Transferring Mortgages and Notes

Webinar Date: 
May 5, 2011
| Skill level: 

Before an attorney can effectively defend against foreclosure on the basis of faulty assignment, he or she must fully understand the process of transferring mortgages and notes. This FREE webinar is designed for legal aid attorneys who are working to ensure that their clients have the opportunity to keep their homes.

What You Will Learn

  • How loan notes travel
  • Transfer by Assignment
  • The Consequences of Transfer by Assignment
  • Transfer via the UCC Negotiation
  • The analysis to be applied
  • How to determine if the note is negotiable—UCC §§ 3-104 – 3-112
  • Negotiation—UCC §§ 3-201
  • Bearer v. Order Paper—UCC § 3-109
  • Indorsements—UCC § 3-205
  • Issues related to the transfer of indorsements and negotiability


Elizabeth Renuart is an assistant professor of law at Albany Law School. Prior to joining the faculty at Albany Law School, Professor Renuart served as an attorney with the National Consumer Law Center in its Boston office where she focused on consumer credit issues, truth in lending, banking law, and sustainable homeownership issues. She co-authored two of NCLC’s treatises, Truth In Lending and The Cost of Credit: Regulation, Preemption, and Industry Abuses and two other books, Stop Predatory Lending: A Guide for Legal Advocates (2d ed. 2007) and Foreclosure Prevention Counseling: Preserving the American Dream (2d ed. 2009). She also has authored several journal articles related to these topics. She was a member of the Consumer Advisory Council to the Federal Reserve Board from 2001-2003. Prior to joining NCLC, Ms. Renuart was the managing attorney of a legal services program in Baltimore that provided representation to homeowners in danger of losing their homes.


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