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Residential Lending Hot Topics: POA’s, Reverse Mortgages & Truth in Lending

Contains material from Oct 2015

Residential Lending Hot Topics: POA’s, Reverse Mortgages & Truth in Lending
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Session 1: Reverse Mortgages: An Idea Whose Time Has Come - Hear a brief overview of the history of reverse mortgages, the compelling need for such loan programs in retirement planning in the United States today, and the legal challenges that face reverse mortgage lenders and servicers.
 
Session 2: TILA-RESPA Integrated Disclosures - An overview of how practices in the real estate industry are impacted by the TILA-RESPA Integrated Disclosure rule, including process and workflow challenges presented around pre-application, application, provision of upfront loan estimates, and closing disclosures under the new rule.
 
Session 3: Successfully Navigating the Texas Foreclosure Statute of Limitations Minefield - There has been a considerable increase in Texas lawsuits filed to void residential liens based on the expiration of the statute of limitations to foreclose. To assist in navigating the foreclosure limitations minefield and avoid the draconian result of a voided lien, the accrual, tolling, and stopping of the limitations clock become of paramount importance in foreclosure litigation.
 
Session 4: Hot Property Owner Association (POA) Topics for Lenders’ Lawyers - Gain insight into the most pertinent subject matter when lenders and property owners associations cross paths, including lien priority and/or subordination issues, lenders' right of redemption, and a wish list for lenders from a POA lawyer.
 
Session 5: Rescission in the Truth in Lending Act: The UT Law Supreme Court Clinic’s Victory on Behalf of Borrowers in Jesinoski v. Countrywide Home Loans, Inc. - In January 2015, the United States Supreme Court handed down a succinct 9-0 decision in favor of borrowers seeking to rescind mortgages under the Truth in Lending Act, surprising many Court watchers. Hear a brief analysis of the UT Law Supreme Court Clinic's strategic choices in seeking certiorari in this case while the issue was moving through several courts of appeals simultaneously, and then in successfully litigating on behalf of borrowers against Seth Waxman and Bank of America.

Includes: Audio Paper Slides


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1. Reverse Mortgages: An Idea Whose Time Has Come (Oct 2015)

James M. Milano

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(mp3)
31 mins
(pdf)
51 pgs
Slides
(pdf)
4 pgs
Session 1 —31 mins
Reverse Mortgages: An Idea Whose Time Has Come (Oct 2015)

Hear a brief overview of the history of reverse mortgages, the compelling need for such loan programs in retirement planning in the United States today, and the legal challenges that face reverse mortgage lenders and servicers.

Originally presented: Sep 2015 Mortgage Lending Institute

James M. Milano, Weiner Brodsky Kider PC - Washington, DC

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2. TILA-RESPA Integrated Disclosures (Oct 2015)

Chris A. Peirson

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(mp3)
26 mins
(pdf)
55 pgs
(pdf)
41 pgs
Session 2 —26 mins
TILA-RESPA Integrated Disclosures (Oct 2015)

An overview of how practices in the real estate industry are impacted by the TILA-RESPA Integrated Disclosure rule, including process and workflow challenges presented around pre-application, application, provision of upfront loan estimates, and closing disclosures under the new rule.

Originally presented: Sep 2015 Mortgage Lending Institute

Chris A. Peirson, PeirsonPatterson, LLP - Dallas, TX

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3. Successfully Navigating the Texas Foreclosure Statute of Limitations Minefield (Oct 2015)

Jason L. Sanders

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(mp3)
29 mins
(pdf)
13 pgs
(pdf)
22 pgs
Session 3 —29 mins
Successfully Navigating the Texas Foreclosure Statute of Limitations Minefield (Oct 2015)

There has been a considerable increase in Texas lawsuits filed to void residential liens based on the expiration of the statute of limitations to foreclose. To assist in navigating the foreclosure limitations minefield and avoid the draconian result of a voided lien, the accrual, tolling, and stopping of the limitations clock become of paramount importance in foreclosure litigation.

Originally presented: Sep 2015 Mortgage Lending Institute

Jason L. Sanders, Locke Lord LLP - Dallas, TX

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4. Hot Property Owner Association (POA) Topics for Lenders’ Lawyers (Oct 2015)

Brady Ortego

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(mp3)
31 mins
(pdf)
17 pgs
(pdf)
14 pgs
Session 4 —31 mins
Hot Property Owner Association (POA) Topics for Lenders’ Lawyers (Oct 2015)

Gain insight into the most pertinent subject matter when lenders and property owners associations cross paths, including lien priority and/or subordination issues, lenders' right of redemption, and a wish list for lenders from a POA lawyer.

Originally presented: Sep 2015 Mortgage Lending Institute

Brady Ortego, Roberts Markel Weinberg Butler Hailey PC - Houston, TX

Show session details

5. Rescission in the Truth in Lending Act: The UT Law Supreme Court Clinic’s Victory on Behalf of Borrowers in Jesinoski v. Countrywide Home Loans, Inc. (Oct 2015)

Lynn E. Blais, Lisa M.C. Elizondo, Emily A. Fitzgerald

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Preview Materials

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(mp3)
31 mins
(pdf)
15 pgs
Session 5 —31 mins
Rescission in the Truth in Lending Act: The UT Law Supreme Court Clinic’s Victory on Behalf of Borrowers in Jesinoski v. Countrywide Home Loans, Inc. (Oct 2015)

In January 2015, the United States Supreme Court handed down a succinct 9-0 decision in favor of borrowers seeking to rescind mortgages under the Truth in Lending Act, surprising many Court watchers. Hear a brief analysis of the UT Law Supreme Court Clinic's strategic choices in seeking certiorari in this case while the issue was moving through several courts of appeals simultaneously, and then in successfully litigating on behalf of borrowers against Seth Waxman and Bank of America.

Originally presented: Sep 2015 Mortgage Lending Institute

Lynn E. Blais, Co-Director of the Supreme Court Clinic, The University of Texas School of Law - Austin, TX
Lisa M.C. Elizondo, Fourteenth Court of Appeals - Houston, TX
Emily A. Fitzgerald, The Supreme Court of Texas - Austin, TX