Conducting Negotiations and Settlement

FCRA Claims against Resellers

With mortgage loans being the “gold standard” for actual damages in FCRA cases, a consumer’s claims are greatly enhanced by mining all resellers’ liabilities for your consumer clients. Paul Mengedoth will discuss the overlay of additional liabilities involving claims against a “reseller” under the FCRA, common reseller defenses asserted in an FCRA case and practical pre- and post-litigation tips unique to reseller cases.

Trial Practice Skills - Rediscover Discovery

This webinar will focus more on the WHY and only a little on the HOW of basic discovery. After working in varied fields of litigation and in different communities, I came to realize that there is no one right way to approach discovery; however, using the exact same practice and procedure for each case may be the wrong way.The goal is to push attendees to look at their discovery practices with fresh eyes, and to encourage experimenting.

Raising Defenses in a Non-Judicial Foreclosure

Why You Should Attend

  1. How to Evaluate a case – Pre-Sale or Post-Sale Equity in the property? Economics in a foreclosure? Client’s goals?
  2. Enjoining a non-judicial sale vs. Bankruptcy Stay. Bonding problems
  3. Raising DefensesLawsuit or BK Adversary Action? Loan Modifications (Wigod and Carvello) “Dual Tracking” problems
  4. Settlement Tax Implications of Debt Forgiveness Mods, Forbearance, Short sales
  5. Vacating a completed sale BFP problems Jr. liens. Void vs. Voidable

Presenter

David A.

Ethics in Consumer Cases How Not to Look Sleazy

Consumer Attorneys frequently encounter a specific set of Ethics dilemmas that are unique to consumer cases. Unlike the typically broad, sweeping Ethics Overview CLE, this interactive online course is designed specifically with the Consumer Attorney in mind. Ethics expert and Director of Litigation at the Center for Science in the Public Interest, Stephen Gardner will cover four pressing ethics areas for consumer law practitioners.

Loan Modification Misconduct Litigation

Despite the creation of national servicing standards under HAMP, the National Mortgage Settlement, and CFPB regulations (effective January 10, 2014), servicers continue to mishandle loan modification applications. This course will present claims and litigation strategy associated with loan modification misconduct. Claim analysis includes breach of contract and other common law claims, UDAP, ECOA, Fair Credit Reporting and other statutory claims. Litigation strategy includes how to keep your client in their home during litigation, discovery strategies, and settlement strategies.

Student Loans: Is Bankruptcy the Right Choice

According to the Department of Education, more than one trillion dollars is owed by student borrowers and nearly seven million borrowers are in default. Student loan borrowers are looking for relief, yet many lawyers choose not to take student loan cases because they believe that most student loan cases are really just bankruptcy cases in disguise. Knowing when and when not to recommend bankruptcy is crucial for successfully resolving student loan debt cases.

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