Subprime Lending Litigation & Regulatory Enforcement

Wednesday, September 26, 2007

About

The surge in mortgage lending litigation is sweeping up lenders, brokers, the secondary market and even rating agencies. Are your defense strategies ready for the new wave of litigation?

With home values dropping, interest rates rising and too many borrowers in loans they can’t afford under changing terms, litigation was inevitable. However, not many predicted the extent or number of players that would be substantially impacted. With new decisions on preemption, consumer groups seeking to lay blame for the mortgage crises and individuals looking to extricate themselves from liabilities, it is imperative that every entity involved in mortgage lending be prepared to defend their acts and practices from new and emerging claims.

American Conference Institute, the recognized expert in developing consumer finance events that bring together experts on key legal and strategic issues, has put together this publication from our event that will allow you to shore up your defenses to the coming deluge of litigation and you will gain insight from industry litigation experts on

  • New and Emerging Plaintiffs, Class Actions and Borrower Targets
  • Defeating Challenges on Suitability and “Tangible Benefit”
  • Supporting Sufficiency of Disclosures in Non-Traditional Mortgage Product Litigation
  • Secondary Market: Assessing Liability and Apportioning Losses
  • Loss Mitigation Strategies to Prevent Servicing, Collections and Foreclosure Claims
  • Determining Third Party Liability for Origination Practices
  • Emerging Exposures from Regulatory & Legislative Activities: Perspectives from the Hill
  • Current State Enforcement Priorities for Mortgage Lending
  • What Watters Means for Mortgage Enforcement and Litigation
  • Redlining and Reverse Redlining: Proactive Defenses and Preventive Measures

Contents & Contributors

About

The surge in mortgage lending litigation is sweeping up lenders, brokers, the secondary market and even rating agencies. Are your defense strategies ready for the new wave of litigation?

With home values dropping, interest rates rising and too many borrowers in loans they can’t afford under changing terms, litigation was inevitable. However, not many predicted the extent or number of players that would be substantially impacted. With new decisions on preemption, consumer groups seeking to lay blame for the mortgage crises and individuals looking to extricate themselves from liabilities, it is imperative that every entity involved in mortgage lending be prepared to defend their acts and practices from new and emerging claims.

American Conference Institute, the recognized expert in developing consumer finance events that bring together experts on key legal and strategic issues, has put together this publication from our event that will allow you to shore up your defenses to the coming deluge of litigation and you will gain insight from industry litigation experts on

  • New and Emerging Plaintiffs, Class Actions and Borrower Targets
  • Defeating Challenges on Suitability and “Tangible Benefit”
  • Supporting Sufficiency of Disclosures in Non-Traditional Mortgage Product Litigation
  • Secondary Market: Assessing Liability and Apportioning Losses
  • Loss Mitigation Strategies to Prevent Servicing, Collections and Foreclosure Claims
  • Determining Third Party Liability for Origination Practices
  • Emerging Exposures from Regulatory & Legislative Activities: Perspectives from the Hill
  • Current State Enforcement Priorities for Mortgage Lending
  • What Watters Means for Mortgage Enforcement and Litigation
  • Redlining and Reverse Redlining: Proactive Defenses and Preventive Measures

Contents & Contributors

SUBPRIME AND NONTRADITIONAL MORTGAGES –NONTRADITIONAL LITIGATION?
Tom Hefferon, Goodwin Procter

NEW AND EMERGING LITIGATION TRENDS: SUBPRIME LENDING
Bradley H. Blower, Relman & Dane, PLLC

DEFEATING CHALLENGES ON SUITABILITY AND “TANGIBLE BENEFIT”
Benjamin Klubes, Skadden, Arps, Slate, Meagher & Flom LLP

BEFORE SUITABILITY: A REVIEW OF EXISTING LAW BEFORE THE NEW WAVE OF FORTHCOMING SUITABILITY LEGISLATION
Stuart B. Wolfe, Wolfe & Wyman LLP

LITIGATION CONCERNING SUFFICIENCY OF DISCLOSURES WITH NON-TRADITIONAL MORTGAGE PRODUCTS
Richard Gottlieb, Dykema Gossett PLLC
Naomi A. Carry, Dykema Gossett PLLC

SOME CURRENT STATE FORECLOSURE PREVENTION PROGRAMS: LOSS MITIGATION STRATEGIES IN A STRESSED ENVIRONMENT
Jordan Dorchuck, A Lehman Brothers Company

RESPONDING TO LITIGATION WHEN LOSS MITIGATION STRATEGIES FAIL
Debra Lee Hovatter, Spilman Thomas & Battle, PLLC

DETERMINING THIRD PARTY LIABILITY FOR ORIGINATION PRACTICES: LENDERS VS. BROKERS
Julie Caggiano, Aegis Mortgage Corporation

SUBPRIME LENDING LITIGATION & REGULATORY ENFORCEMENT
H. Hunter Twiford, III, McGlinchey Stafford



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