Foreclosure Defects: Off Record Defects and Their Impact on Marketability of Title Audio Download

    By Alan Fields, Andy Dogali, Christopher W Smart and John C Lynch

    Foreclosure Defects: Off Record Defects and Their Impact on Marketability of Title Audio Download

    Foreclosure Defects: Off Record Defects and Their Impact on Marketability of Title Audio Download

    By Alan Fields, Andy Dogali, Christopher W Smart and John C Lynch

    PROGRAM INFORMATION The headlines have alerted us to many of the deficiencies in the wave of foreclosure actions that followed the economic downturn and it has been six months since the lenders and servicers put the brakes on foreclosures in recognition of these problems, but are we any closer to grappling the difficult questions ...
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    PROGRAM INFORMATIONThe headlines have alerted us to many of the deficiencies in the wave of foreclosure actions that followed the economic downturn and it has been six months since the lenders and servicers put the brakes on foreclosures in recognition of these problems, but are we any closer to grappling the difficult questions about the effect of these deficiencies on the ultimate long-term marketability of title to these foreclosed properties?This program will focus on the more thorny issues still facing the real estate market, including:
    • Deficiencies -- Lack of standing (by lender)
    • Deficiencies -- Lack of jurisdiction (over borrower)
    • Claims -- Fraud (on court and mortgagors)
    • Claims -- Relief from foreclosure judgment
    • Defenses -- Truth and harmless error
    • Defenses -- Estoppel and mootness
    • Remedies -- Money damages, rescission, nullification
    • Policy Considerations -- Balance between remedies and marketable title
    Moderator: Chris Smart Panelists: Andy Dogali, Alan Fields, and John Lynch

    Product Details

    Sponsors

    Section of Real Property, Trust and Estate Law

    Product Code

    5430568AUD

    Publication Date

    5/1/2011 12:00:00 AM

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