Day 1 - Wednesday, November 30, 2016

7:15
Registration and Continental Breakfast
8:00
Co-Chairs’ Opening Remarks
8:05
Federal and State Government Roundtable on Mortgage Servicing: Preparing for and Responding to the Latest Regulatory and Enforcement Priorities, the CFPB Final Servicing Rule Amendments, How to Ensure Compliance in a Multi-Agency Environment, and Preparing for 2017 and Beyond
9:55
Morning Coffee Break
10:10
Mortgage Servicing Case Law Year in Review: Key Notable Case Decisions from the Last Year (Including Fallout from Relevant Supreme Court Cases) and Their Impact on the Industry
11:15
Dealing with Successors in Interest and Consumers in Bankruptcy: New Servicing Requirements in the Wake of the Amended CFPB Final Servicing Rules
12:20
Networking Lunch for Speakers and Delegates
1:20
The Latest RESPA and TILA Developments: CFPB Final Rule Changes That Are Impacting Regs X and Z, Implementation Challenges, Claims Trends and Best Practices for Compliance in Early Intervention, Loss Mitigation, Periodic Statements and Beyond
2:20
Spotlight on Fair Debt Collection Practices: Strategies for Ensuring Compliance and Avoiding Liability
3:05
Afternoon Break
3:10
Heightened Focus on Fair Lending/Fair Servicing: What are Regulators On the Lookout for in Determining Discrimination by Servicers, and Examining the Impact of the new HMDA Rule
4:10
Overview of the Latest State-Level Servicing Legislation and Activity, and Navigating the Challenges of Operating Under Conflicting and Colliding Federal and State Regulatory Requirements
5:10
Mitigating the Operational Challenges and Pitfalls of Fair Credit Reporting
6:00
Conference Adjourns to Day Two

Day 2 - Thursday, December 1, 2016

7:30
Registration and Continental Breakfast
8:00
TRID Implementation Fallout: Surviving the Aftermath of the New Disclosure Rules and Navigating the Climate of Legal Uncertainty
9:00
Default Servicing Update: The Latest Trends and Challenges in Foreclosure, REO, Emerging Statute of Limitations Issues, Homeowners Association “Super-Lien” Risks, Pending Changes to the Federal Rules of Bankruptcy Procedure and Beyond
10:05
Morning Coffee Break
10:15
Compliance Checklist for CFPB Examinations: Lessons Learned from Those Who Have Had the CFPB Knock on Their Door, and Insights on How the CFPB is Working/Coordinating with Other Regulators in Supervision and Exams
11:25
Vendor Management 2.0: Overcoming Key Challenges for Vendor Management In The Mortgage Servicing Industry, and Ensuring Your Third-Party Risk Management Program Is Up To Par
12:35
Taking a Mortgage Servicing Case to Trial – A Panel of Litigators Shares Proven Strategies for All Stages of the Litigation and Appeals Process
1:35
Main Conference Ends – Lunch for Master Class Participants

Day 1 - Wednesday, November 30, 2016

7:15
Registration and Continental Breakfast
8:00
Co-Chairs’ Opening Remarks

Lauren E. Campisi

McGlinchey Stafford

Margaret P. Chase
Vice President and Deputy General Counsel
Fannie Mae

8:05
Federal and State Government Roundtable on Mortgage Servicing: Preparing for and Responding to the Latest Regulatory and Enforcement Priorities, the CFPB Final Servicing Rule Amendments, How to Ensure Compliance in a Multi-Agency Environment, and Preparing for 2017 and Beyond

Richard K. Hayes
Deputy Chief, Civil Division
Office of the United States Attorney

Eastern District of New York

John Prendergast
Vice President, Supervision
CSBS

Tom James
Senior Assistant Attorney General
Consumer Counsel – Consumer Fraud Bureau

Office of the Illinois Attorney General

Jedd Bellman
Assistant Commissioner
Office of the Maryland Commissioner of Financial Regulation

Christopher Tuite
United States Attorney’s Office
Middle District of Florida

Max Weinstein
Chief of the Consumer Protection Division
Massachusetts Attorney General’s Office

Moderator:

Michael E. Gordon

Wilmer Cutler Pickering Hale and Dorr LLP
Former Senior Counselor to the Director of the CFPB

9:55
Morning Coffee Break
10:10
Mortgage Servicing Case Law Year in Review: Key Notable Case Decisions from the Last Year (Including Fallout from Relevant Supreme Court Cases) and Their Impact on the Industry

Natasha I. Campbell
Senior Counsel
Ally Bank

Jennifer Gray

Greenberg Traurig, LLP

John Burley
Associate General Counsel
Fannie Mae

Moderator:

Sarah Alexander Goldfrank
Senior Vice President and Deputy General Counsel
Fannie Mae

This panel will provide you with a comprehensive survey of the year’s most important court decisions involving or affecting the mortgage servicing industry. Follow along as counsel well versed in the new developments in case law over the past year engage you in an in-depth examination of the real-life impact of each case on mortgage servicing practices. Participants will learn what these cases reveal about trends in mortgage servicing litigation as well as recommendations for how in-house practitioners can update their litigation strategies in response to recent developments going forward.

11:15
Dealing with Successors in Interest and Consumers in Bankruptcy: New Servicing Requirements in the Wake of the Amended CFPB Final Servicing Rules

Lauren E. Campisi

McGlinchey Stafford

Roland P. Reynolds

Palmer, Lombardi & Donohue LLP

Carmelo D. Bramante
Manager, Real Estate Lending
Regulatory Compliance & Public Policy

Navy Federal Credit Union

Moderator:

Margaret P. Chase
Vice President and Deputy General Counsel
Fannie Mae

Successors in Interest

  • Examining the latest CFPB rule amendments regarding successors in interest
  • How to identify and confirm successors in interest and what obligations/ requirements do servicers have once that has been done?
  • Loss mitigation requirements with regard to mortgage holder heirs
  • Loan modifications for successors in interest
  • State legislation addressing this issue

Borrowers in Bankruptcy

  • Assessing the new servicing requirements for consumers in bankruptcy; implementation challenges and pitfalls to avoid
  • Best practices with regard to communication with bankrupt borrowers, drafting and filing of proofs of claims (new bankruptcy proof of claim forms), provision of modified periodic statements and early intervention notices, how payments are applied, the handling of charged off loans, and much more
  • Having the right internal operations in place to ensure you’re in compliance
  • Dealing with Chapter 13 trustees overseeing a consumer’s bankruptcy case

12:20
Networking Lunch for Speakers and Delegates
1:20
The Latest RESPA and TILA Developments: CFPB Final Rule Changes That Are Impacting Regs X and Z, Implementation Challenges, Claims Trends and Best Practices for Compliance in Early Intervention, Loss Mitigation, Periodic Statements and Beyond

Lydia A. Morley
Vice President | Assistant General Counsel
US Bank

R. Andy Arculin

Venable LLP
Former Senior Counsel in the CFPB’s Office of Regulations

David K. Stein

Bricker & Eckler LLP

  • Final amendments to RESPA servicing provisions as related to:
    • Forced place insurance notices
    • Policies and procedures
    • Early intervention
    • Loss mitigation requirements
  • Final amendments to TILA servicing provisions as related to periodic statement requirements
  • Assessing the implementation challenges associated with these new rules; pitfalls to avoid and best practices
  • What claims trends are being seen with regard to Regs X and Z? What are these claims alleging? What are the succeeding theories of liability and succeeding defenses?
  • What claims are we expecting to see on the horizon that haven’t been seen yet?
  • TILA rescission post-Jesinoski – what have subsequent cases been saying about how rescission operates in practice after notice of rescission is provided?

2:20
Spotlight on Fair Debt Collection Practices: Strategies for Ensuring Compliance and Avoiding Liability

Matthew Stromquist

Pilgrim Christakis LLP

Ben Diehl

Stroock & Stroock & Lavan, LLP

  • Addressing the significant increase in consumer FDCPA litigation, and increased CFPB supervision of debt collectors (including mortgage servicers who qualify as debt collectors)
  • Examining trends and lessons learned from recent debt collection enforcement actions – what do those lessons predict for future debt collection rulemaking?
  • CFPB servicing rule amendments focusing on requirements when a consumer sends a cease communication request under the FDCPA
  • The latest FDCPA risks to be aware of
  • FDCPA liability for law firms issuing payoff and restatement quotes
  • An industry discussion of the CFPB’s proposed rulemaking on the FDCPA: what topics are the CFPB taking under review? What are the potential implications of new proposed CFPB rules relating to:
    • The validation process to confirm a debt
    • The transfer of time-barred debts
    • The potential for registration requirements for debt collectors
    • Rules for first-party debt collectors
    • Beyond

3:05
Afternoon Break
3:10
Heightened Focus on Fair Lending/Fair Servicing: What are Regulators On the Lookout for in Determining Discrimination by Servicers, and Examining the Impact of the new HMDA Rule

Darren M. Welch

Skadden, Arps, Slate, Meagher & Flom LLP

Martha Svoboda

Poyner Spruill

Elizabeth McKeen

O’Melveny & Myers LLP

  • Regulators heightened focus on “fair lending/ fair servicing” practices as related to loss mitigation, loan modification, foreclosure and beyond
  • What are they on the lookout for and under what circumstances are they finding discrimination / disparate impact against consumers?
  • Overview of the latest enforcement actions and case decisions
  • Recent redlining actions against mortgage lenders/servicers
  • Compliance management strategies to mitigate risk and satisfy examiners
  • Fair lending implications associated with the CFPB’s passing of the new HMDA rule (updating reporting and compliance requirements) – will more reported data lead to the detection of more potential discriminatory lending practices?

4:10
Overview of the Latest State-Level Servicing Legislation and Activity, and Navigating the Challenges of Operating Under Conflicting and Colliding Federal and State Regulatory Requirements

Justin Wiseman
Director of Loan Administration Policy Public Policy and Industry Relations
Mortgage Bankers Association

James M. Milano

Weiner Brodsky Kider PC

Rose Marie Brook
President
Fabrizio & Brook, P.C.

  • An overview of the latest notable state-level mortgage servicing regulations and activity – what have been the implications?
  • Challenges faced by servicers when operating under conflicting and/or overlapping federal and state regulatory requirements
  • Conflicting federal and statewide regulations governing
    • Default servicing, particularly with regard to foreclosure practices (differing timelines and processes)
    • Exchange of information
    • Format
    • Mailing requirements
    • Statements
    • Much more
  • State level activity surrounding:
    • Vacant & abandoned properties
    • Changes in laws around property
    • Preservation
    • CSBS proposal on capital/liquidity
  • Structuring your operations system to minimize the risks that occur when federal and state regulations collide
  • Tips and strategies for managing concurrent state and federal examinations/audits
  • Unifying your system and processes to minimize gaps amongst overlapping regulations

5:10
Mitigating the Operational Challenges and Pitfalls of Fair Credit Reporting

Hunter Eley

Doll Amir & Eley LLP

Holly Pierson

Pierson Law LLC

  • An industry discussion of the continued operational and compliance risks, challenges and pitfalls associated with reporting information to consumer reporting agencies
  • What are the latest regulatory expectations?
  • Where are servicers tripping up?
  • Ensuring that you are reporting accurate and complete information under the standards of the FCRA
  • Ensuring fair credit reporting compliance when responding to consumer requests for information, particularly in cases already in litigation, or where foreclosure has already started
  • Challenges associated with the use of automated reporting systems
  • Issues with reporting derogatory information
  • Are emotional distress damages available for borrowers who bring consumer claims under the Fair Credit Reporting Act? Examining the courts’ split on this issue

6:00
Conference Adjourns to Day Two

Day 2 - Thursday, December 1, 2016

7:30
Registration and Continental Breakfast
8:00
TRID Implementation Fallout: Surviving the Aftermath of the New Disclosure Rules and Navigating the Climate of Legal Uncertainty

Richard Horn

Richard Horn Legal, PLLC
Former CFPB attorney who led the TRID rule

Vincent G. Danzi
SVP & Senior Counsel
First Nationwide Title Agency, LLC

  • The new disclosures that are now required by the CFPB’’s Know Before You Owe mortgage initiative (or TRID rule) have created a climate of legal uncertainty. This panel will discuss the most common and pressing operational challenges the industry is experiencing as a result of TRID implementation, and provide insights on:
    • What are the most serious disclosure risks now?
    • What should you do if you uncover a problem with your disclosures?
    • What ambiguities exist in the CFPB’s guidelines “fact sheet” regarding the disclosure of construction-to-permanent loans?
    • How much protection do the CFPB, GSE and FHA transition grace periods provide you?
    • What training and tweaks should you be undertaking now?
    • What are the continuing risks related to conflicts with other mortgage rules?
    • What disclosure monitoring should you be undertaking?
  • Update on the CFPB’s Notice of Proposed Rulemaking providing clarification and further regulatory guidance concerning TRID

9:00
Default Servicing Update: The Latest Trends and Challenges in Foreclosure, REO, Emerging Statute of Limitations Issues, Homeowners Association “Super-Lien” Risks, Pending Changes to the Federal Rules of Bankruptcy Procedure and Beyond

Brian D. Schorr
Vice President – National Underwriting
Stewart Title Guaranty Company

Lori Scott
Associate General Counsel
Freddie Mac

Walter Buzzetta
Counsel
MERSCORP Holdings, Inc.

Alan S. Wolf

The Wolf Firm

Jon H. Patterson

Bradley Arant Boult Cummings LLP

  • Industry experts provide insights on the latest trends and challenges in default servicing; default servicing risk factors; areas of potential liability and litigation exposure
  • State foreclosure laws and the latest Statute of Limitations issues
  • Recent issues surrounding zombie foreclosures and how servicers should be dealing with them
  • Addressing unique troubleshooting situations that arise in the foreclosure process; (e.g. when you’ve already started the foreclosure process and realize that you failed to satisfy a requirement, what do you do?)
  • Foreclosure and bankruptcy discharge litigation trends (including class action trends)
  • Overview of pending changes to the Federal Rules of Bankruptcy Procedures and their anticipated implementation challenges
  • The latest risks and activity associated with HOA “super priority liens”
  • Strategies for servicers servicing loans in super-lien states

10:05
Morning Coffee Break
10:15
Compliance Checklist for CFPB Examinations: Lessons Learned from Those Who Have Had the CFPB Knock on Their Door, and Insights on How the CFPB is Working/Coordinating with Other Regulators in Supervision and Exams

Lucy Morris

Hudson Cook, LLP
Former CFPB Deputy Enforcement Director

Gerald S. Sachs

Paul Hastings LLP
Former Senior Counsel for Policy and Strategy with the CFPB Enforcement Office

James Brody

American Mortgage Law Group, P.C.

  • A panel of attorneys/servicers from banking and non-banking institutions who have experienced CFPB exams engages in an interactive discussion of their experiences, and provide a compliance checklist, as well as insights on:
    • What happened and how they responded
    • How they could’ve been better prepared
    • What worked and didn’t work
    • How they observed the CFPB work and coordinate with other regulatory entities in the process
    • Examples of how the regulators are talking to each other
    • Interagency FAQs
    • Practical approaches to being stronger, better and faster in the face of CFPB and other regulator examinations

11:25
Vendor Management 2.0: Overcoming Key Challenges for Vendor Management In The Mortgage Servicing Industry, and Ensuring Your Third-Party Risk Management Program Is Up To Par

Patricia Duranty-Robbins
Unit Manager/Investigations Specialist Mortgage
Investigative Services Group Financial Intelligence

PNC Bank, NA

Michelle Leigh
Director, Regulatory Audits and Controls
Lenders Compliance Group

Richard W. Koch
Senior Vice President
Structural Credit Ratings
Operational Risk Assessment Group

Morningstar Credit Ratings, LLC

Michael R. Pfeifer

Pfeifer & de la Mora, LLP

  • A panel of experts share key insights on employing due diligence and oversight of your third-party vendors, and provide a step-by-step tactical tool-kit for the entire vendor management process, including:
    • Risk rating
    • Contract issues
    • Management of multiple vendors
    • Management of your vendors’ vendors
    • Ongoing monitoring and red flags
    • Variances between vendors
    • Document management
    • Vendor audits
    • Investor and regulatory audits
    • Resolving differences with your vendors
    • How can vendor management software help?

12:35
Taking a Mortgage Servicing Case to Trial – A Panel of Litigators Shares Proven Strategies for All Stages of the Litigation and Appeals Process

Kerry P. McInerney

Sirote & Permutt, P.C.

David M. Bizar

Seyfarth Shaw LLP

Jon S. Hubbard

Troutman Sanders LLP

  • A panel of litigators sits down to discuss:
    • Personal experiences with trying mortgage servicing cases
    • Insights on practical approaches taken, the outcomes they received, what worked and didn’t work, and lessons learned
    • Tips and strategies for all stages of the litigation and appeals process

1:35
Main Conference Ends – Lunch for Master Class Participants