with Chad Elrod, Esq. and Jeff Jackson, Esq.
STATE BAR APPROVED 6 HR CLE
May 4, 2013
||Chad D. Elrod
South Texas College of Law, J.D. (2008)
The University of Houston, B.S. (2005)
State Bar of Texas (2008)
Houston Young Lawyers Association
Bridge to Eden, Non-Profit (Director)
||Jeffrey C. Jackson
South Texas College of Law, J.D. (2008)
The University of Texas at Austin, B.A. (2005)
State Bar of Texas (2008)
Texas Young Lawyers Association
Responsible Urban Development for Houston
- The Fundamentals of Securitization
- What is securitization?
- History of Mortgage Securitization
- The Securitization Parties and Their Roles
- Pooling and Servicing Agreements
- Originator-Bank that originated the loan
- Sponsor/Seller-middle bank bought note from originator and sold to depositor to package in the trust – most missed the closing date
- Depositor-Bank that sold the Note to the Investor
- Issuing Entity – The Trust
- Closing Date
- Lack of Standing
- Every Mortgage is supposed to be registered on this system
- Intended during the 1990’s to cut recording costs/fees for the banking industry; also helped hide chain of title from the public
- Approximately 65 million mortgages=Mers is beneficiary or nominee
- Each time the NOTE was transferred by law there was supposed to be a duly signed assignment (from Originator to Sponsor/Seller to Depositor); this did not occur in most cases
- Mortgage Securitization Audit
- Shows exactly how many times the note has been sold and into which trust (classes); in some instances the note has been sold multiple times as if it was the first time the Note was sold – Securities Fraud
- Shows the note has been paid off – answer to tender rule
- Quiet Title
- What is Quiet Title?
- Steps to Quiet Title Litigation
- Title Search – Public Record Search
- Complaint for Quiet Title
- How to use 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
The Securitization Parties and Their Roles
Florida Quiet Title Law in the Foreclosure Defense Context
- Nature and Purpose of Relief
- Mortgage Lien Validity as a Cloud on Title
- Practice and Procedure
- Answers and Counterclaims
- Burden of Proof and Trial
- Post Foreclosure Sale Relief (Wrongful Foreclosure)
- Florida Case Studies: Proper Pleading of Quiet Title in Mortgage Context
- Assignee's/Transferee's Standing to Foreclose
- Standing Generally
- Negotiable Instruments (UCC Art. III)
- Assignments vs. Transfers
- Mortgage Assignments (State Law)
- Proper Effection
- UCC Art. III Transfers (UCC and State Law)
- Pre-Requisites of a Negotiable Instrument
- Pre-Requisites of a Transfer
- Holder Status vs. Holder in Due Course Status
- Florida Case Studies: Standing to Foreclose
- Basics of a Homeowner Workout
- Deed in Lieu of Foreclosure
- Short Sale
"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."