Learn about the alternatives to foreclosures and how the CARES Act legislation has affected them.
This topic will focus on the process and procedures of mortgage foreclosure, specifically a judicial mortgage foreclosure. The material will discuss the differences between judicial and nonjudicial foreclosure. Learn what creditors faced during a foreclosure prior to the current COVID-19 world. The main part of the topic will focus on what a creditor and/or its counsel can expect moving forward in 2023. What will a post-COVID-19 foreclosure world look like? What did moratoriums teach us about foreclosure litigation and what types of litigation can be expected? How long will a typical foreclosure take due to the expected court backlogs? What can creditors do to prepare, loss mitigation options to avoid a foreclosure?
Learning Objectives
- You will be able to review judicial versus nonjudicial foreclosures.
- You will be able to discuss alternatives to foreclosure.
- You will be able to identify hurdles for creditors post-COVID 19 and the end of moratoriums.
- You will be able to explain what will change in 2023 and the future.
Agenda
Judicial vs. Nonjudicial Foreclosures
- What Is the Difference?
- Which States Are Judicial?
- Typical Judicial Foreclosure Process and Timeframe
Alternatives to Foreclosure
- Loss Mitigation
- Forbearances - Cares Act
- Loan Modifications
- Short Sales
- Deed in Lieu of Foreclosures
Hurdles for Creditors Post- COVID-19 and the End of the Moratoriums
- Litigation
- Court Ordered Conciliations
What Will Change in 2023 and in the Future?
- How Have Courts Dealt With the Lifting of the Moratoriums?
- What Does That Mean for Creditors?
- Additional Obstacles
- Litigation
- Court Backlog
- Loss Mitigation Overwhelmed
- Bankruptcy
Speakers
Keri P. Ebeck,
Bernstein-Burkley, P.C.- Partner-In-Charge of the Bankruptcy Practice group at Bernstein-Burkley, P.C.
- Practice focuses primarily on consumer and commercial bankruptcy for creditors
- Conducts regular seminars/live webinars and workshops on bankruptcy on a national level
- Represents creditors nationally and is admitted to practice in Pennsylvania, New Jersey, Northern District of Ohio, all four districts of Texas, Southern and Northern Districts of Indiana, Third Circuit Court of Appeals and U.S. Supreme Court
- Received American Legal and Financial Network (ALFN)’s 2017 JPEG: Picture the Future Award
- Immediate past chair of Bankruptcy and Commercial Law Section of the Allegheny County Bar Association, current vice-chair of the Finance Committee of Allegheny County Bar Association, current vice-chair of the Investment Committee of the Allegheny County Bar Association; member of American Legal Financial Network (ALFN), Bankruptcy and Women in Legal Leadership committees, member of Legal League 100, member of Turnaround Management Association, and Finance chair of Judith K. Fitzgerald Bankruptcy Inns of Court
- Can be contacted at 412-456-8112 or kebeck@bernsteinlaw.com
Nicole Mariani Noel,
Kass Shuler, P.A.- Shareholder/Partner at Kass Shuler, PA.
- Heads the Bankruptcy Practice group for Kass Shuler, PA and handles cases throughout the State of Florida, including the Northern, Middle and Southern Districts, practicing in the fields of bankruptcy, creditors’ rights and insolvency, real estate, and consumer and business litigation
- Memberships includes the American Bankruptcy Institute, Tampa Bay Bankruptcy Bar Association (TBBBA), The Florida Bar, and the American Legal and Financial Network
- Co-chairs the Bankruptcy Practice Group for the American Legal and Financial Network (ALFN) and formerly co-chaired the Case Law Update Subcommittee for the Real Property Finance and Lending Committee of the RPPTL Section of the Florida Bar
- Board of Directors for the Tampa Bay Bankruptcy Bar Association, chaired the Pro Bono and Community Service Committee, and later served as the Editor for The Cramdown, the quarterly publication of the TBBBA
- Published work includes Was Brown a Rash Decision? (The Cramdown, Summer 2014); Incompatible Personalities: Investigating the Mutually Exclusive Nature of § 1322(b)(2), (5) (ABI Journal, November 2012) and Stripping Down Your Spouse: Tenancy by the Entirety Property Ownership under § 506 (ABI YLC Newsletter, September 2012); recently wrote a chapter on bankruptcy in Florida foreclosure law published by Fastcase
- Adjunct professor at St. Petersburg College and Hillsborough Community College teaching bankruptcy, business law, and civil litigation
- Selected for the 2016 NextGeneration program held by the Bankruptcy Judges during the National Conference of Bankruptcy Judges (NCBJ)
- Fellow for the Florida Bar Leadership Academy; named one of ALFN’s Junior Professionals and Executives Group (JPEG)’s stand-out young professional to watch in 2016
- Can be contacted at 813-229-0900 ext. 1343 or nmnoel@kasslaw.com
Who Should Attend
This live webinar is designed for presidents, vice presidents, accountants, attorneys, branch managers, directors, loan officers, loan department personnel, and estate and financial planners.
