Successors in Interest Cases 2024

What happens when a borrower dies or a home is transferred through divorce, transferring the home to an owner who is not the original borrower? A ripple effect of the Great Recession of 2009 is a large population of borrowers with refinanced and extended-term mortgage loans that will remain unsatisfied until late in their lives. How can attorneys help their clients protect home equity and retain possession of a home subject to a mortgage that has gone into arrears following death or divorce?

This webinar will be taught at an intermediate level. Prior knowledge of RESPA mortgage-
servicing regulations and a familiarity with your state wrongful-foreclosure and probate laws is
highly desirable. This webinar will be followed by office hours from 3-4 pm ET.

What You Will Learn

• • What legal protections exist for successors in interest after death or divorce who want
    to prevent foreclosure, continue to pay the mortgage, or pursue mortgage-assistance
    options have traditionally been limited
  • What regulations the CFPB has enacted under RESPA that now provide more
    opportunities to try to save the old homestead and preserve painstakingly preserved
    equity
  • How to take advantage of limited bankruptcy options.

Speakers

Rick Alembik is the Principal at the Law Offices of Richard S. Alembik, PC, in Decatur, Georgia.  Since 1991, after earning his law degree from the University of Georgia School of Law, he has focused his practice on real estate-related litigation, and the representation of borrowers in mortgage-servicing and wrongful foreclosure cases. Rick has first-chaired more than seventy jury trials and arbitration proceedings in state and federal courts, and arbitration fora. He has been recognized as a “leading authority on foreclosure defense,” and an “advocate for victims of wrongful foreclosure.” In 2020, to mark its 50^th anniversary, the National Consumer Law Center recognized Alembik as one of 40 people “at the heart of NCLC’s Network of Consumer Champions.” Rick has lectured live to legal audiences across the United States, made numerous TV appearances as a legal commentator, and provided consultation on state legislation to Georgia legislators and study groups. Rick is also an active member of the National Association of Consumer Advocates, the Lawyers Club of Atlanta, and the Real Estate Section of the State Bar of Georgia.

Sarah Bolling Mancini is Co-Director of Advocacy at the National Consumer Law Center focusing on foreclosures, mortgage lending, and credit reporting issues. Sarah previously worked in the Home Defense Program of Atlanta Legal Aid, and has represented homeowners in litigation in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.

Please note that live webinars are free to all NACA members. After the webinar has aired, registrants will need to purchase the webinar if they want to view it. Non-members who purchased the webinar and higher level/firm members with full access to the Training Library will have access to the webinar after it has aired.