Day 1 - Tuesday, October 29, 2019

7:15
Registration and Continental Breakfast
8:15
Co-Chairs’ Opening Remarks
8:30

DIGITAL AND ELECTRONIC TRANSACTIONS IN RESIDENTIAL MORTGAGE INDUSTRY

Examining the Technological and Legal Developments in Digital Mortgages and the Impact on the Rise of a Non-Traditional Lender
9:45
What Are the Risks Now Posed by Digital Marketing/Online Advertising
10:45
Morning Coffee Break
11:00
In-House Counsel Perspectives on Managing Litigation, Working with Reduced Budgets, and the Impact of the Consolidation in the Industry
12:15
Networking Luncheon
12:45

INDUSTRY HIGHLIGHTS: IN-HOUSE COUNSEL ROUNDTABLE

In-House Counsel Perspectives on Managing Litigation, Working with Reduced Budgets, and the Impact of the Consolidation in the Industry
1:30
Regulatory Compliance Concerns Keeping In-House Compliance Counsel Awake at Night
2:30
The New World of Third-Party Vendor Management and Diligence Standards: Staffing of Vendor Management Operations In-House and Defining In-House Counsel Roles
3:30
Afternoon Coffee Break
4:00

INTERPLAY OF BANKRUPTCY AND MORTGAGE INDUSTRY

Mortgages in Bankruptcy: How Does Bankruptcy Impact Foreclosure Proceedings
5:00
The conference adjourns

Day 2 - Wednesday, October 30, 2019

7:45
Continental Breakfast
8:15
Co-Chairs’ Opening Remarks
8:30

LITIGATION UPDATE: HOW SHOULD LENDERS/SERVICERS HANDLE RESIDENTIAL MORTAGE LITIGATION GOING FORWARD

Key Takeaways from the Emerging State Developments and Trends in Mortgage Servicing Litigation
9:30
Spotlight on the Emerging Federal Statute Developments and Strategies for Defending against Innovative Borrower Claims
10:45
Morning Coffee Break
11:00

CLASS ACTION UPDATE

Extracting the Most Important Lessons from the Top Class Action Cases
12:00
Networking Luncheon
1:00
The Borrower’s Perspective: Insights from the Plaintiffs’ Bar
1:45
Judicial Insights on Emerging and Most Important Decisions that Will Be Impacting Residential Mortgage Industry
2:45
Afternoon Coffee Break
3:00
Fair Lending and Equal Opportunity Laws Roundup: What Does the Residential Mortgage Industry Need to Be Aware of Now
3:45

LENDERS AS FINANCIAL INSTITUTIONS AT THE FOREFRONT OF PROTECTING PRIVATE CONSUMER INFORMATION

Privacy and Data Security: CCPA and Forecasting What to Expect as Consumers Become More Conscious of Their Privacy Rights
4:45
Conference Ends

Day 1 - Tuesday, October 29, 2019

7:15
Registration and Continental Breakfast
8:15
Co-Chairs’ Opening Remarks

Laura C. Baucus
Leader, Financial Services Litigation
Dykema Gossett PLLC (Bloomfield Hills, MI)

Heather Howell Wright
Partner
Bradley Arant Boult Cummings LLP (Nashville, TN)

8:30

DIGITAL AND ELECTRONIC TRANSACTIONS IN RESIDENTIAL MORTGAGE INDUSTRY

Examining the Technological and Legal Developments in Digital Mortgages and the Impact on the Rise of a Non-Traditional Lender

Laura C. Baucus
Leader, Financial Services Litigation
Dykema Gossett PLLC (Bloomfield Hills, MI)

Michael Cafferky
Sr. Product Manager – eMortgages
Fannie Mae (Washington, D.C.)

Rajasekhar Penugonda
Product Development Senior Business Lead
Freddie Mac

Technological requirements and process Status of implementation of eNotes and eMortgages

 

  • Current adoption and status of investor acceptance
  • eVault and transfer models
  • eNotarization and online remote notarization
  • How a “bailee” is addressed with eNotes
  • Data standardization
  • Upcoming changes for “Secured Party

 

Enforcement of eNotes and eMortgages

 

  • New legal framework for eNotes and eMortgages
  • Standard for enforcing eNotes in court
  • Effects of digitized lending on credit accessibility and fair lending considerations

 

Examining the impact of the rise of a non-traditional lender

9:45
What Are the Risks Now Posed by Digital Marketing/Online Advertising

Carolyn Gebhard Johnson
VP, Associate General Counsel
Mr. Cooper (Dallas, Texas)

Heather Howell Wright
Partner
Bradley Arant Boult Cummings LLP (Nashville, TN)

  • Brief overview of what advertising in residential mortgage industry is
  • State and federal activity on false advertising
    • What are the enforcement parameters?
    • Type of recent enforcement actions taken

 

Digital Marketing/Online Advertising

 

  • What does this type of advertising entail?
  • Addressing risks of a lending institution using social media platform for ads
  • Lessons learned from National Fair Housing Alliance v. Facebook, Inc.

10:45
Morning Coffee Break
11:00
In-House Counsel Perspectives on Managing Litigation, Working with Reduced Budgets, and the Impact of the Consolidation in the Industry

Joel Israel
Vice President & Assistant General Counsel
Ocwen Financial Corporation (Addison, TX)

Julie Kane
Executive Director, Ass’t General Counsel
JPMorgan Chase & Co. (Plano, TX)

Craig Lackey
Executive Vice President and General Counsel
Rushmore Loan Management LLC (Dallas, TX)

Amy S. Ooi
Vice President, Associate General Counsel
Caliber Home Loans, Inc. (Coppell, TX)

Kent Pearson
Associate General Counsel
Fannie Mae (Dallas, TX)

Moderator:

Aaron Goldstein
Senior Attorney
Perkins Coie LLP (Los Angeles, CA)

  • Litigation forecast
    • What can lenders/servicers expect to see in the next few years with respect to residential mortgage litigation activity
  • Enhancing relationships with outside counsel
  • Working with reduced budgets and smaller staff
  • How is industry coping with the consolidation?
  • Servicing transfers and operational and legal risks related to transfer of servicing from one mortgage servicer to another
    •  Best strategies as to how companies develop internal policies and procedures for transferring loans
  • Exploring the off-shoring of mortgage servicing and originations
  • Exploring the interest among lenders and servicers to outsource some of their operations to other countries
    • How much of it has been done thus far and what is the current trend?
  • FinTech and its evolving role in mortgage origination and servicing operations
    • Analyzing different ways lenders and servicers are looking to use FinTech

12:15
Networking Luncheon
12:45

INDUSTRY HIGHLIGHTS: IN-HOUSE COUNSEL ROUNDTABLE

In-House Counsel Perspectives on Managing Litigation, Working with Reduced Budgets, and the Impact of the Consolidation in the Industry

Joel Israel
Vice President & Assistant General Counsel
Ocwen Financial Corporation (Addison, TX)

Amy S. Ooi
Vice President, Associate General Counsel
Caliber Home Loans, Inc. (Coppell, TX)

Kent Pearson
Associate General Counsel
Fannie Mae (Dallas, TX)

  • Litigation forecast
    • What can lenders/servicers expect to see in the next few years with respect to residential mortgage litigation activity
  • Enhancing relationships with outside counsel
  • Working with reduced budgets and smaller staff
  • How is industry coping with the consolidation?
  • Servicing transfers and operational and legal risks related to transfer of servicing from one mortgage servicer to another
    • Best strategies as to how companies develop internal policies and procedures for transferring loans
  • Exploring the off-shoring of mortgage servicing and originations
  • Exploring the interest among lenders and servicers to outsource some of their operations to other countries
    • How much of it has been done thus far and what is the current trend?
  • FinTech and its evolving role in mortgage origination and servicing operations
    • Analyzing different ways lenders and servicers are looking to use FinTech

1:30
Regulatory Compliance Concerns Keeping In-House Compliance Counsel Awake at Night

Holly Guest
Chief Compliance Officer
Residential Bancorp (Dallas, TX)

Nisa Howard
Executive Vice President, Compliance and QC Director
PrimeLending (Dallas, TX)

Tiffany Phelps
Chief Compliance Officer
SoFi Home Loans (Lewisville, TX)

Moderator:

Hunter R. Eley
Managing Partner
Doll Amir & Eley LLP

  • Persistent issues anticipated by the industry to be a potential target for enforcement
  • State enforcement activity
  • Implementation of private flood insurance rules
  • Potential impact of 2020 election
  • Economic pressures affecting compliance

2:30
The New World of Third-Party Vendor Management and Diligence Standards: Staffing of Vendor Management Operations In-House and Defining In-House Counsel Roles

Patrick Marlin Burnett
Vice-President and Associate General Counsel
Republic Bank & Trust Company (Louisville, KY)

Richard Koch
Director, RMBS Structured Finance
Fitch Ratings (New York, NY)

Stacey Reyes
Vice President, Vendor Risk Management
Mr. Cooper (Nationstar Mortgage LLC) (Lewisville, TX)

Moderator:

Michael Flynn
Of Counsel
Buchalter (Los Angeles, CA)

  • Staffing of vendor management operations in-house
    • Addressing the issue that the staffing may be divided by a lending product
    • Addressing the fact that different groups may not report up to in-house legal
  • In-house counsel roles
    • Aligning with and assisting business management
  • Ensuring line of business compliance with enterprise wide vendor management policy
  • Vendor contract negotiation
  • Vendor audits
  • The rating agency approach to assessing vendor management in servicer ratings
  • The key elements of a highly rated vendor management program for servicers

3:30
Afternoon Coffee Break
4:00

INTERPLAY OF BANKRUPTCY AND MORTGAGE INDUSTRY

Mortgages in Bankruptcy: How Does Bankruptcy Impact Foreclosure Proceedings

Kim Andres
Assistant General Counsel
Citi (Irving, TX)

Elizabeth DeSilva
VP, Chief Servicing Counsel
Ditech Financial LLC (Fort Washington, PA)

Thomas A. Connop
Partner
Locke Lord LLP (Dallas, TX)

  • How bankruptcy proceedings work and impact on foreclosure proceedings
  • Notices of final cure
  • Payment change notices
  • Bankruptcy escrow issues
  • Loan modification and bankruptcy

5:00
The conference adjourns

Day 2 - Wednesday, October 30, 2019

7:45
Continental Breakfast
8:15
Co-Chairs’ Opening Remarks
8:30

LITIGATION UPDATE: HOW SHOULD LENDERS/SERVICERS HANDLE RESIDENTIAL MORTAGE LITIGATION GOING FORWARD

Key Takeaways from the Emerging State Developments and Trends in Mortgage Servicing Litigation

Ronnie J. Bitman
Managing Partner
Bitman O'Brien & Morat, PLLC (Lake Mary, FL)

Mitchell A. Lieberman
Partner
Noonan & Lieberman, Ltd. (Chicago, IL)

Joe Patry
Senior Counsel
MERSCORP Holdings, Inc. (Reston, VA)

Deborah Yoon Jones
Partner
Alston & Bird (Los Angeles, CA)

  • Regional update on state law and litigation
    • California, New York, Southeast, Midwest
  • Loss mitigation activity in key states
    • What claims are valid by a borrower if homeowner modification is denied?
  • Current MERS litigation on issues regarding recorded mortgages
  • Update on statute of limitations challenges relative to determining date of breach, foreclosure nuances, and default notices in key states

9:30
Spotlight on the Emerging Federal Statute Developments and Strategies for Defending against Innovative Borrower Claims

Thomas N. Abbott
Attorney
Perkins Coie LLP (San Francisco, CA)

David J. Bird
Senior Counsel
Ditech Financial LLC (Fort Washington, PA)

Christina A. Livorsi
Partner
Day Pitney LLP (Parsippany, NJ)

Moderator:

Shanna M. Boughton
Member
McGlinchey Stafford PLLC (Boston, MA)

  • FDCPA
    • Determining and implementing best practices
    • Defending against new and innovative borrower claims
    • Examination of recent cases involving communications with debtors after their debt has been discharged in bankruptcy
  • FCRA
  • Latest developments in TCPA litigation and compliance
  • Latest developments in ADA litigation and compliance
    • Status of cases involving accessibility of mortgage lending institution’s websites by visually impaired individuals
  • UDAAP challenges

10:45
Morning Coffee Break
11:00

CLASS ACTION UPDATE

Extracting the Most Important Lessons from the Top Class Action Cases

Jason W. Mcelroy
Member
Weiner Brodsky Kider PC (Washington, DC)

Becky L. Huinker
Attorney
Bryan Cave Leighton Paisner LLP (Chicago, IL)

  • Examination of the most significant class actions impacting the industry
  • Lessons learned from the Experian-Equifax class action involving of a continual reporting of delinquency after a debt has been discharged
    • Can a plaintiff sue under either FCRA or CCRA in California?
    • What are current defenses and ways to attack claims brought under these statues?
    • How can lenders adjust their systems to address the issue of continual delinquency reporting?

12:00
Networking Luncheon
1:00
The Borrower’s Perspective: Insights from the Plaintiffs’ Bar

Jeffrey C. Jackson
Managing Attorney
Jeffrey Jackson & Associates, PLLC (Houston, TX)

J. Patrick Sutton

The Law Office of J. Patrick Sutton (Austin, TX)

Moderator:

Andrew K. Stutzman
Co-Chair, Financial Services Litigation
Stradley Ronon Stevens & Young, LLP (Philadelphia, PA)

In this session, the attendees will have an opportunity to hear from the plaintiffs’ attorneys on how they view — and circumstances that impact their decisions to bring — these cases as well as challenges they are facing.

1:45
Judicial Insights on Emerging and Most Important Decisions that Will Be Impacting Residential Mortgage Industry

Hon. Christine A. Nowak
U.S. Magistrate Judge
U.S. District Court, Eastern District of TX (Sherman, TX)

Hon. Alan S. Trust
U.S. Bankruptcy Judge
U.S. Bankruptcy Court, Eastern District of New York (Central Islip, NY)

Moderator:

Richik Sarkar
Member, Chief Privacy Officer
McGlinchey Stafford PLLC (Cleveland, Ohio)

  • What issues and cases they view will continue to shape the residential mortgage industry?
  • Examining the trend involving judges’ reluctance to rule on many issues and make decisions, making this type of litigation difficult and long

2:45
Afternoon Coffee Break
3:00
Fair Lending and Equal Opportunity Laws Roundup: What Does the Residential Mortgage Industry Need to Be Aware of Now

Joseph H. Hickey
Member
Dykema Gossett PLLC (Bloomfield Hills, MI)

Christopher Tucci
VP & Chief Counsel – Real Estate & Consumer Lending Bank Counsel
USAA (Charlotte, NC)

  • Examining the increased focus on affordable housing and fair lending in the coming months
  • Redlining risks: How frequently do lenders perform redlining analysis?
    • Current developments with enforcement actions by the DOJ
    • What kind of data analysis should a lender be doing to understand if it has a redlining risk?
    • Who should a lender compare itself to when examining this risk?
  • New fair lending risks

3:45

LENDERS AS FINANCIAL INSTITUTIONS AT THE FOREFRONT OF PROTECTING PRIVATE CONSUMER INFORMATION

Privacy and Data Security: CCPA and Forecasting What to Expect as Consumers Become More Conscious of Their Privacy Rights

Jim Bloss
Policy and Program Compliance Manager
Colonial Savings, F.A. (Fort Worth, TX)

Thomas J. Kearney
Partner, Consumer Financial Services
Akerman LLP (Washington, D.C.)

  • CCPA: Impact on the mortgage industry (lenders and servicers) and anticipated liability issues
    • Developing a plan to implement compliance with the act and avoid liability
    • Examination of the implications of the statutory damages provision
  • Comparison to the new proposed NYPA (New York Privacy Act)
  • GDPR-like regulations: In anticipation of a dozen or so jurisdictions’ contemplating implementation of GDPR-like regulations, how should lenders conform its systems to respond to these regulations?

 

Data breach and cybersecurity

  • What is a reasonable data security program?
  • What steps should lenders/servicers take upon discovery of a data breach?

4:45
Conference Ends