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. Rent Attachment – Cash Management Agreements
4. Receivership
5. Troubled Debt Restructuring (TDR) Transactions
6. Loan Modifications
7. Short Sale Procedures
8. Deeds-in-Lieu of Foreclosure
9. Lender Liability Issues
10. 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 - 10:00, Andrew J. Simons and Benjamin E. Thomas
   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
   10:00 - 10:30, Andrew J. Simons and Benjamin E. Thomas
   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. Rent Attachment – Cash Management Agreements
   10:45 - 11:15, Andrew J. Simons and Benjamin E. Thomas
   1. Advantages and Disadvantages
   2. Interference of a Contract
   3. Collection
4. Receivership
   11:15 - 11:45, Andrew J. Simons and Benjamin E. Thomas
   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
5. Troubled Debt Restructuring (TDR) Transactions
   12:45 - 1:15, Karla K. Poe
6. Loan Modifications
   1:15 - 1:45, Erin Anderson
   1. Programs and Incentives Available
   2. Submitting a Loan Modification Request
   3. Handling Your Client's Case
   4. Negotiating the Best Possible Loan Modification
7. Short Sale Procedures
   1:45 - 2:15, Karla K. Poe
   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
8. Deeds-in-Lieu of Foreclosure
   2:15 - 2:45, Erin Anderson
   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
9. Lender Liability Issues
   3:00 - 3:30, Erin Anderson
   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
    3:30 - 4:30, Erin Anderson
    1. Client-Lawyer Relationship – Scope of Representation
    2. Conflicts of Interest
    3. Lender Liability Issues
    4. Mortgage Foreclosure Defense
    5. Attorneys' Fees and Expenses

ERIN ANDERSON works at United South Broadway Corporation which is an organization that represents low income home owners in foreclosure statewide. She has done public interest law since becoming an attorney including criminal law, civil rights, and now practicing in the area of consumer law. Ms. Anderson received her B.A. degree in history and political science from McGill University and her J.D. degree from Suffolk Law School in Boston. She worked previously at New Mexico Legal Aid and as a criminal defense attorney and is licensed in state and federal court and has an inactive membership in the Navajo Nation Bar.

KARLA K. POE is an attorney with Arland & Associates LLC, where she practices in the areas of commercial litigation and bankruptcy. Ms. Poe has extensive experience in both state and federal courts in cases involving general contract rights, transactions and litigation under the UCC; creditors' rights and workouts; non-dischargeability and discharge disputes in bankruptcy; defense of consumer protection statutory claims; foreclosures; replevin; landlord/tenant; and jurisdictional issues relating to parties and claims in the U.S. bankrupty, and U.S. district and state courts. She earned her B.A. degree, summa cum laude, in political science from the University of New Mexico and her J.D. degree, cum laude, from the University of New Mexico School of Law. Ms. Poe is a member of the State Bar of New Mexico and the Albuquerque and American bar associations.

ANDREW J. SIMONS is a lawyer with the firm of Sutin, Thayer & Browne, P.C., where his practice is concentrated in the areas of commercial law, real estate, creditors' rights, Indian law, bankruptcy, consumer law and insurance defense. A graduate of the University of Texas at Austin, Mr. Simons earned his J.D. degree from the University of New Mexico School of Law. He is a member of the State Bar of New Mexico, the American Bar Association, the National Health Lawyers Association, the Navajo Nation Bar Association, the Zuni Pueblo Bar and the American Inns of Court.

BENJAMIN E. THOMAS is an attorney at Sutin, Thayer & Browne, P.C., where he practices primarily in the areas of commercial litigation, employment law, civil rights and creditor rights. Mr. Thomas represents both businesses and individuals in a broad range of litigation and disputes. In his employment practice, he advises businesses with respect to employment relation and represents companies and individuals before the Human Rights Commission, the EEOC and in employment discrimination, sexual harassment, and civil trial lawsuits. Mr. Thomas also represents financial institutions and other creditors in foreclosure actions and bankruptcy. He represents businesses in dram shop-related personal injury litigation and has experience representing clients in the prison industry in a wide range of lawsuits. Mr. Thomas earned his B.A. degree from Vanderbilt University and his J.D. degree from Boston University. He is a member of the Albuquerque, American and Federal 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.

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