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

1. The Foreclosure Process
   9:00 - 10:00, Richard N. Morneau
   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, William J. Delaney
   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
   10:45 - 11:15, Peter Brent Regan
4. Loan Modifications
   11:15 - 11:45, Richard A. Toupin
   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
   11:45 - 12:30, Melissa K. D'Ellena
   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
   1:30 - 2:00, Richard N. Morneau
   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
   2:00 - 2:45, William J. Delaney
   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
   3:00 - 3:30, Peter Brent Regan
   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, William J. Delaney
   1. Client-Lawyer Relationship – Scope of Representation
   2. Conflicts of Interest
   3. Lender Liability Issues
   4. Mortgage Foreclosure Defense
   5. Attorneys' Fees and Expenses

WILLIAM J. DELANEY is a partner with Delaney & DeMerchant LLC, where he practices in the areas of commercial law, creditors' rights and bankruptcy law. He previously has served as a member of the Chapter 7 Trustee Panel of the U.S. Bankruptcy Court for the District of Rhode Island and is an arbitrator in the Rhode Island Superior Court Arbitration Program. Mr. Delaney earned his A.B. degree from the University of Notre Dame; his M.B.A. degree from Rensselaer Polytechnic Institute; his J.D. degree from Albany Law School of Union University; and his LL.M. degree from the Morin Center for Banking and Financial Law Studies, Boston University School of Law. He is a member of the Connecticut, Massachusetts, New Hampshire, Rhode Island, Pennsylvania, Vermont and New York State bar associations.

MELISSA K. D'ELLENA is a partner with D'Ellena Law Office. Her main area of practice is family law. Ms. D'Ellena focuses her practice in representing sellers, buyers and lenders on a variety of real estate transactions, as well as client representation for estate planning. Her real estate practice has significantly grown to include representation with short sale transactions. Ms. D'Ellena's clients receive valuable information regarding the implications of the short sale process, additional options that may be available to avoid foreclosure and a detailed perspective about the entire short sale process. Her expertise in real estate conveyance and short sales have earned her the accreditation to instruct licensed realtors throughout the state of Rhode Island at the Rhode Island Association of Realtors and also as an instructor a the offices of Coldwell Bankers. Ms. D'Ellena also has appeared on a variety of radio programs to discuss such matters. Her Expertise on HUD preparation also has afforded her an accreditation to instruct agents about the new RESPA guidelines. She is a member of the Rhode Island Bar Association, Massachusetts Bar Association, Business Exchange Club of Rhode Island and Kent/Washington Board of Realtors (affiliate member).

RICHARD N. MORNEAU is a partner at the Providence office of Morneau & Murphy, where he practices in the areas of banking and credit union law, and real estate, commercial and debtor-creditor law. He is a past contributor to Lawyers Weekly. Mr. Morneau is a member of the American (Committee on Credit Unions) and Rhode Island (former chair, Committee on Banks and Trusts) bar associations, and the Rhode Island Conveyancers Association (past president and director). He earned his B.S.B.A. degree from Babson College and his J.D. degree from Suffolk University.

PETER BRENT REGAN is a partner and trial lawyer with the firm of Sayer Regan & Thayer, LLP, a general practice law firm located in Newport, Rhode Island. Mr. Regan also serves as Municipal Court Judge for the town of Middletown, Rhode Island. With Sayer Regan & Thayer, LLP he concentrates his practice on civil and commercial litigation and commercial transactions, with emphasis on matters relating to real estate, commercial lending, admiralty and maritime law. Mr. Regan is a member of the bar of the Supreme Court of Rhode Island, the U.S. District Court for the District of Rhode Island and the U.S. Supreme Court, as well as the Rhode Island Bar Association (member, Superior Court Bench Bar Committee), the Newport County Bar Association, the Association of Trial Lawyers of America (member, Admiralty Law Section), and the Maritime Law Association of the United States. He earned his A.B. degree, cum laude, from Boston College in Chestnut Hill, Massachusetts and his J.D. degree from Boston College Law School in Newton, Massachusetts. As a former prosecutor, Mr. Regan has lectured before the Rhode Island State Police Training Academy and local Police Departments regarding the prosecution of DWI cases, and was a guest speaker at the 1993 Rhode Island Judiciary Conference on Drunk Driving Laws. In addition, he has lectured before the Rhode Island Bar Association on matters relating to admiralty, real estate litigation and other issues. Mr. Regan is co-author of Admiralty Law for the General Practitioner, Rhode Island Bar Association, 1996.

RICHARD A. TOUPIN has practiced in both Rhode Island and Massachusetts for more than 34 years with a concentration in real estate conveyancing. During the past 4 years he has expanded his practice to include loan modifications and short sales. Mr. Toupin earned his B.A. degree from the University of Rhode Island and his J.D. degree from Vermont Law School. He was a former probate judge for the town of Narragansett, Rhode Island.

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