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. Bankruptcy Considerations in the Foreclosure and Workout Process
4. Loan Modifications
5. Short Sale Procedures
6. Deeds-in-Lieu of Foreclosure
7. Receivership
8. Ethical Considerations When Dealing With Distressed Property

1. The Foreclosure Process
   9:00 - 10:00, Adelaide Maudsley
   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, Adelaide Maudsley
   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. Bankruptcy Considerations in the Foreclosure and Workout Process
   10:45 - 11:30, Adelaide Maudsley
4. Loan Modifications
   11:30 - 12:15, David W. Moore
   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
   1:15 - 2:00, David W. Moore
   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
   2:15 - 2:45, Sara E. Bouley
   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
   2:45 - 3:30, Sara E. Bouley
   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. Ethical Considerations When Dealing With Distressed Property
   3:30 - 4:30, Clay W. Stucki
   1. Client-Lawyer Relationship – Scope of Representation
   1. Conflicts of Interest
   2. Lender Liability Issues
   3. Mortgage Foreclosure Defense
   4. Attorneys' Fees and Expenses

SARA E. BOULEY is a shareholder with Fabian & Clendenin, P.C., where she is an experienced commercial litigator who concentrates her practice on complex business and corporate law, real estate law, foreclosures, easements, boundary disputes, title and escrow issues, construction disputes, lender liability, mortgage fraud, quiet title actions, commercial landlord/tenant disputes, and mechanic's liens. She also is a licensed private pilot who enjoys practicing aviation law, including representing pilots in FAA enforcement actions. Ms. Bouley is a Real Property Utah State Bar Examiner, treasurer of the Real Estate Section of the Utah State Bar, a CREW Utah member, and a former chair of the Real Estate Practice Group at Fabian & Clendenin, P.C. She is a member of the American Bar Association, Utah State Bar and Lawyer Pilots Bar Association. Ms. Bouley is admitted to practice before the U.S. District Court, District of Utah and Tenth Circuit Court of Appeals. She earned her B.A. degree from the University of Texas, her M.A. degree from the University of Nevada and her J.D. degree from the University of Utah College of Law.

ADELAIDE MAUDSLEY is a partner with Chapman and Cutler LLP. Her areas of practice are representation of regional and national financial institutions, and creditors in workout, restructuring, collection and bankruptcy related matters. Ms. Maudsley is an adjunct professor for business bankruptcy courses at the S.J. Quinney College of Law at the University of Utah. She was a law clerk for the Honorable Nancy C. Dreher, bankruptcy judge for the U.S. Bankruptcy Court for the District of Minnesota, and a member of the Bankruptcy Appellate Panel for the Eighth Circuit. Ms. Maudsley is a member of the Utah Bankruptcy Lawyers Forum (Board of Trustees), Turnaround Management Association (Rocky Mountain chapter, Programming Committee), the Women Lawyers of Utah, the International Women's Insolvency and Restructuring Confederation, and the American Bankruptcy Institute. She was named one of Utah's Legal Elite in the area of business bankruptcy in Utah Business magazine, and also was named a Rocky Mountain Super Lawyer. Ms. Maudsley earned her B.A. degree, summa cum laude, from Franklin & Marshall College and her J.D. degree, summa cum laude, from the University of Utah, S.J. Quinney College of Law, where she was managing editor for the Utah Law Review and a member of Order of the Coif.

DAVID W. MOORE has been in the title and escrow industry for more than 38 years. He has owned and operated title and escrow companies, and has done extensive title and escrow work throughout the state of Utah and in most of the western states. Mr. Moore owns and operates a real estate, title and escrow consulting firm, which includes the Title and Escrow School. His consulting work focuses on specialized real estate research, education and problem-solving efforts. Mr. Moore has been qualified as an expert witness in both state and federal courts. He has been teaching real estate, title and escrow since 1982. Mr. Moore is a qualified instructor for both prelicensing education for insurance and continuing education for insurance and real estate. He is currently a member of the American Land Title Association Education Committee, the American Land Title Association Technology Committee, state co-trustee of the ALTA Political Action Committee, and was a founding member of the ALTA Small Agents Forum. Mr. Moore has spoken at many national title association meetings and also has served on various ad hoc committees for the many government agencies.

CLAY W. STUCKI is a principal with the law firm of Stucki Steele Rencher, where his areas of practice are commercial litigation, insurance claims, real estate, leasing, natural resources, environmental, construction and general business law matters. He assists a wide range of individuals and businesses with transactions and litigation related to these practice areas. Mr. Stucki is the co-draftsman of the Utah Environmental Self-Evaluation Act and co-author of Environmental Audits and Beyond:  Developing an Effective Environmental Managment System, 42 Rocky Mountain Mineral Law Institute, 7-1 (1996) [co-author: Steven J. Christiansen]. He is admitted to practice in the state and federal courts of Utah, Colorado, and Nevada, including the Ninth and Tenth Circuit Court of Appeals. Mr. Stucki earned his J.D. degree, summa cum laude, from Brigham Young University, J. Reuben Clark Law School.

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