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Lack of Standing in Foreclosure: Assessing, Avoiding, and Overcoming the Borrower Defense

Learn the must-know tips for avoiding or overcoming lack of standing defense.

Despite recent improvements in the nationwide economy, commercial and residential foreclosure rates remain high. Borrowers anxious to save their property will scrutinize every detail of the lender's case to find ways to stave off foreclosure. One defense that has had significant traction over the past few years is the assertion that the foreclosing lender lacks standing to foreclose. The vast majority of mortgage notes are transferred after origination, and an understanding of the proper assignment procedures is essential to avoiding this defense. This topic will help lenders understand the procedures and required documentation for transfer of a note and mortgage or deed of trust before the foreclosure is filed. The material will also explore ways to overcome the defense when asserted by the borrower. This information is essential for lenders, foreclosure attorneys, and other real estate professionals.

Runtime: 92 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Transfer of Mortgage Note

  • Promissory Note as Commercial Paper
  • Assignment of Mortgage or Deed of Trust
  • The Power of a Power of Attorney

Establishing Standing

  • Judicial Foreclosure States
  • Nonjudicial Foreclosure States
  • Federal Courts

Lack of Standing Defense

  • Rise of Standing Defense
  • Challenging Void vs. Voidable Instruments
  • Waiver of Defense

Tips for Avoiding or Overcoming Lack of Standing Defense

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Rachel M. Blise

Rachel M. Blise

Foley & Lardner LLP

  • Associate in the Milwaukee, WI office of Foley & Lardner LLP
  • Practice emphasizes bankruptcy, foreclosure, and creditors rights
  • Conducts regular seminars on bankruptcy and foreclosure issues
  • Can be contacted at 414-297-5862 or [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 400714
Published 2017
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