Day 1 - Monday, October 22, 2018

7:45
Registration & Continental Breakfast
8:45
Co-Chairs’ Opening Remarks
9:00
The Shifting Political and Regulatory Climate of the Residential Mortgage Industry: Federal and State Agency Insights
9:30
Predicting the Fate of the CFPB Following the Groundbreaking RD Legal “Unconstitutional” Ruling
10:20
Morning Coffee Break
10:40
CFPB’s Mortgage Servicing Rules and Amendments Roundup: RESPA, TILA, and Final Revisions to TRID
11:30
Exploring the Impact of ACA on TCPA Litigation in the Backdrop of the Debt Collection and Residential Mortgage Industries
12:30
Networking Lunch for Speakers and Attendees
1:30
Curbing Litigation Costs and Developing Economic Efficiencies in the Residential Mortgage Space: In-House Counsel Perspectives
2:30
Reverse Mortgages: Examining Litigation Obstacles and Regulatory Challenges in the Residential Mortgage Arena
3:15
Afternoon Refreshment Break
3:25
Forecasting Litigation and Settlement Trends in the Mortgage Servicing and Fair Lending Context
4:20
The Spokeo Saga Continues: Challenges with Standing, Statutory Penalties, and Liens in the FCRA Arena
5:10
The Judges Speak: Judicial Insights on Bankruptcy and Residential Mortgage Litigation Challenges
6:00
Conference Adjourns to Day 2

Day 2 - Tuesday, October 23, 2018

7:30
Continental Breakfast
8:00
Co-Chairs’ Opening Remarks and Recap of Day 1
8:15
Exploring the Nuances of Bankruptcy Challenges and FDCPA Violations in the Residential Mortgage Context
9:00
Hotbed Statute of Limitation Jurisdictions: Drawing the Line on Date of Breach, Foreclosure Nuances, and Default Notices
10:00
Morning Coffee Break
10:15
Compliance Officer Think Tank: Proactively Addressing Evolving Compliance Challenges Unique to the Residential Mortgage Industry
11:30
Risk Management and Internal Audits: Implementing Controls, Devising Strategies, and Overcoming Compliance Challenges
12:15
Networking Lunch for Speakers and Attendees
1:15
Cybersecurity Controls: Responding to Regulations and Implementing Protocols in the Residential Mortgage Context
2:15
Afternoon Refreshment Break
2:30
Ethical Considerations in Residential Mortgage Litigation and Class Actions
3:30
Conference Ends

Day 1 - Monday, October 22, 2018

7:45
Registration & Continental Breakfast
8:45
Co-Chairs’ Opening Remarks

Andrew K. Stutzman
Attorney
Stradley Ronon Stevens & Young, LLP (Philadelphia, PA)

Elizabeth L. McKeen
Partner & Co-Chair Financial Services Practice Group
O’Melveny & Myers LLP (Newport Beach, CA)

9:00
The Shifting Political and Regulatory Climate of the Residential Mortgage Industry: Federal and State Agency Insights

R. Stephen Stigall
Partner
Ballard Spahr LLP
(Former U.S. Assistant Attorney. U.S. Dept. of Justice) (Philadelphia/Cherry Hill, NJ)

Andrew K. Stutzman
Attorney
Stradley Ronon Stevens & Young, LLP (Philadelphia, PA)

The regulatory climate of the residential mortgage industry is changing. New leadership positions are being assumed at the CFPB and enforcement actions previously instituted by the agency will transition from federal to state control, falling under the authority of various state attorneys general. Along these lines, Senate Banking Committee Chair Mike Crapo’s bill to unravel Dodd-Frank protections and de-regulate banks passed in the Senate in March 2018, thus, easing the compliance obligations of financial institutions and curtailing aggressive enforcement actions. In this session, attendees will gain insights into this transition of authority as well as key enforcement priorities and regulations from federal and state agencies impacting the residential mortgage industry for 2019. We will discuss what mortgage companies, banks, and financial institutions can expect during this time of transition and how these changes will impact business practices. Points of discussion will include:

  • Assessing the regulatory climate in light of transitions within key agencies including CFPB, HUD, FHA, and OCC
    • Examining the roles of new leadership assumed at these agencies and how this will impact the residential mortgage industry
  • Predicting enforcement actions at the state level as power shifts away from federal agencies
  • Anticipating any new/pending federal regulations impacting the residential mortgage industry

9:30
Predicting the Fate of the CFPB Following the Groundbreaking RD Legal “Unconstitutional” Ruling

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

Michael A. Mancusi
Partner
Arnold & Porter Kaye Scholer LLP (Washington, DC)

  • Questioning the structure of the CFPB following the RD Legal federal district court decision reversing an appellate court ruling holding the CFPB constitutional
  • Examining CFPB’s priorities and enforcement activity in the era of Interim Director Mick Mulvaney
    • Assessing the impact of CFPB ceasing enforcement actions created from UDAPP violations
    • Predicting the industry response from the CFPB’s Request for Information (RFI) on topics ranging from supervision of banks to enforcement actions
    • Analyzing how the courts are interpreting CFPB’s regulations on arbitration
    • Collecting mortgage data relative to HMDA requirements
  • Understanding the impact of Borders and Borders on the definition of affiliated businesses, standing, and bringing an enforcement action through a perceived violation of RESPA

10:20
Morning Coffee Break
10:40
CFPB’s Mortgage Servicing Rules and Amendments Roundup: RESPA, TILA, and Final Revisions to TRID

Leonard A. Bernstein
Partner Chair, Financial Services Regulatory Team
Holland & Knight LLP

Frank A. Hirsch, Jr.
Partner
Alston & Bird LLP (Raleigh, NC)

  • Deciphering the Final Revisions to TRID
    • Understanding the “Know Before You Owe” mortgage disclosure rule
    • What is the industry’s response to the final revisions to TRID?
  • Analyzing REG X under RESPA for loss mitigation concerns
    • Identifying obstacles for multiple-service transfers in the midst of loan modifications
    • Examining the challenges when loan modifications intersect with foreclosures
    • Understanding technical violations that require lenders to respond within specific time frame
  • Exploring new TILA violations and enforcement actions

11:30
Exploring the Impact of ACA on TCPA Litigation in the Backdrop of the Debt Collection and Residential Mortgage Industries

Scott D. Goldsmith
Partner
Dorsey & Whitney LLP (Costa Mesa, CA)

Kristine E. Kruger
Senior Attorney
Perkins Coie LLP (Seattle, Washington)

Charity A. Olson
Counsel
Varnum LLP (Ann Arbor, MI)

Arjun Rao
Partner
Stroock & Stroock & Lavan LLP (Los Angeles, CA)

The ACA Int’l v. FCC case provided clarity on the FCC’s TCPA Order, including definitions of autodialing, and text messaging, and also addressed antiquated provisions of the TCPA, while acknowledging modern technology. Although it may seem the case was a big win for the consumer finance industry, there are unresolved questions on how this case will specifically impact the residential mortgage industry going forward. In this session, speakers will explore the ‘ins-and-outs’ of the TCPA Order and the potential implications of the ACA case for the residential mortgage industry. Points of discussion will include:

  • Interpreting the ACA case and its potential implications for the FCC’s definition of auto-dialer, safe harbor, capacity, and other provisions of TCPA
  • Forecasting the TCPA litigation landscape in light of the ACA case
    • Interpreting jurisdictional differences/similarities and courts’ opinions on TCPA litigation
  • Identifying other compliance concerns and enforcement trends in the TCPA and residential mortgage context

12:30
Networking Lunch for Speakers and Attendees
1:30
Curbing Litigation Costs and Developing Economic Efficiencies in the Residential Mortgage Space: In-House Counsel Perspectives

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

Clair Maloney Gammill
Assistant General Counsel and Senior Vice President Legal Department
Regions Bank (Birmingham, AL)

Jason Miller
General Counsel
Select Portfolio Servicing, Inc (Salt Lake City, UT)

Charles O. Moore
President, Central Ohio
The Middlefield Banking Company (Dublin, OH)

Alan M. Warfield
Associate General Counsel Legal Department
Branch Banking and Trust Company (BB&T) (Winston-Salem, NC)

Timothy D. Patterson
Senior Counsel - Corporate Litigation
Ditech Financial, LLC (Trophy Club, TX)

Moderator

Jeffrey D. Adams
Partner
PIB Law | Parker Ibrahim & Berg LLP (Boston, MA)

Today’s residential mortgage industry is quickly adapting to transitions in federal and state agencies, amendments to key regulations, and seminal case law and court opinions impacting pivotal areas of the industry. These changes are wrought with complications and obstacles and require insight and guidance from seasoned practitioners who are in the trenches on a daily basis. As a result, the relationship between in-house and outside counsel is critical in addressing these changes and preparing for the challenges of the evolving legal, regulatory, and business landscape. In this session, in-house counsel will discuss what they expect from outside counsel, provide thoughts on the legal and regulatory challenges ahead, the importance of the litigation timeline, and alternative billing arrangements. Topics of discussion will include:

  • Selecting and retaining outside counsel to manage litigation in areas including bankruptcy, TCPA, mortgage servicing, fraud, and other niche areas of the residential mortgage arena
  • Surveying alternative billing methods other than hourly billing
  • Maintaining the litigation budget while staying within deadlines imposed by the court
  • Overcoming challenges with litigation tools such as e-discovery, technology, and other facets of the litigation that can impose multiple burdens on the company

2:30
Reverse Mortgages: Examining Litigation Obstacles and Regulatory Challenges in the Residential Mortgage Arena

Elizabeth L. McKeen
Partner & Co-Chair Financial Services Practice Group
O’Melveny & Myers LLP (Newport Beach, CA)

Edgar Martinez
Senior Counsel
American Advisors Group (Orange, CA)

  • Assessing the impact of reverse mortgage litigation in the residential mortgage arena
  • Interpreting HHA and HUD regulations relative to protection of rights to remain on property and tender of insurance to non-borrowing spouse
  • Examining how the spouse and non-borrowing spouse are treated in the reverse mortgage litigation context
  • Addressing challenges with foreclosure when the borrowing spouse passes away

3:15
Afternoon Refreshment Break
3:25
Forecasting Litigation and Settlement Trends in the Mortgage Servicing and Fair Lending Context

James W. Brody, Esq.
Mortgage Banking Practice Group Chair
Johnston Thomas (Santa Rosa, CA)

Austin K. Brown
Counsel; Litigation, Government Enforcement & White Collar Crime
Skadden, Arps, Slate, Meagher & Flom LLP (Washington, DC)

Valerie L. Hletko
Partner
Buckley Sandler LLP (Washington, DC)

Residential mortgage litigation is replete with challenges related to pre-emption, mortgage insurance, assignments, and ascertainability. These areas are often pose difficulty throughout the course of the litigation and settlement. This panel will address these challenges as well as the following matters:

Survey of mortgage servicing litigation, settlement trends, and key cases across various jurisdictions

  • Interpreting Lusnak v. Bank of America on pre-emption of state laws and paying interest on escrow accounts
  • Assessing the court’s opinion on Fried v. JP Morgan Chase on mortgage insurance
  • Understanding Yvanova case on assignments and whether title is affected
  • Examining residential mortgage backed securities litigation based on breach of representation and warranties
 

Class action trends

  • Exploring the potential class action litigation trend where plaintiffs are “deemed discharged” from past deficiencies from residential mortgage properties but mortgage servicers are unaware
  • Examining recent federal court scrutiny of class action litigation settlements and its impact for the residential mortgage industry
  • Interpreting the effect of In re: Hyundai and Kia Fuel Economy Litigation on nationwide class action settlements
  • Reassessing the class action litigation landscape with Fair Lending and ECOA violations
  • Appropriately defining a class and understanding ascertainability challenges with class action litigation
  • Reassessing class action settlements by the DOJ via the method of filing of an objection and what this means for the future of residential mortgage litigation

4:20
The Spokeo Saga Continues: Challenges with Standing, Statutory Penalties, and Liens in the FCRA Arena

Lisa J. Fried
Partner
Hogan Lovells US LLP (New York, NY)

Ellen B. Silverman
Consumer Financial Services Practice Group Leader
Hinshaw & Culbertson LLP (New York, NY)

Hunter R. Eley
Managing Partner
Doll Amir & Eley LLP (Los Angeles, CA)

  • Impact of the Supreme Court’s refusal to hear Spokeo for a second time after the 9th Circuit’s ruling and appeal
  • Examining the effects of Spokeo relative to statutory penalties, standing, and liens in the residential mortgage context
    • Interpreting a line of cases in New York on finding statutory penalties for failing to timely release liens
  • Analyzing case law on FCRA violations after Spokeo
    • Assessing the impact of soft pulls on credit reporting on existing borrowers in bankruptcy

5:10
The Judges Speak: Judicial Insights on Bankruptcy and Residential Mortgage Litigation Challenges

Hon. Wiley Daniel

U.S. District Court District of Colorado

Hon. Janis Graham Jack

U.S. District Court Southern District of Texas (Corpus Christi, TX)

Hon. Craig A. Gargotta

U.S. Bankruptcy Court Western District of Texas (San Antonio, TX)

Hon. Alan E. Trust

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

Hon. Darnell Jackson

10th Circuit Court Saginaw County, MI (Saginaw, MI)

Moderator

Jeff Pilgrim
Partner
Pilgrim Christakis LLP (Chicago, IL)

In this session, attendees will gain insights from federal and state court judges having a wealth of information and experience in the residential mortgage context, including matters involving bankruptcy and the FDCPA amendments. Attendees will have the opportunity to learn from these prestigious jurists and engage in Q & A.

6:00
Conference Adjourns to Day 2

Day 2 - Tuesday, October 23, 2018

7:30
Continental Breakfast
8:00
Co-Chairs’ Opening Remarks and Recap of Day 1
8:15
Exploring the Nuances of Bankruptcy Challenges and FDCPA Violations in the Residential Mortgage Context

James Haltom
Partner
Nelson Mullins Riley & Scarborough LLP (Nashville, TN)

Reid S. Manley
Partner
Burr & Forman LLP (Birmingham, AL)

  • Understanding the impact of FDCPA in the residential mortgage litigation context
    • Assessing bankruptcy related concerns with discharges and service releases
  • Examining the increase of loan modifications in New York
  • Exploring TCPA violations when the debtor is in bankruptcy and whether calling a cell phone is prohibited
    • Offering clear communication to the borrower on debt collection, default, and ways to cure default as a mortgage lender
    • Understanding why some letters lenders send to the borrower are approved by the courts while others violate FDCPA

9:00
Hotbed Statute of Limitation Jurisdictions: Drawing the Line on Date of Breach, Foreclosure Nuances, and Default Notices

B. David L. Foster
Partner
Locke Lord LLP (Austin, TX)

Brian S. McGrath
Member
McGlinchey Stafford LLP (New York, NY)

Michele Stocker
Shareholder and Chair, Financial Services Litigation Practice
Greenberg Traurig, P.A. (Fort Lauderdale, FL)

Statute of limitation challenges are often difficult to overcome and pose huge obstacles to practitioners. Technical violations are rampant as there are specific guidelines on sending letters and notices to borrowers in default. As a result, financial institutions are finding difficulty in meeting certain requirements to stay compliant, while borrowers often raise affirmative defenses during the foreclosure process which lengthens the time of litigation and increase costs. In this session, speakers will explore statute of limitations challenges relative to determining date of breach, foreclosure nuances, and default notices in hotbed states including New York, Florida, and Texas.  

New York

  • Examining the role of bringing an action for an accelerated mortgage within the time frame allowed in New York
  • Determining the date of default and date when statute of limitation begins to run relative to a missed mortgage payment
  • Attending settlement conferences following the foreclosure notice
  • Addressing quiet title actions and statute of limitation nuances
 

Florida

  • Interpreting the Bartram v. US National Bank and Veldon v. Nationstar Mortgage case on statute of limitations
  • Bringing an action through judicial foreclosure and understanding the nuances between nonjudicial vs. judicial foreclosure
  • Bringing an action against the borrower within the time-frame allowed in Florida once the mortgage defaults
 

Texas

  • Review of trends in post-foreclosure litigation
  • Litigation involving third-party challenges to the validity of first lien mortgages on loans
  • Applicability of statute of limitations in Ocwen Loan Servicing, LLC v. Berry

10:00
Morning Coffee Break
10:15
Compliance Officer Think Tank: Proactively Addressing Evolving Compliance Challenges Unique to the Residential Mortgage Industry

Scott Murphy
Senior Counsel
Mortgage Banking Section Wells Fargo & Co. Legal Department (Des Moines, IA)

Scott Nardi
SVP, Chief Compliance Officer
TIAA Bank (Jacksonville, FL)

Judith Tribble
SVP, Chief Compliance Officer
Lakeview Loan Servicing, LLC (Coral Gables, FL)

Robert Turner
V.P./CRA Officer/Lending Compliance Manager
Colonial Savings, F.A. (Fort Worth, TX)

Moderator

Kara A. Czanik
Attorney
Graydon Head & Ritchey LLP (Cincinnati, OH)

In today’s highly challenging and changing regulatory environment, developing and implementing a thorough compliance program is a critical competency for the residential mortgage industry. The concept of a culture of compliance is tantamount to establishing the necessary processes and procedures to avoid investigations and enforcement actions. Compliance must be a way of life as opposed to an afterthought. In this interactive roundtable, compliance officers in the residential mortgage industry will address managing internal controls within company specific guidelines and mandates which meet compliance obligations to federal and state agencies. Topics of discussion will include:

  • Devising strategies for creating effective and robust compliance programs to meet the complexities of evolving regulations and initiatives
  • Implementing the appropriate processes and procedures internally to ensure compliance programs are effective
  • Understanding the nuances of federal and state agencies’ guidelines and mandates in order to avoid costly fines and enforcement actions
    • Exploring the regulatory landscape from the perspective of federal agencies including OCC, CFPB, HUD, and FHA
    • Understanding pre-emption concerns and challenges when state attorneys general assert authority over certain actions causing friction with federal agencies
  • Developing compliance training programs with the goal of creating a culture of compliance

11:30
Risk Management and Internal Audits: Implementing Controls, Devising Strategies, and Overcoming Compliance Challenges

Troy Garris
Managing Member
Garris Horn pllc (Dallas, TX)

Paul H. Schieber
Shareholder
Stevens & Lee (King Of Prussia, PA)

In this session, speakers will explore the challenges relative to creating risk management and internal audits within small to mid-size banks. While bigger mainstream banks are well-oiled machines and have departments solely focused on risk management and internal audits, the void is glaringly apparent within small to mid-size banks. Points of discussion will include:

  • Devising strategies to reduce risk and exposure to liability
  • Creating departments and roles specifically for risk management and internal audits
  • Comparison and contrast of departments within small to mid-size bank vs. bigger mainstream banks

12:15
Networking Lunch for Speakers and Attendees
1:15
Cybersecurity Controls: Responding to Regulations and Implementing Protocols in the Residential Mortgage Context

Michael Y. Kieval
Member
Weiner Brodsky Kider PC (Washington, DC)

Ralph T. Wutscher
Managing Principal
Maurice Wutscher LLP (Chicago, IL)

  • Implementation of NYDFS regulation for financial institutions and mortgage originators
    • Protection of personal financial information
  • Privacy requirements for debt collectors and ensuring borrowers know who they are talking to
    • Understanding where the data is being transmitted and the intended use
  • Assessing the implications of cyber security in the residential mortgage context
  • Impact of GDPR and the EU’s protection of data and privacy of its citizens
    • ”Right to be Forgotten”

2:15
Afternoon Refreshment Break
2:30
Ethical Considerations in Residential Mortgage Litigation and Class Actions

John C. Lynch
Partner
Troutman Sanders LLP (Virginia Beach, VA)

In this session, attendees will gain a deeper understanding of ethical challenges related to litigation, government investigations, and regulatory compliance in the residential mortgage arena. Points of discussion will include:

  • Conflicts with respect to joint representation (servicers, investors, or others)
  • Self disclosure concerns when dealing with government agencies
  • Privilege challenges when government agencies request to see records
    • How much do you disclose and when do you assert privilege?
  • Ethical considerations when borrowers try to litigate their foreclosure/mortgage default cases as a pro se applicant
  • How servicers, banks, and mortgage companies should communicate with pro se applicants
    • Have these individuals ever retained counsel in the past?
  • Class action ethical dilemmas in e-discovery, attorney fees, and settlement negotiations

3:30
Conference Ends