Successors in Interest Cases – 2023 Update

What happens when a borrower dies while their mortgage remains unpaid? 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 client protect home equity and retain possession of a home subject to a mortgage that has gone into arrears following the death of the borrower?

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.

What You Will Learn

• What legal protections exist for successors in interest of deceased borrowers 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 50th 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.

Please note that the live webinars are free to NACA members. Members will need to purchase the webinar if they want to access it after it has aired. Non-members who purchased the webinar will have access to it after it has aired.  All non-members need to be vetted before they can register for the webinar. Email [email protected] after you have created your account on the NACA website to start the vetting process. If you have been vetted for a previous webinar, you will be able to attend this webinar.