CA ATTORNEY CLE 6 HR’S*

“Mortgage Securitization
In Litigation.”

CLE Credited Course

6 Credits for CA Licensed Attorney’s

September 10th, 2011
From 9:00 a.m. until 5:00 p.m.

SPONSORED BY:

CERTIFIED FORENSIC LOAN AUDITORS, LLC

13101 West Washington Blvd., Suite 140
Los Angeles, CA 90066;
Phone:      310-432-6304
Facsimile: 310-432-6303

www.certifiedforensicloanauditors.com

info@certifiedforensicloanauditors.com

“The Nation’s Leading Experts on Mortgage Securitization Research & Training.”

http://www.certifiedforensicloanauditors.com/2.6_seminars.html

NON ATTORNEYS ARE ALSO WELCOME TO ATTEND!!

Download the PDF for more details>

* CA Application pending credit, has been approved in other states

SEMINAR LOCATION
Sheraton Los Angeles Downtown Hotel
711 South Hope Street
Los Angeles, CA 90017

SEMINAR SPEAKERS

PATRICIA RODRIGUEZ, Esq.
Law Offices of Patricia Rodriguez

Member of the State Bar of California
Admitted in Central, Northern and Eastern Federal District Courts of California
Temple University Law School - J.D.
Temple University Law School - Law Program in Japan
University of Southern California (USC) - B.S. in Business 

Ms. Rodriguez obtained her Juris Doctor from Temple University.  While there, she participated in their National Trial Team and received exceptional advocacy training from one of the best law school programs in the country. Ms. Rodriguez previously worked for the Camden Public Defenders Office, the Philadelphia Public Defenders Office, the Los Angeles District Attorney’s Office and the Los Angeles Public Defenders Office. She currently runs her own boutique law firm in Los Angeles County specializing in Criminal Defense, Foreclosure Defense, and Bankruptcy Law.

TIMOTHY LYONS O’REILLY, Esq.
Admitted to the State Bar of California in 1990. Certified as a Mortgage Securitization Auditor through the CFLA class in 2011. Practice Area(s): Administrative Law, Appellate Practice, Business Law, Contracts, Corporate Law, Criminal Law, Litigation, Personal Injury, Real Estate, Trusts & Estates, Wills & Probate, White Collar Crime.

“Mortgage Securitization In Litigation”

Agenda – 09/10/2011
7:30-8:00: Registration
8:00-8:15: Introduction
8:15-9:15: Pre-Litigation (Including Experts – CFLA)
9:15-10:15: Litigation  
10:15-10:30: Break
10:30-12:00: Non-Judicial Foreclosure
12:00-1:30: Lunch
1:30-2:30: Litigation II
2:30-3:00: Protecting Tenants at Foreclosure Act
3:00-3:30: Ethics/Fee Agreement
3:30-4:00: Bankruptcy/Credit Repair/Debt Settlement
4:00-4:45: Q & A Session
4:45-5:00: Closing Remarks

TABLE OF CONTENTS

1. Pre-Litigation
   1. Loan Originators
   2. Experts – Forensic/Securitization Audit
2. Litigation
   1. Securitization
   2. Bloomberg Level Three Audit
   3. Defendants
   4. Fraud
   5. Waiver
   6. Intentional Infliction of Emotional Distress
3. Non-Judicial Foreclosure (CA)
   1. Notice of Default
   2. Notice of Trustee Sale
   3. Trustee Sale Date
4. Litigation – Ownership/Title – CA
5. Litigation – Possession/Unlawful Detainer – CA
6. Protecting Tenants At Foreclosure Act
7. Ethics
8. Fee Agreement
9. Bankruptcy/Credit Repair

SYLLABUS

1. Pre-Litigation
   1. Loan Originators
      1. See Redacted Hybrid Audit
   2. Securitization Audit Experts
      1. See Redacted Hybrid Audit
2. Litigation
   1. Securitization
      1. Mortgage Backed Bonds – bonds are not created equal
      2. Table Funding – illegal for a bank to NOT use its own money
      3. Originator – bank that originated the loan
      4. Sponsor/Seller – middle bank bought note from originator and sold it to depositor to package in the trust – most missed the closing date
      5. Depositor – bank that sold the Note to the investor
      6. Lack of Standing
         1. Injury – each time the note was illegal sold the equity in the home significantly decreased
         2. MERS – Mortgage Electronic Registry
            1. Every mortgage is supposed to registered on this system
            2. Intended during the 1990s to cut  recording costs/fees for the banking industry; also helped hide chain of title from the public
            3. Approximately 65 million mortgages MERS is beneficiary or nominee
         3. Each time the NOTE was transferred by law there was supposed to be a duly signed assignment (from Originator to Sponsor/Seller to Depositor); this did not occur in most cases.
      7. Current Law
         1. Ibanez – Massachusetts (View Oral Arguments)
         2. Phyllis – AL – Summary Judgment – Breach of Contract 3rd Party Beneficiary
         3. In re Doble (2011) WL 1465559 (Bkrtcy.S.D.Cal.)
         4. Bank of New York v. Silverberg, 2011 NY Slip Op 5002, 6.
         5. In Re Jessie M. Arizmendi, 09-19263-PB13, United States Bankruptcy Court, Southern District of California, 2011
         6. Aguilar v, III v. Bear Sterans Resid. MTG., et. al.,
         7. Kanno v. First Liberty Mortgage, Superior Court of California, County of Riverside, Case Number 539556, 2010
         8. O’Dell v. Washington Mutual Bank FA et. al., United States Central District Court of California, CV 10-09195 GAF (PLAx), 2011
         9. Javaheri v. JP Morgan Chase Bank, N.A., et. al. , United States Central District Court of California, CV 10-09195 GAF (PLAx), 2011
         10. SB1259 – AZ statute requiring log of assignments – Passed House/Not Senate
         11. Nevada & Hawaii Statutes requiring assignment logs
   2. Bloomberg Level Three Audit – See Redacted Bloomberg Audit
      1.  
         1. Shows exactly how many times the note has been sold and into which trust (classes); in some instances the note has been sold multiple times as if it was the first time the Note was sold – CLEAR SECURITIES FRAUD
         2. Shows the note has been paid off – answer to tender rule
   3. Defendants – Originator, Servicer, Trustee of Securitized Trust; Foreclosure Trustee (if applicable) and MERS (if applicable)
3. Fraud
   1. Violations of Business & Professions Code §17200 Unfair and Deceptive Acts and Practices (UDAP) [Fraudulently Procured Documents];
      1. Robosigners – individuals who signed on behalf of companies they don’t work for, never had any agency relationship, nor were they attorney-in-fact; many of these individuals have admitted publicly in deposition or otherwise that he/she signed 1000s of documents without knowing what the document was, who they were signing on behalf, etc.
      2. Substitution of Trustees, Corporate Assignments, and Assignments are red flags for transfer problems
   2. Violation of UDAP [Fairness Doctrine]
4. Waiver
   1. Contractual issue – bank has told HO to stop making payments to be considered for a modification; thus, the bank has waived any right to enforcement of the terms of the contract under the note; it gave that right up to enforce the contract by telling the home owner to stop making payments; homeowner relied on that waiver, stopped making payments for a modification, is denied modification, - bank cannot then come back and state it is entitled to enforce the payments
5. Intentional Infliction of Emotional Distress
   1. Outrageous Behavior
   2. Injury
6. Non-Judicial Foreclosure (CA)
   1. Notice of Default – Bank is giving the Homeowner notice that according to the Bank HO owes the bank and hasn’t paid
   2. Notice of Trustee Sale – This is notice to the HO the bank is electing to sale the property under the allege authority of the Deed of Trust
   3. Trustee Sale Date – date the bank sales the house
   4. California Civil Procedure 2932.5
7. Litigation – Ownership/Title – CA
   1. Complaint – See Redacted Markham Complaint
      1. Upon belief - Plaintiffs allege
      2. Summons; Civil Case Cover Sheet; Attachments; Complaint; Complaint Signature Page; Exhibits 
      3. Filing/Serving Defendants – Jurisdiction Specific
   2. Temporary Restraining Orders/Preliminary Injunctions
      1. Bonds
   3. Lis Pendens - two page document which attaches the lawsuit over title to the property; thus when its sold at a trustee sale date no one but the bank will buy the lawsuit – bank must buy it back
   4. Answer
      1. Defendant has 30 days to Answer – unless Trustee files objection to non-monetary status – if Plaintiff objects – Defendant is given 30 days from proof of service of objection to non-monetary status 
      2. Three choices: Admit, Deny, Demur (motion to dismiss in federal court)
   5. Demur Hearing
   6. Case Management Conference – CMC
      1. Case Management Conference Statement
   7. Trial Set – 6 months out from 
   8. Discovery
      1. Form Interrogatories
      2. Special Interrogatories
      3. Request for Documents
      4. Depositions
   9. Trial – 4 to 5 Days
   10. Tender Rule
8. Litigation – Possession/Unlawful Detainer – CA
   1. Temporary Restraining Order – temporary stop to the sell of the house
   2. Preliminary Injunction – permanent restraint from selling the house the entire duration of the litigation
   3. Unlawful detainer action
      1. Complaint
         1. Three elements: proper notice; still in possession; plaintiff has right to possess
      2. Answer – 5 days for homeowner; 10 days for renter
      3. Motion to consolidate with matter involving Title
      4. If judgment entered – motion to stay judgment until after Title matter decided – irreparable harm (for actually homeowner residing on premises)
      5. Not granted – must appeal BC by law MUST be granted
9. Protecting Tenants At Foreclosure Act
   1. Include Act
   2. Research Synopsis – Date Last Updated
      1. Plain Language
      2. Legislature’s Intent
      3. Pending Litigation
         1. THIS FIRMS CASES – Answers based on PTFA – in pleadings
      4. Ethics
         1. Conflict of Interest – Representation of Homeowner/Renter
   3. Fwd Email from Norberto – Emergency Statute
   4. Lease can be purchased through third party company
   5. Federal Emergency Statute – Federal Question – Federal Jurisdiction
10. Ethics
    1. Federal Trade Commission For Consumers 
       1. Mortgage Assistance Relief Scams: Another Potential Stress for Homeowners in Distress
    2. Spring 2009 California State Bar Association Ethics Hotliner
    3. CA Senate Bill 94 – Foreclosure Consultants
    4. No Fee Splitting; No Unauthorized Practice of Law – Non-lawyers; Client Communications
11. Fee Agreement
    1. Monthly Flat-Fee; Contingency; Reasonable/Conscionable; Disclosure: No Guarantee
12. Bankruptcy/Credit Repair

Download the PDF for more details>

TESTIMONIALS FROM OTHER CFLA EVENTS

“This course was the missing link in putting together all the knowledge I’ve already been accumulating, but was not able to assimilate into a prosecutable document for submission which an attorney can use in litigation. Thanks!”
Warren D. Goldstein

“This is a course that every American citizen can use to fight back against Wall Street and the banks to keep or receive compensation for the mortgage fraud committed on 85% of loan originated between 2001-2008. Liz and Art are a God send!”
Brandon Coleman

“Personally, the course is an enhancement because I’m already particular with about 95% of it. Although, I notice there are beginners in the class and I highly recommend the course and its instructors combined because I saw and noticed how these beginners were able to comprehend and able to finish their homework and finals on the 3rd day. The other 25% of the course was my “core” information to enhance my knowledge and the course & instructors made me achieve what I expected to learn. Thanks!”
Eddie Peregrino

“Excellent information! The tracking of assignments, very thorough. Instructors’ knowledge of these securitization processes are very strong. CFLA’s commitment is very strong to students and to excellence.”
Carl L. Williams

“Although I have prior experience of 20 years of Mortgage Banking and Real Estate, this class has given me a comprehensive edge over the average attorney and ultimate foreclosure defense! Thank you for taking me to the top.”
Kartika Kelley

“I really enjoy the class. I met a lot of professional’s and made strong connections. I feel fortunate to come across this class, from my classmate. I would recommend this class to anyone moving forward.”
Wook Chung

“This was an amazing seminar that gave me the knowledge to help Homeowner’s to fight for their Right’s against greedy banker’s and mortgage companies.”
Saul Golan

“Had a great time with the class and instructor’s, class was informative and I would recommend it to anyone who wants to learn more about Mortgage Securitization’’
Ellen Russell