Agenda
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Day 1
Day 2
Day 1
9:00 |
Opening Remarks from the Conference Co-ChairsAmy S. Ooi Nanci L. Weissgold |
9:15 |
How to Adapt to New Legislative and Regulatory Demands in the Pandemic: Lenders’ and Servicers’ PerspectivesR. Christopher Baker James Bloss Jeffrey W. Kibbey Jason Miller Moderator:Kristine E. Kruger In this interactive roundtable discussion, a distinguished group of in-house counsel will speak on compliance and litigation challenges in the COVID-19 context and how they will continue to navigate the aftermath of the pandemic. |
10:15 |
State and Federal Enforcement Activity in the COVID-19 Context and Beyond: Key Actions Taken in the Past Year, Pandemic-Induced Priorities, and What to Expect in the Months AheadJedd Bellman Christopher B. Mulvihill With a decrease in federal enforcement under the Trump administration, state regulators and Attorneys General have ramped up their investigation of mortgage companies and other consumer loan providers. New demands on lenders and servicers in the context of the pandemic are only intensifying scrutiny of their practices by state authorities, and new federal legislation opens the door for new kinds of enforcement actions. This session will address:
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11:15 |
Break |
11:45 |
Anticipating Disputes Relating to Forbearance Programs: How to Interpret Consumers’ Statutory Rights and Appropriately Disclose TermsMaura K. McKelvey Jason R. Bushby The CARES Act, analogous state legislation, and government investors have set out varying expectations for in a range of forbearance programs aimed at easing the impact of the pandemic on homeowners. The industry is encountering inevitable ambiguities in navigating the intricacies of these programs, creating fertile ground for disputes over non-compliance. This panel will cover:
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12:45 |
Lunch Break |
1:30 |
How to Navigate Debt Collection Restrictions, Manage Liquidity Challenges, and Reconcile Opposing Demands from Consumers and Investors as a ServicerLance L. Morley Joy Harmon Sperling Nanci L. Weissgold While government programs have offered significant relief to borrowers, servicers continue to face pressure from regulators and investors alike – maintaining the liquidity needed to pay to investors while contending with decreased payments from borrowers. This panel will address:
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2:30 |
Break |
3:00 |
What Servicers Can Expect as Forbearances Expire: Defending Against Litigation and Enforcement Over Inadequate Loss Mitigation Measures and Preparing for a Possible Foreclosure CrisisDavid M. Bizar Graham H. Kidner Kim H. Israel As homeowners continue to be unable to meet their obligations in the pandemic and beyond, servicers must contend with important challenges in preventing potential foreclosures. In light of new consumer protection frameworks and increased regulatory scrutiny of industry practices in an emergency situation, much is at stake in how these loss mitigation measures are carried out. This session will address:
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4:00 |
How to Manage Disputes with Bankrupt Debtors Amid a Likely Increase in Defaults and New Debtor Protections Under CARES Amendments to the Bankruptcy ActKim Andres Adam M. Swanson With forbearance programs ending and continued mass unemployment inevitably leading to higher default rates, the pandemic is expected to produce a surge in bankruptcies and related litigation. Moreover, changes to the bankruptcy code have created further challenges for creditors dealing with bankrupt debtors. This session will address:
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5:00 |
Co-Chairs’ Closing Remarks, Conference Adjourns |
Day 2
9:10 |
Opening Remarks from the Co-ChairsAmy S. Ooi Nanci L. Weissgold |
9:15 |
In-House Perspectives on How to Effectively Work with External Counsel to Optimize Resources and OutcomesDavid Altman Justin T. Bradley Joseph L. Mooney Lynde Selden Moderator:Shaun Ramey An esteemed panel of in-house counsel will discuss how to build a productive relationship with outside counsel in a context of limited resources and increasing challenges in mitigating liability. |
10:15 |
Meeting Credit Reporting Requirements in the Context of the Pandemic and How to Mitigate Liability Under CARES Amendments to the FCRABryan A. Fratkin Steven M. Kaplan The consumer lending industry saw a pre-COVID uptick in credit reporting disputes, with actions under the FCRA leading over any other statute. Complexities in credit reporting in the pandemic will only exacerbate this trend further. Compliance challenges and disputes resulting from retroactive CARES Act provisions preceding the enactment of the statute. This panel will speak on:
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11:15 |
Break |
11:45 |
Navigating the Complexities of Mortgage Origination in the Pandemic and BeyondJeffrey Jamison Wendy Beth Oliver Joshua C. Prever Moderator:Richard E. Gottlieb
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12:45 |
Lunch Break |
1:30 |
Spotlight on Fraud: Responding to Regulatory Scrutiny Over Aggressive Marketing Campaigns, Force Placed Insurance, and Deception in COVID-Related ReliefNikhil V. Gore Michael Y. Kieval
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2:30 |
Break |
3:00 |
Fair Lending Compliance and Defense Strategies: Challenges in Underwriting, Redlining, and Equitably Implementing Relief ProgramsAustin K. Brown Francis X. Riley III Chava Brandriss
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4:00 |
Lessons Learned from Recent TCPA Settlements, Ongoing Ambiguities Over the Definition of an Auto Dialer, and What Servicers Can do to Mitigate LiabilityEric M. Hurwitz Alan M. Kidd
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5:00 |
Co-Chairs’ Closing Remarks, Conference Concludes |