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

Continuing Education Credits:   

* denotes specialty credits

1. The Foreclosure Process
   9:00 - 9:45, N. Lance Bryan
   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 - 10:15, N. Lance Bryan
   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
   10:30 - 11:00, John W. Harker
4. Loan Modifications
   11:00 - 11:30, John W. Harker
   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
   11:30 - 12:15, Blake A. Hayes
   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, Blake A. Hayes
   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
   1:45 - 2:15, Blake A. Hayes
   1. Advantages and Disadvantages
   2. Interference of a Contract
   3. Collection
8. Receivership
   2:30 - 3:00, N. Lance Bryan
   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
   3:00 - 3:30, John W. Harker
   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, John W. Harker
    1. Client-Lawyer Relationship – Scope of Representation
    2. Conflicts of Interest
    3. Lender Liability Issues
    4. Mortgage Foreclosure Defense
    5. Attorneys' Fees and Expenses

N. LANCE BRYAN is an attorney with Doerner, Saunders, Daniel & Anderson, L.L.P., where he practices civil litigation with an emphasis on electric utility litigation, employment and labor law, and environmental litigation. Mr. Bryan also has extensive experience in commercial foreclosures, receiverships and complex collection actions. He is a frequent lecturer at education seminars for lawyers and clients, and has written numerous publications on employment topics and related matters. Mr. Bryan is a member of the Tulsa County, Oklahoma and American bar associations, and the State Bar of Texas. He is a former certified volunteer mediator with the Oklahoma Alternative Dispute Resolution System. Mr. Bryan earned his B.A. degree, summa cum laude, from Oklahoma State University, and his J.D. degree, with honors, from the University of Texas School of Law, where he was a member of the Board of Advocates.

JOHN W. HARKER is a managing attorney with the Tulsa law firm Harker Law Office, PLC, where his main area of practice is commercial litigation. He earned his B.A. degree from the University of Oklahoma and his J.D. degree from the University of Tulsa. Mr. Harker is a member of the Oklahoma, Louisiana and Tulsa County bar associations, and the Conference on Consumer Finance Law.

BLAKE A. HAYES is an attorney with the Tulsa law firm of Heroux & Helton PLLC, where his main areas of practice include general civil and criminal litigation, personal injury, family law and business transactions. Mr. Hayes represents individuals and businesses in litigation related to breach of contract, real estate transactions, and landlord/tenant disputes. He also performs title examination and curative work for oil and gas companies and land owners. Mr. Hayes is actively involved with the Tulsa Lawyers for Children. He is a member of the Oklahoma and Tulsa County bar associations, the Oklahoma Bar Association Legal Intern Committee, and the Oklahoma Association for Justice. Mr. Hayes earned his B.A. and J.D. degrees from the University of Oklahoma.

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