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| From Event: BOOT CAMP: Foreclosure and Loan Workout Procedures, held June 2011.
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Program Description
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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!
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Course Content
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- The Foreclosure Process
- Outright Receivership
- Assignment for the Benefit of Creditors
- Deeds in Lieu of Foreclosure
- When Bankruptcy Intervenes
- Workouts and Forbearance Agreements
- Lender Liability
- Ethical Aspects
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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- The Foreclosure Process
9:00 - 9:30, John Collen, Mark D. Conzelmann, Katherine Haennicke and D.J. Sartorio - Minutes of Foreclosure – Discovering Title Issues and Identifying Defendants
- Demand Letter – Contents, Sufficiency of Notice
- Commencing a Foreclosure Action
- Allegations of Complaint
- Named Parties
- Lis Pendens
- Summonses
- Answering a Foreclosure Complaint – Common Denials and Defenses
- Mortgagor's Cure Rights
- Receivers Pendente Lite
- Necessity to Perfect Assignment of Rents
- Appointment
- Duties
- Officer of the Court Status
- Compensation
- Sheriff's Sale
- Notice Requirements
- Credit Bidding
- Post Sale Matters
- Sheriff's Deed and Insuring Title
- Equity of Redemption
- Survey of Other States - Lien vs. Title Theories; Non-Judicial Foreclosure; Single Action Rule
- Outright Receivership
9:30 - 10:00, John Collen, Mark D. Conzelmann, Katherine Haennicke and D.J. Sartorio - How Created
- Receiver Sales
- Assignment for the Benefit of Creditors
10:00 - 10:30, John Collen, Mark D. Conzelmann, Katherine Haennicke and D.J. Sartorio - How Created
- Powers of Assignee
- Rights of Mortgage Holder
- Deeds-in-Lieu of Foreclosure
10:45 - 11:15, John Collen, Mark D. Conzelmann, Katherine Haennicke and D.J. Sartorio - What They Are
- When to Use Them
- Key Provisions of a Deed in Lieu Agreement
- When Bankruptcy Intervenes
11:15 - 12:00, John Collen, Mark D. Conzelmann, Katherine Haennicke and D.J. Sartorio - Types of Bankruptcy Cases and Parties
- Lender's Right to Adequate Protection
- The Automatic Stay
- Use of Cash Collateral
- Section 363 Sales
- Sales Under a Plan
- The Section 1111(b) Election
- Credit Bidding
- Mortgages as Fraudulent Conveyances or Preferences
- Mortgage Payments to the Bank as Preferences
- Workouts and Forbearance Agreements
1:00 - 2:15, John Collen, Mark D. Conzelmann, Katherine Haennicke and D.J. Sartorio - Whether ‘Tis Better to Work Out or Foreclose: Legal and Economic Considerations
- Pre-Workout Agreements – Desirability and Basic Provisions
- Basic Provisions
- Lender Liability
2:30 - 3:30, John Collen, Mark D. Conzelmann, Katherine Haennicke and D.J. Sartorio - Sources of Liability
- Prevention Tips
- Ethical Aspects
3:30 - 4:30, John Collen, Mark D. Conzelmann, Katherine Haennicke and D.J. Sartorio - Obligations to One's Client
- Obligations to Adversaries
- Obligations to the Court
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JOHN COLLEN is a partner with Tressler LLP. He has devoted the last 30 years exclusively to practicing in the insolvency, bankruptcy and creditor's rights field, including extensive experience with foreclosures, work-outs and bankruptcies both on behalf lenders and borrowers. Mr. Collen is a member of the American College of Bankruptcy, and an adjunct law professor in the St. John's University Law School Bankruptcy LLM program in New York. He holds a Martindale-Hubbell "AV" rating and is included in Illinois Super Lawyers. Mr. Collen is a graduate of Georgetown University Law Center. MARK D. CONZELMANN is an associate with Tressler LLP and concentrates his practice on Chapter 11 reorganizations, out of court work-outs, transactions involving troubled business entities and creditors' rights litigation. He has been part of a team that advised debtors, lenders, creditors, landlords, asset purchasers and other parties in interest in all litigation and transactional aspects of bankruptcy, business reorganizations and out-of court restructurings. Mr. Conzelmann's experience includes representations of DIP lenders and pre-petition secured lenders in large, complex Chapter 11 cases. He also has represented creditor clients in contested matters and adversary proceedings in bankruptcy cases as well as in state and federal courts. Mr. Conzelmann is a member of the American Bankruptcy Institute and the Turnaround Management Association. KATHERINE HAENNICKE is senior associate with Tressler LLP. She concentrates her practice in commercial and business litigation, with special emphasis on mortgage foreclosure and lien enforcement. In 2010, Ms. Haennicke was selected for inclusion in Illinois Super Lawyers as a "Rising Star". She is a, cum laude, graduate of the John Marshall Law School. D.J. SARTORIO is a partner with Tressler LLP, having more than 25 years of experience practicing in the areas of insurance services, appellate, directors' and officers' liability, and professional liability law. As a result, he has developed expertise in professional ethics issues, and serves as Tressler LLP's "go-to" guy on those issues. Mr. Sartorio is a member of the firm's management committee. He holds a Martindale-Hubbell "AV" rating, and is included in Illinois Super Lawyers. Mr. Sartorio earned his J.D. degree, cum laude, from the University of Illinois at Champaign-Urbana.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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