Issues
2. Forbearance Agreements – Structure and Important Provisions
   9:30 - 10:00, Jonathan E. Raulston
   1. Forbearance Agreement Overview and Variations
   2. Review of Existing Loan Documentation
   3. Debtor Provisions – What the Debtor Wants to Avoid
   4. Creditor Provisions – What the Creditor Wants to Include
3. Troubled Debt Restructuring (TDR) Transactions
   10:00 - 10:15, Jonathan E. Raulston
4. Loan Modifications
   10:15 - 10:45, Jonathan E. Raulston
   1. Programs and Incentives Available
   2. Submitting a Loan Modification Request
   3. Handling Your Client's Case
   4. Negotiating the Best Possible Loan Modification
5. Short Sale Procedures
   11:00 - 11:30, Jonathan E. Raulston
   1. What is a Short Sale and When can it be Done?
   2. Benefits of Short Sales
   3. Parties Involved
   4. Navigating the Process
   5. Short Sale Request
   6. Short Sale Package – Review of Documents Included
   7. Implications of a Short Sale
6. Deeds-in-Lieu of Foreclosure
   11:30 - 11:45, Jonathan E. Raulston
   1. What is a Deed-in-Lieu and When Should You use It?
   2. Liabilities Associated With Deeds-in-Lieu
   3. Junior Liens and Non-Merger Provisions
7. Rent Attachment – Cash Management Agreements
   11:45 - 12:15, Jonathan E. Raulston
   1. Advantages and Disadvantages
   2. Interference of a Contract
   3. Collection
8. Receivership
   1:15 - 1:45, Jonathan E. Raulston
   1. Types of Receivers (and Reasons to Appoint Them)
   2. Rights Involved in Appointing a Receiver
   3. Procedures for Appointing a Receiver
   4. Interplay of Bankruptcy
   5. Title Insurance Considerations
   6. Receiver Sale – What You Need to Know
9. Lender Liability Issues
   1:45 - 2:15, M. Lee Johnsey Jr.
   1. Circumstances With the Most Risk of Lender Liability
   2. Breach of Oral Agreement
   3. Breach of Contract
   4. Breach of Obligation of Good Faith and Fair Dealing
   5. Fraud
   6. Negligent Misrepresentation
   7. Best Practices for Avoiding Lender Liability
10. Ethical Considerations When Dealing With Distressed Property
    2:30 - 3:30, M. Lee Johnsey Jr.
    1. Client-Lawyer Relationship – Scope of Representation
    2. Conflicts of Interest
    3. Lender Liability Issues
    4. Mortgage Foreclosure Defense
    5. Attorneys' Fees and Expenses

LINDAN J. HILL is an attorney with Johnston Barton Proctor & Rose LLP and a member of the litigation practice group.  His practice is focused on bankruptcy and insolvency law, commercial and real estate loan workouts, creditor's and debtor's rights, commercial litigation, construction law, and bond defaults and workouts. Mr. Hill is admitted to practice before the U. S. District Courts for the Northern, Middle and Southern Districts of Alabama. He is a member of the American Bar Association, the American Bankruptcy Institute, the Turnaround Management Association, the Alabama State Bar and the Birmingham Bar Association. Mr. Hill earned his J.D. degree from Wake Forest University School of Law and his B.S. degree, with distinction, from Southern Methodist University.

M. LEE JOHNSEY JR. is an attorney at Balch & Bingham LLP, and a member of the firm's creditors' rights and bankruptcy practice group and the lending practice group. In his practice, Mr. Johnsey regularly represents lenders and other creditors in bankruptcy cases, adversary proceedings and litigation arising in both state and federal courts. He is a member of the Alabama State Bar, The Florida Bar, and the Birmingham and American bar associations. Mr. Johnsey earned his J.D. degree, with honors, from the University of Florida School of Law and his B.S.BA degree from Auburn University.

JONATHAN E. RAULSTON is an attorney with the law firm of Engel, Hairston & Johanson, P.C. in Birmingham, Alabama. His practice is concentrated in the areas of creditors' rights, bankruptcy, foreclosure, collections and commercial litigation. Mr. Raulston is a member of the Alabama State Bar, Birmingham Bar Association, American Bar Association, and the Commercial Law League of America. He earned his J.D. and B.S. degrees from the University of Alabama.

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