ANSWER TO COMMON QUESTIONS: YES — UNLAWFUL DETAINER, EVICTION, FORCIBLE EVICTION, WRIT OF POSSESSION, JURISDICTIONAL ISSUES WILL BE COVERED IN DEPTH. — ISSUES RELATING TO TRUSTEE SALE AND TRUSTEE DEED, CLERK’S SALE AND CERTIFICATE OF TITLE, CREDIT BID, AND WRONGFUL FORECLOSURE ARE A CENTRAL THEME OF THE SEMINAR.Obviously we have space now for people to come since we had our snafu in allowing people to sign up. Normally it is closed out by now. So this is a good opportunity to attend not only a great seminar but an important event. We have brought together the finest minds and practitioners in law, forensic analysis, securitization, title analysis, legal procedure, best practices, strategies and tactics. Our objective is to give you pathway to winning, not just delaying the “inevitable.” It is a lively interactive seminar in which the most common comment we have had is “this is the first seminar I’ve attended where I stayed alert, attentive and awake throughout.”
We promise you won’t be bored. The treasure trove of forms, transcripts and pleadings is worth the price of the seminar alone. This is on a thumb drive and contains an incredible amount of material that can be easily searched and used, culled from the best pleadings, motions, memorandums and decisions around the country in state and Federal Courts. We are open to questions during and after presentation.
We have a section on how to interview a client and how to interview a lawyer, managing expectations, goals and milestones.
REMEMBER THAT ATTENDANCE AT A SEMINAR IS NO SUBSTITUTE FOR GOOD LAWYERING, AND EVEN WITH THE EMPHASIS ON THE RULES OF EVIDENCE, THERE IS NO GUARANTEE OF SUCCESS. THE INFORMATION PROVIDED IN THIS SEMINAR IS GENERAL INFORMATION AND SHOULD NEVER BE TAKEN AS ADVICE ON ONE CASE. NO DECISION SHOULD BE MADE WITHOUT CONSULTING THE LAWS OF THE STATE, LOCAL PROCEDURE, AND A LICENSED ATTORNEY.SEE CLICK HERE TO COME TO FORECLOSURE DEFENSE SEMINAR
GARFIELD CONTINUUM SEMINAR AGENDA – CLE CREDITS UP TO 16.5 FOR BOTH DAYS CHECK WITH LOCAL BAR
Day 1 – April 30, 2011
8:30 – 8:45 Sign-in and Coffee
8:45 – 9:00 INTRODUCTORY REMARKS BY NEIL F GARFIELD
9:00 – 9:15 Introduction – The Panel
A brief introduction of each of the panelists/presenters and an overview of the Seminar’s Agenda and objectives.
9:15 – 10:00 The Great Financial Collapse of the New Century – Jon B. Lindeman, Jr.
What history teaches us, what we failed to learn, how we repeated history, and what we can do to recover.
10:00 – 10:15 Morning Break
10:15 – 11:00 Securitization – Where it Came From, What Happened to it Along the Way, and Where are We Now – Neil Garfield
An overview of the infancy of Securitization, it’s strengths and weaknesses, where the Banking industry went wrong, and what does the future hold.
11:00 – 11:45 The Securitization Process – The Nuts and Bolts – James Macklin
The documents necessary for securitization, their significance, and the role of Congress via GSE’s (Government Sponsored Entities) Fannie Mae and Freddie Mac, and the authority of the FHA, VA and FhMA.
11:45 – 1:00 Lunch Break
1:00 – 1:45 Motion Practice – Jon B. Lindeman, Jr., licensed in FL and Beth Findsen, local AZ counsel
Do’s and Don’t's, the effective use of Motion practice to educate the Judiciary, position your case and assist with settlement. Creating and protecting the record.
1:45 – 2:30 Obligee, Obligor, Life Goes on: Credit Enhancements in Action – Daniel Edstrom
Explores the relational aspects of Securitization and the Borrower/Investor. The impact this process has on the transfer and conveyance of real property and the effect it has on home lending.
2:30 – 2:45 Afternoon Break
2:45 – 3:30 T.I.L.A., RESPA and Lending Regulation ABC’s – Lori Enriquez
An overview of the Federal Lending Statutes and Guidelines, how they are intended to work, how they are violated, and how the homeowner is injured and can benefit
3:30 – 4:15 The Heart of the Matter: Prospectus, Pooling and Servicing and Trust Agreements – James Macklin
Provides and in depth analysis of the effects upon title and State recording requirements. The significance of Trust document language and the controlling nature of such language as it pertains to Borrower/Investor rights and duties.
4:15 – 5:00 Discovery and Evidentiary Considerations – And its Power to Strike Fear – Jon B. Lindeman, Jr., licensed in FL and Beth Findsen, local AZ counsel
What to demand, why to demand it, what you really need, how to use it, and Motion Practice regarding discovery and evidentiary issues.
Day 2 – May 1, 2011
8:30 – 9:00 Sign-in and Coffee
9:00 – 10:45 Title Issues; Securitization Search Basics – Alex Goldovsky
A discussion of the importance of the current status of the homeowners’ home’s title. And how a thorough title search can be critical to a well rounded mortgage litigation strategy. Securitization based solely on Current Title. Finding the needle in the haystack – Trust Name.
10:45 – 11:00 Morning Break
11:00 – 11:45 Pleadings Practice – Offensive v. Defensive, Non-Judicial v. Judicial – Jon B. Lindeman, Jr., licensed in FL and Beth Findsen, local AZ counsel
Complaints, Counterclaims, Answers and Affirmative Defenses, for both perfecting your Client’s claims and interests, educating the Judiciary, and positioning the case.
11:45 – 1:00 Lunch Break
1:00 – 1:45 The Man Who Wasn’t There or the Invisible Trust – Daniel Edstrom
The importance placed on Trusts by the Lending Industry in the foreclosure process, the contractual rights of all the parties to the instruments and their potential for failure and the consequences of failure.
1:45 – 2:30 Ethics – Them, Judicial Recusal, Married couples/divorce, Mortgages/Notes with Co-Signers and Third Parties (relatives and realtors) and Fees – Neil Garfield
All in Forty-Five minutes.
2:30 – 2:45 Afternoon Break
2:45 – 3:30 Bankruptcy a Brief Overview – Jon B. Lindeman, Jr., licensed in FL and Beth Findsen, local AZ counsel
Bankruptcy as an offensive strategy for homeowners to keep their home, and a valuable tool in both Non-Judicial and Judicial States.
3:30 – 4:15 The Value of Forensic Analysis and Reports and Expert Testimony and Affidavits – The Panel
A discussion on the varying value of the above tools in presenting a homeowners case to the Court and positioning it for settlement.
Prices are different for lawyers wishing CLE credit and homeowners.