with Divina Westerfield, Esq., Oliver Hull, Esq., and Andrew Lehman, J.D.
NY State Bar MCLE (7 hrs credit)
June 30, 2012 | New York, NY
(plus $9.95 Shipping & Handling)
Being offered because of popular demand to those unable to travel/attend our June 30, 2012 event in New York, NY.
Topics Presented Include...
History of Mortgage Securitization; Public Record Issues; Mortgagee is Usually Named as MERs; Assignment of Mortgage Not Until Default; Note Usually Names Original Lender as Payor; Separation of Promissory Note from Mortgage; UCC-3: & negotiable instruments (4 corner doctrine); UCC-9: & security instruments (requirement of written assignments; How Mortgages Are Securitized; Mortgage Securitizations: Private, Freddie Mac and FNMA; Understanding Tranches; REMIC Status; Credit Enhancements; Pooling and Servicing Agreement and the Investment Trusts; and much much more...
DIVINA WESTERFIELD, Esq. (IN & FL)
Nationally recognized Expert in Mortgage Securitization & Quiet Title, Licensed Attorney in Indiana, and Licensed Mortgage Broker in Florida
OLIVER HULL, Esq. (NY)
Foreclosure Defense Litigator with more than 20 years of Law Practice. Licensed in the State of New York, with Offices in NY, NY.
ANDREW LEHMAN, J.D. (CA)
Managing Member of CFLA.
All professionals in the mortgage, real estate, legal, and finance professions involved in loan modifications, lender litigation, bankruptcy, short sales, mortgage auditing, or real estate law. (Homeowners Welcome, too!)
- Mortgage Securitization (9:00 a.m. – 10:30 a.m.)
- History of Mortgage Securitization
- Public Record Issues and National Mortgage Settlement
- What the public records show
- What can be filed under the NMS – questions whether cases are being addressed
- Mortgagee is Usually Named as MERs
- Assignment of Mortgages or Lack Thereof
- Note Usually Names Original Lender as Payor – Questions of Proper Indorsement
- Separation of Promissory Note from Mortgage – question of Supreme Court case vs. today’s decisions distinguishing such case
- How Mortgages Are Securitized
- Mortgage Securitizations: Private, Freddie Mac and FNMA
- Understanding Tranches
- REMIC Status
- Pooling and Servicing Agreement and the Investment Trusts
- Most Significant Issue: Closing Date of Trust
- Next Significant Issue: REMIC requirements
- Whistleblower Status
- Percentage of Trusts that Are Likely Ineffective
- UCC Issues
- UCC-3: negotiable instruments (4 corner doctrine)
- UCC-9: security instruments (requirement of written assignments)
Break 10:30 a.m. – 10:45 a.m.
- Securitization Audits (10:45 a.m. – 12:15 p.m.)
- Participants in Securitization are Identified
- Pooling and Servicing Agreement Requirements Of Note and Mortgage Transfers
- Significance of Transfer to MERS vs. Lender, then Depositor, then Sponsor/Seller, then Custodian and Trustee
- Review of Securitization Audit Screens and Meanings
- How To Use Audits in Litigation
Lunch 12:15 p.m. – 1:30 p.m.
- Success in New York: One of the Best Jurisdiction for Case Law (1:30 p.m. – 3:15 p.m.) taught by Oliver Hull, New York Licensed Attorney
- Cases Regarding Standing:
- HSBC Bank USA v. Hernandez
- Citigroup Global Markets Realty Corp. v Smith
- U.S. Bank National Association v. Bressler
- HSBC Bank USA v. Hagerman
- In re Mark Richard Lippold
- Bank of NY v. Silverberg
- Bank of N v. Alderazi
- Using Section 329
- Quiet Title (3:30 p.m. – 4:45 p.m.)
- What is Quiet Title: Declaratory Judgment (Put Up or Shut Up)
- Steps to Quiet Title Litigation:
- Title Search – Public Record Search
- Complaint for Quiet Title
- How to Use Securitization Audits in Litigation
- How to Use Forensic Loan Audits in Litigation
- Discovery Issues
- Settlement of Case or Judgment of Quiet title
- Principal Reduction
- Interest Reduction
- Credit Report – Paid as Agreed
- No 1099 in Settlement
- Judgment of Quiet Title:
- Free and Clear Property
- Unsecured Note
- Asset Protection
Summarize, Acknowledgements and Conclusions (4:45 p.m. – 5:00 p.m.)
Testimonials from Previous Bar Approved MCLE Seminars
"If you are interested in knowing what is happening to your mortgage or in helping others, this is a course that will insure you know what you are talking about before and after viewing documents."
"I loved the knowledge I acquired and recommend the course to everyone. The more "we the people" get knowledge the better our odds of beating the banks at their game!"
Outstanding! Excellent! Demanding! Well organized! Intense! Phenomenal!
"Thank you! Andrew, Michael, & Marie. This CFLA Training has been a valuable experience."
"This was a great class and eye opening, especially if your in the foreclosure defense, to defend your clients rights best way possible. Looking forward to take next level course."
"If your looking for securitization training you won't find any better."
"It is a life-changing experience—both in knowledge and spirit."
"If you open your mind and listen, they will lead you to the promised land. Very educational and will enhance my business forever."
"Buckle your seats belts, you’re in for a real treat! Your in for the greatest information of the Information Age!!"
"If you have but one thing you do to further your education, make it this course. This is something that can be utilized in almost every real estate situation that exist today. What you can do with the information you learn will change lives."
"This was an outstanding training. If you want to learn Securitization and become and auditor, this is the class for you!"
"This class will change the direction of your life as a professional. It offers a gateway into the world of securitization and inherently valuable navigation tools to uncover the lack of integrity being performed in secondary investor trusts. This class is for anyone, but highly benefits professionals of foreclosure proceedings. Thank you CFLA! Thank "
"My expectations were exceeded. I have been a Real Estate professional since 1993 and have simply followed guidelines established. This course has opened my eyes to all the reasons of 'why'."
"CFLA is one of the only business entities offering a one-stop shop where an attorney can get education, pleadings, research and practice support in the field of foreclosure defense. The attorney networking opportunities provided by CFLA are very valuable."
"The class was extremely informative. The instructors were exceptional. I will use this information in all my reports, which in turn will help my clients." Rhonda A.
"Everyone in life has a mission and a purpose. It’s a matter of actually finding out what your purpose is. This class was the missing piece of the puzzle for me. I can now do what so many have attempted and failed. Help every and anyone who has the motivation to help themselves to be not only successful in my own mission, but also be able to help others accomplish theirs."
"This course was the missing link in putting together all the knowledge I’ve already been accumulating, but was not able to assimilate into a prosecutable document for submission which an attorney can use in litigation. Thanks!"
"Although I have prior experience of 20 years of Mortgage Banking and Real Estate, this class has given me a comprehensive edge over the average attorney and ultimate foreclosure defense! Thank you for taking me to the top."
"I came in to this class wanting to do professional, competent, and comprehensive forensic loan audits and that is exactly what this class has done for me! As a mortgage professional looking to sustain myself in this career field, I have found that this class has opened up a wealth of opportunities for me and was easily worth the time and money."