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. Short Sale Procedures
4. Deeds-in-Lieu of Foreclosure
5. Troubled Debt Restructuring (TDR) Transactions
6. Loan Modifications
7. Rent Attachment – Cash Management Agreements
8. Receivership
9. Lender Liability Issues
10. Ethical Considerations When Dealing With Distressed Property

1. The Foreclosure Process
   9:00 - 9:45, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
   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, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
   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. Short Sale Procedures
   10:15 - 10:45, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
   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
4. Deeds-in-Lieu of Foreclosure
   11:00 - 11:30, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
   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
5. Troubled Debt Restructuring (TDR) Transactions
   11:30 - 1200, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
6. Loan Modifications
   1:00 - 1:30, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
   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. Rent Attachment – Cash Management Agreements
   1:30 - 2:00, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
   1. Advantages and Disadvantages
   2. Interference of a Contract
   3. Collection
8. Receivership
   2:00 - 2:30, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
   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
   2:45 - 3:30, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
   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, Erika R. Barnes, Madison L. Martin and Allison A. Wiemer
    1. Client-Lawyer Relationship – Scope of Representation
    2. Conflicts of Interest
    3. Lender Liability Issues
    4. Mortgage Foreclosure Defense
    5. Attorneys' Fees and Expenses

ERIKA R. BARNES is an attorney with Stites & Harbison, PLLC and is a member of the firm's creditors' rights and bankruptcy service group and the business litigation service group. She handles a variety of difficult matters for her clients, including complex commercial litigation, lender liability litigation and foreclosures and workouts.  Ms. Barnes represents creditors, creditors' committees and trustees in all chapters of bankruptcy. She regularly appears in courts across the country on behalf of her clients. Ms. Barnes is a member of the American, Kentucky, Nashville and Tennessee bar associations, the American Bankruptcy Institute, and Turnaround Management Association. She is admitted to practice before the U.S. Court of Appeals for the 6th Circuit; the U.S. District Court for the Middle, Eastern and Western districts of Tennessee; the U.S. District Court for the Western and Eastern districts of Kentucky; the U.S. District Court for the Southern District of Indiana; and the U.S. District Court for the Western District of Michigan. Ms. Barnes earned her B.A. degree, magna cum laude, from Tennessee Technological University, her B.S. degree, magna cum laude, from Tennessee Technological University, her M.B.A. degree from Tennessee Technological University and her J.D. degree from Vanderbilt University Law School.

MADISON L. MARTIN is counsel to Stites & Harbison, PLLC law firm. She is a member of the creditors' rights and bankruptcy service group. Ms. Martin is a member of the American, Tennessee and Nashville bar associations, and the American Bankruptcy Institute. She is admitted to practice before the U.S. District Court for the Northern District of Illinois; the U.S. District Court for the District of Delaware; the U.S. District Court for the Middle, Eastern and Western districts of Tennessee; the U.S. Court of Appeals for the 3rd, 6th and 11th circuits; and the U.S. Supreme Court. Ms. Martin earned her B.A. degree, cum laude, from Vanderbilt University and her J.D. degree, magna cum laude, from the University of Michigan Law School.

ALLISON A. WIEMER is an attorney in the Nashville office of Stites & Harbison, PLLC and is a member of the firm's creditors' rights and bankruptcy service group. Her practice focuses on bankruptcy and creditors' rights matters. Ms. Wiemer also has experience in commercial lending, finance and real estate law. She represents creditors in work-outs and bankruptcies and represents lenders in various commercial real estate and asset-based financings. Ms Wiemer is a regular presenter for various groups in her areas of expertise. She earned her B.S. degree, summa cum laude, from St. John's University and her J.D. degree, cum laude, from the University of Tennessee College of Law. Ms Wiemer admitted to practice before the U.S. District Court for the Eastern District of Tennessee, the U.S. District Court for the Middle District of Tennessee and the U.S. District Court for the Western District of Tennessee. She is a member of the American Bar Association, the Tennessee Bar Association, the Nashville Bar Association, Lawyers' Association for Women and the National Association of Women Lawyer.

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