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Live Webinar

90-minute live streaming program
  • January 12
  • 1:00 - 2:30 pm EST

Collection Law Update in Iowa

January 12

Learn the latest steps on Iowa's debt collection within commercial and agricultural areas.

Many creditors find it challenging to keep advised as to recent legal developments affecting collections. The difficulty in staying well-informed arises from the fact that collections practices touch upon so many areas of the law. Knowledge of traditional contract principles, secured transactions, banking practices, and the procedural requirements for litigating the collection of debt all have bearing on debt collection. This topic will cover numerous recent developments in Iowa collection law, and is designed to help those regularly engaging in commercial and agricultural debt collection in Iowa. You will learn steps to take to avoid turning debt collection into litigation, as well as learn how to litigate a collection suit more efficiently, should litigation become unavoidable.

Learning Objectives

- You will be able to describe how to refute arguments that attempt to invalidate a charging order that requires a limited liability company to pay a distribution to a creditor that would otherwise be paid to judgment debtor.

- You will be able to recognize whether a participation agreement involves a sale of undivided ownership interests in an entire loan or merely establishes a debtor-creditor relationship.

- You will be able to discuss the relative priorities of an agricultural supply dealer lien versus a traditional secured creditor in sale proceeds.

- You will be able to explain when a lender involved in a judicial proceeding does not need to obtain a mediation release before filing to foreclose a mortgage on agricultural property.

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Why Lorman?

Over 30 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

Iowa Declines to Allow a Foreclosing Bank to Recover Under the Implied Warranty of Workmanlike Construction
  • No Court Outside of Iowa Has Extended the Implied Warranty of Workmanlike Construction to Allow Warranty Claims by Foreclosing Lenders
  • Courts Reason That Sophisticated Financial Institutions Do Not Have the Disparity of Bargaining Power and Expertise That Triggered the Need for Such a Remedy for Homeowners and Consumers
  • However, a Strongly Worded Dissent Argues That Bank's Alleged Sophistication Is a "Wholly Inadequate" Justification for Denying a Remedy for "Shoddy" Construction
Judgment Creditors Have Two Years to Rescind a Foreclosure Decree
  • This Issue Focuses on the Statutory Interpretation of When the "Mortgagee's Rights Become Unenforceable by Operation of Statute of Limitations"
  • The One Year Rule for Vacating or Modifying Judgments Did Not Apply
  • Rather, an Iowa Code Section Controlled Which Provides That Entered Judgments Are Void and Executions Shall Not Be Issued After Two Years From Judgment Entry
Remember That Payment Is a Defense That the Debtor Typically Must Prove
  • Under Common Law, Possession of a Note Raises a Rebuttable Presumption That the Note Was Not Paid
  • The Defense of Payment by the Borrower Is an Affirmative Defense
  • If the Creditor Possesses the Note, the Court Errs If the Creditor Is Required to Carry the Burden of Proving Nonpayment
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More Program Information

Why Lorman?

Over 30 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

Live Webinar Registration

  • IA CLE 1.5
     
  • Collection Law Update in Iowa is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hours of credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • CPE 1.8 including Specialized Knowledge 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Specialized Knowledge for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     

Who should attend?

This live webinar is designed for attorneys, credit and collection managers, presidents, vice presidents, business owners and managers, insurance professionals, lending professionals, bankers and accountants.

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Why Lorman?

Over 30 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

Mollie Pawlosky

Mollie Pawlosky

Dickinson, Mackaman, Tyler & Hagen, P.C.

  • Shareholder in the office of Dickinson, Mackaman, Tyler & Hagen, P.C.
  • Practice emphasizes all aspects of commercial litigation, complex collections matters, financial institution litigation, and creditors’ rights in bankruptcy
  • Selected for inclusion in the 2009-17 editions of Chambers USA: America’s Leading Lawyers for Business as a “Leading Individual” in the area of General Commercial Litigation in the state of Iowa
  • Selected for inclusion in the 2016-18 editions of Best Lawyers in America in Bankruptcy & Creditor Debtor Rights/Insolvency & Reorganization Law
  • Appointed to 2014 Merit Selection Panel by Chief U.S. District Judge for the Southern District of Iowa to recommend replacement U.S. Magistrate Judge for the Southern District
  • J.D. degree, De Paul University College of Law; B.A. degree, Grinnell College
  • Can be contacted at [email protected] or (515) 246-4504
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Why Lorman?

Over 30 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: 401473
Published 2018
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