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. Lender Liability Issues
7. Deeds-in-Lieu of Foreclosure
8. Rent Attachment – Cash Management Agreements
9. Receivership
10. Ethical Considerations When Dealing With Distressed Property

1. The Foreclosure Process
   9:00 - 10:00, R. Michael Kennedy
   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. Pursuit of Guarantors
      1. Before Foreclosure Sale?
      2. Checking Percentage Guarantees
   6. Deficiency Judgment Issues
2. Forbearance Agreements – Structure and Important Provisions
   10:00 - 10:45, Michael C. Caborn
   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
   11:00 - 11:30, Jane Bond
4. Loan Modifications
   11:30 - 12:00, Jane Bond
   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
   1:00 - 1:30, Jane Bond
   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. Lender Liability Issues
   1:30 - 2:00, Jane Bond
   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
7. Deeds-in-Lieu of Foreclosure
   2:00 - 2:30, R. Michael Kennedy
   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
8. Rent Attachment – Cash Management Agreements
   2:30 - 2:45, Michael C. Caborn
   1. Advantages and Disadvantages
   2. Interference of a Contract
   3. Collection
9. Receivership
   3:00 - 3:30, R. Michael Kennedy
   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
10. Ethical Considerations When Dealing With Distressed Property
    3:30 - 4:30, Michael C. Caborn
    1. Client-Lawyer Relationship – Scope of Representation
    2. Conflicts of Interest
    3. Lender Liability Issues
    4. Mortgage Foreclosure Defense
    5. Attorneys' Fees and Expenses

JANE BOND is an attorney at the law firm of McCalla Raymer in Orlando and serves as the managing partner for Florida litigation.She has more than 20 years of litigation experience, 16 years specifically devoted to real estate litigation. As a professional educator, Ms. Bond enjoys frequently speaking at training seminars, conferences and continuing legal education  teaching real property issues including mortgage foreclosure, title issues, federal forfeiture, eminent domain and deficiencies. She is active in the United States Foreclosure Network, American Legal & Financial Network and Mortgage Bankers Association. Ms. Bond holds a B.A. degree from Michigan State University and a J.D. degree from Cooley Law School. She is a member of The Florida Bar and the State Bar of Michigan. 

MICHAEL C. CABORN is an attorney with the law firm of Winderweedle, Haines, Ward & Woodman, P.A., in Orlando. Mr. Caborn practices in the firm's Litigation Department, representing clients throughout Florida in the areas of appellate practice, banking, commercial litigation, bankruptcy, creditor's rights and collections, securities and receiverships. Mr. Caborn is a member of The Florida Bar (member, Young Lawyers Section, Trial Lawyers Section, Business Law Section). He is also a member of the Orange County Bar Association, where he participates as a member of the Young Lawyers Section. Mr. Caborn is admitted to practice in the U.S. District Courts for the Northern, Middle and Southern Districts of Florida. He earned his B.A. degree from the University of Florida and his J.D. degree from the University of Florida College of Law. Mr. Caborn is a member of the University of Florida Hall of Fame.

R. MICHAEL KENNEDY is an attorney with R. Michael Kennedy, P.A., in Ormond Beach, Florida, where his areas of practice include community association law, real estate and corporate law. He is a frequent speaker to management groups and other organizations on association law topics. Mr. Kennedy earned his B.A. degree, magna cum laude, from Stetson University and his J.D. degree, magna cum laude, from the University of Florida. He is a member of the Volusia County and American bar associations and The Florida Bar.

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