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. Receivership
8. Lender Liability Issues
9. Ethical Considerations When Dealing With Distressed Property

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. The Foreclosure Process
   9:00 - 9:45, Caroline L. Hermeling
   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
   9:45 - 10:20, Caroline L. Hermeling
   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
   10:35 - 11:00, John T. Banjak
4. Loan Modifications
   11:00 - 11:40, John T. Banjak
   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
   11:40 - 12:15, John T. Banjak
   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
   1:15 - 1:45, Charles S. Pullium III
   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. Receivership
   1:45 - 2:35, Charles S. Pullium III
   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
8. Lender Liability Issues
   2:50 - 3:30, Charles S. Pullium III
   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
9. Ethical Considerations When Dealing With Distressed Property
   3:30 - 4:30, Caroline L. Hermeling
   1. Client-Lawyer Relationship – Scope of Representation
   2. Conflicts of Interest
   3. Lender Liability Issues
   4. Mortgage Foreclosure Defense
   5. Attorneys' Fees and Expenses

JOHN T. BANJAK is president and general counsel of Insight Title Company, L.L.C. He has previously worked as president and general counsel for two title agencies, and as regional underwriting counsel for a national title insurance underwriter. Mr. Banjak also served as senior vice president and general counsel for Pulaski Bank before joining Insight Title Company, L.L.C. Prior to entering the title insurance field, he worked as a private attorney and as an Assistant Attorney General for the state of Missouri from 1993 to 1996. Mr. Banjak is licensed to practice law in the state of Missouri and is a member of the Bar Association of Metropolitan St. Louis. He lectures frequently on real estate and title-related matters, including on behalf of National Business Institute, the Missouri Land Title Association and The Missouri Bar, and has previously taught real estate law as an associate instructor for the St. Louis Community College District. Mr. Banjak earned his B.S. degree from Indiana University and his J.D. degree from Washington University in St. Louis.

CAROLINE L. HERMELING is a partner with Husch Blackwell LLP  in the business litigation department. Given the current economic climate, her litigation and arbitration practice has had a strong emphasis on commercial lending and foreclosure related issues. Ms. Hermeling has a multi-state commercial lending practice. She has handled dozens of note, guaranty and security agreement enforcement actions, which actions have included lender liability issues and pre-judgment replevins and attachments. Ms. Hermeling's foreclosure practice includes judicial and non-judicial foreclosure sales, as well as wrongful foreclosure claims. She also regularly consults clients on loan work out, insolvency, and real estate title related issues. Ms. Hermeling earned her B.S. degree from the University of Notre Dame and her J.D. degree, cum laude, from Saint Louis University School of Law. She is a member of the Missouri and Illinois State bar associations.

CHARLES S. PULLIUM III is a partner at Millsap & Singer, LLC, where he practices in the areas of commercial litigation, foreclosures, landlord and tenant law, real estate, and mortgages. He earned his B.S. degree from Central Missouri State University and his J.D. degree from the University of Missouri School of Law at Columbia. Mr. Pullium is licensed to practice in Missouri, Illinois and Kansas. He is a member of the Bar Association of Metropolitan St. Louis, the KCMBA, The Missouri Bar, and the Illinois State and the American bar associations.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Phone: 866-240-1890

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