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
Rick Alembik is the Principal at the Law Offices of Richard S. Alembik, PC, in Decatur, GA. Since 1991, he has focused his practice on real estate-related and commercial litigation. Rick has been recognized as a “leading authority on foreclosure defense,” and an “advocate for victims of wrongful foreclosure.” He has first-chaired more than seventy jury trials and arbitration proceedings in state and federal courts and arbitration forums. Rick earned his J.D. degree from the University of Georgia School of Law, where he served as the Executive Editor of the Georgia Journal of International and Comparative Law. He has made numerous TV appearances as a legal commentator, and he has provided consultation on state legislation to Georgia legislators and study groups. He is admitted to practice before all trial and appellate courts of the State of Georgia, the U.S. Supreme Court, the U.S. Court of Appeals for the Eleventh Judicial Circuit, and all three U.S. District Courts in Georgia. Rick is also an active member of the National Association of Consumer Advocates, Lawyers Club of Atlanta, and the Real Estate Section of the State Bar of Georgia.
Attorney Rusty A. Payton has practiced in Chicago for the last twenty-four years. He is an honors graduate of The Ohio State University and the Ohio State College of Law. His practice areas are centered around helping people and businesses with some of the most important aspects of their financial lives. Buying a home, signing a lease, getting a security deposit back, forming a new business, filing bankruptcy, negotiating debt relief, dealing with foreclosure, or working with a mortgage lender to modify a loan or perform a short sale—these are all common aspects of the firm’s practice.
November 29, 2022
2:00 pm-3:00 pm
Private Members: $40
Legal Aid/Public Interest/Military/Law Student Members: $30