About This Course:
When times are good - loans are made, and they usually perform well. However, when there is an economic decline, or borrowers run into financial straits, that's when borrowers hire lawyers who scrutinize the lender's actions from inception to the present - looking for anything to turn the tables on the lender or loan servicer.
This presentation will help the persons responsible for protecting lenders and loan servicers with addressing preventable areas of lender liability. It will also explain how to better detect communications, circumstances, arrangements and actions that are potential minefields for future lender liability litigation.
Mistakes can be cleaned up while the loan is still on track - or off the track - and this program will tell you proven ways to do just that.
What You'll Learn:Overview- Purpose of Webinar
- Primary Theories of Lender Liability
Avoiding Loan Origination Issues- Communications With the Borrower
- Protocol Agreements
- Loan Documentation Issues and Recommendations
- Alternative Dispute Resolution/Arbitration Provisions
Avoiding Loan Servicing Issues- Training Employees
- Pre-Recorded Messages
- Documenting the File
- RESPA/Chbor and Similar Laws
- Avoiding Claims Based on Incorrect or Disputed Communications
- Cybersecurity/Privacy Issues
Default: The Most Critical Time in the Life of a Loan- The Degree of Default
- Guarantors
- Review the File
- Determining Next Steps
Avoiding Modifications/Workout Issues- Single Point of Contact
- Foreclosure Prevention Alternatives
- Protocol Agreements
- Title Insurance
Appropriately Managing the Foreclosure Process- Judicial vs. Nonjudicial
- Receiverships
- Single Family 1-4 or Commercial Properties
- Dual Tracking
- Bidding
- To Complete or Not Complete the Foreclosure Sale