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Los Angeles, CA, United States, 2012/03/02 - CFLA's "Bankruptcy CLE Seminar" seminar will focus on the current mortgage crisis, bankruptcy mortgage litigation, foreclosure sale, preparing for the adversarial hearing, quiet title and the importance of res judicata post bankruptcy.
Certified Forensic Loan Auditor's "Bankruptcy CLE Seminar" will be held March 31, 2012 in Las Vegas, NV. The admission fee is $595 early bird registration or $795 door registration. Registration may be completed online, through our website at CertifiedForensicLoanAuditors.com, or by phoning our offices at 800-768-2709.
This course is approved for Continuing Education Credit by the State Bar of Nevada (Nevada Course No. 5734A1-VR1), and is given outside the State of California, it is therefore, also approved by the State Bar of California for Continuing Education Credit.
The seminar will cover an introduction to the seminar and the current state of the mortgage crisis, background on how the mortgage crisis occurred to understand the solutions, difficulties with past and current approaches to civil mortgage litigation, why bankruptcy is the legal forum of choice for mortgage litigation, practical requirements for bankruptcy mortgage litigation, surviving and defeating the motion to lift stay of foreclosure sale, finding the evidence to win in bankruptcy, preparing for the adversarial hearing in bankruptcy, the adversarial hearing in bankruptcy, and quiet title and the importance of res judicata post bankruptcy.
Our course schedule will inclued a registration and welcome period to renew old acquaintances, make new acquaintance, and examine various educational materials that will be available. The contacts that you make during this time will be valuable to you for the purpose of referrals and questions to other colleagues in the future.
Remember, in the field of Foreclosure Defense and Mortgage Litigation, the usual rules of competition and market share do not apply. In this field of law practice the prevailing rules are cooperation and collaboration because of the huge need that continues to be driven by the large number of homeowners who are in need of legal assistance to solve their particular mortgage situation.
We will begin with an introduction and current overview of mortgages 2001-2012 including a review of securitization and mortgage operations. (90 minutes credit)
Here we will examine some of the more recent cases, articles, court rulings, and legislation that have affected and continue to affect this field of law practice.
What about Nevada Assembly Bill 284? What is the current state of Mortgage Mediation in Nevada?
One cannot adequately appreciate and apply the effective solution involved in debt relief from mortgages unless one understands how the problems were created in the first place. We will examine the securitization process in detail. How it was designed to work originally, and how that design was in fact abused, and why, and by whom it was abused.
The course will exam the difficulties with civil litigation and finding the legal forum of choice for mortgage litigation including meeting the practical requirements for debt relief. (90 minutes credit)
We will look at the types of cases that have been filed in the civil courts, both State and Federal. We will talk about the results of those cases and the Judiciary and their approach to these cases. Most importantly we will address why they have taken the approach they have. To be truly successful in court litigation the successful attorney needs to understand where the judiciary is coming from in their approach and why.
We will address the Federal bankruptcy Courts and why they are considered by many to be the legal forum of choice for both foreclosure defense and mortgage litigation for those many clients who are not facing a loss of their home, but are significantly upside down in value in relation to the amount of debt on their property. The prospects are that most of that value will not return anytime in the near or even distant future. Consequently, steps have to be taken now to address this situation. In December of 2012 the exemption for 1099 income tax from mortgage forgiveness will disappear. It is important that homeowners begin to take action now before it is too late.
It is important to fully understand how bankruptcy works and what are the requirements for the client to take advantage of the protection and relief that is available in the Federal bankruptcy system.
We will discuss an overview of bankruptcy in terms of which debts can be discharged and which debts cannot be discharged. We will help you determine if bankruptcy is the right solution for your client.
We will discuss the Automatic Stay. We will speak about whether your client is eligible for bankruptcy, and the requirements for Chapter 7 and the requirements for Chapter 13. How and when does Chapter 11 fit into the picture? We will look at the effect of prior bankruptcies, debt limits, income taxes, child support and alimony payments.
We will discuss formulating your client's Payment Plan, and the necessity for a Financial Management Course.
What is the Means Test, and how does your client pass this test? We will review the bankruptcy Forms, how they are filed and the meeting with the Creditors.
We will reveal the strategies to win in the bankruptcy forum.
Next, we will address surviving motion to dismiss or lift stay, and finding the evidence to win. (90 minutes credit)
You can be assured that the Creditor of your client will make a Motion to lift the Automatic Stay in order for them to continue efforts to sell your client's property. How do you defeat the motion of your opponent?
What evidence do you need to prevail for your client against your opponent's motion to lift stay? Where do you find that evidence, and how do you best use that evidence to get the result you desire for your client?
How do the Securitization Audit and the Bloomberg Findings help you in your case? What can you do if you are unable to find the mortgage note in a mortgage backed securities trust? Are there other arguments to make?
Finally, preparing for evidentiary hearings and adversarial proceedings and subsequent quiet title along with a business model for foreclosure defense & mortgage litigation will be presented. (90 minutes credit)
What should be included in your motions for both the Evidentiary Hearing and the Adversarial Proceeding? How are these two events different from each other, and what purpose do they accomplish. What should you have as your goal to defeat the claims of the purported creditor?
We will examine how bankruptcy findings support res judicata in civil actions. Reference will be made to CFLA's book and DVD on Quiet Title.
Open discussion on business models for foreclosure defense and mortgage litigation in bankruptcy. Bring your best ideas to share.
Total Time for Credit: 360 minutes. Five hours currently approved and application for six hours credit has been submitted.