Learn how to address preventable areas of lender liability.
When times are good - loans are made, and they usually perform well. However, when there is an economic decline, or borrowers run into financial straits, that's when borrowers hire lawyers who scrutinize the lender's actions from inception to the present - looking for anything to turn the tables on the lender or loan servicer. This presentation will help the persons responsible for protecting lenders and loan servicers with addressing preventable areas of lender liability. It will also explain how to better detect communications, circumstances, arrangements and actions that are potential minefields for future lender liability litigation. Mistakes can be cleaned up while the loan is still on track - or off the track - and this program will tell you proven ways to do just that.
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Why Lorman?
Over 38 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
Overview
- Purpose of Webinar
- Primary Theories of Lender Liability
Avoiding Loan Origination Issues
- Communications With the Borrower
- Protocol Agreements
- Loan Documentation Issues and Recommendations
- Alternative Dispute Resolution/Arbitration Provisions
Avoiding Loan Servicing Issues
- Training Employees
- Pre-Recorded Messages
- Documenting the File
- RESPA/Chbor and Similar Laws
- Avoiding Claims Based on Incorrect or Disputed Communications
- Cybersecurity/Privacy Issues
Default: The Most Critical Time in the Life of a Loan
- The Degree of Default
- Guarantors
- Review the File
- Determining Next Steps
Avoiding Modifications/Workout Issues
- Single Point of Contact
- Foreclosure Prevention Alternatives
- Protocol Agreements
- Title Insurance
Appropriately Managing the Foreclosure Process
- Judicial vs. Nonjudicial
- Receiverships
- Single Family 1-4 or Commercial Properties
- Dual Tracking
- Bidding
- To Complete or Not Complete the Foreclosure Sale
Conclusion
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Why Lorman?
Over 38 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 Course
This course was last revised on May 28, 2025.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- NJ CLE 1.3
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- TN CLE 1.08
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.08 hours of credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NM CLE 1.0
- VT CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 38 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
Jason E. Goldstein
Buchalter
- Shareholder at Buchalter
- Co-chair of Buchalter’s Title Insurance and Escrow Group and specializes in resolving complex business disputes for a diverse cross-section of clients, which include ‘private money’ lenders/brokers/servicers, insureds, mortgage servicers, banks, credit unions, foreclosure trustees, investors, trade secret owners, individuals which own real property and general contractors, including through trial.
- Frequent author on broker and lender liability, title insurance, escrow and trade secrets
- Has spoken at conferences conducted by the California Mortgage Association, the American Association of Private Lenders, the California MBA, the MBA, the California Receivers Forum and the Northern and Southern California Chief Appraisers or-ganization
- Member of the state bars of California and Florida and is a fellow of the American College of Mortgage Attorneys
- J.D. Degree, from the University Of Miami School Of Law; B.A. Degree, at the University of Southern California
- Can be contacted at 949-760-1121, or [email protected]
John Hosack
Buchalter
JOHN L. HOSACK
- Shareholder at Buchalter
- Co-Chair of Buchalter’s Title Insurance & Escrow Industry Group and represents secured lenders and property owners at trial and on appeal in complex real property disputes, including lender liability, fraud, class actions, breaches of contract, wrongful foreclosures, mechanic’s liens, stop notices, judicial foreclosures, receiverships, escrow claims and title insurance claims. His transactional practice includes commercial real property loan documentation, loan workouts, REO sales and foreclosures
- Lecturer and a speaker for numerous organizations including the American Bar Association, State Bar of California, California Continuing Education of the Bar, University of California, Boalt Hall School of Law, Pasadena Bar Association, Beverly Hills Bar Association and the California Mortgage Association
- Wrote the first book on title insurance and is a frequent author on broker and lender liability, title insurance and escrow
- Member of the state bar of California and a fellow of the American College of Mortgage Attorneys
- Undergraduate school studies at the University of Washington and obtained his Juris Doctor Degree from University of San Francisco School of Law
- Can be contacted at 213-891-0700, or [email protected]
David Liu
Buchalter
DAVID M. LIU
- Special Counsel at Buchalter
- Practice Co-Chair of Buchalter’s Cybersecurity Law Practice Group. David specializes in, among other things, cyber security, privacy litigation, class actions, mortgage lending and real estate
- Has previously presented at the California Mortgage Bankers Association on the topic of cybersecurity and privacy
- Author of ‘Want to Ensure Arbitration in an E-Commerce World? Time To Refresh Your Website’s Terms of Service’ and ‘Website Operators Beware: Privacy Litigation on the Rise’
- Member of the California bar, Veteran of Foreign Wars, American Legion, International Association of Privacy Professionals (IAPP) and has earned the certified Artificial Intelligence Governance Professional credential through the International As-sociation of Privacy Professionals
- J.D. Degree from Loyola Law School; Masters in Social Work & Science in Gerontology from the University of Southern California; B.A. Degree, in Social Work from California State University, Long Beach
- Can be contacted at 949-760-1121, or [email protected]
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Why Lorman?
Over 38 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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