State Bar Offers Webinar On Loan Modification, Short Sales and Foreclosures On March 18, 2009

Share Article

The Litigation Section of the State Bar of California announces a live webinar entitled "Loan Modifications, Short Sales, Foreclosures - Do's and Don'ts for Attorneys and Real Estate Brokers." The webinar will take place at 12:15 p.m. Pacific Time, Wednesday March 18, 2009, and will be available for viewing on the internet after the live webinar.

Loan Modifications, Short Sales, Foreclosures - Do's and Don'ts

Attorneys, real estate brokers and financial professionals can learn about "Loan Modifications, Short Sales, Foreclosures - Do's and Don'ts" in a live webinar that will be offered Wednesday March 18, 2009. The 1.25-hour webinar starts at 12:15 p.m. Pacific Time.

This program's distinguished faculty includes Wayne S. Bell, Chief Counsel and Assistant Commissioner of the California Department of Real Estate.

The webinar is sponsored by the Litigation Section of the State Bar of California and offers 1.25 hours of total participatory MCLE credits, including .5 hours of credit for ethics. The webinar is a live audio and visual presentation with a knowledgeable faculty panel. Those who sign up can participate from a computer with an internet connection and a telephone. To register or for more information, visit the State Bar of California online catalog.

Participants in the webinar will learn about:

  • Department of Real Estate licensing requirements and exemptions - who can negotiate loan modifications?
  • Scope of the attorney exemption from the DRE licensing requirements-Business & Professions code sections 10133(a)(3) & 10133.1(a)(5).
  • DRE Advance Fee Requirements - essential elements of advance fee agreements and trust account requirements.
  • Attorney-Broker Arrangements - ethical rules, prohibitions and pitfalls, including fee sharing under State Bar Rule 1-320; unauthorized practice of law; failure to supervise; risks and restrictions concerning joint advertising; prohibition on referral fees; and conflicts of interests.
  • Mortgage Foreclosure Consultants Act, Civil Code section 2945, including "who is a mortgage foreclosure consultant and who is exempt?"; requirements and limitations for mortgage foreclosure consultants; and penalties for violation.
  • Home Equity Sales Act -- Civil Code section 1695.3, including procedural and substantive requirements for contracting with homeowner in foreclosure and prohibitions on unconscionable conduct.
  • Other Laws Pertaining to Loan Modifications and Foreclosures, including Civil Code section 2923.6 (effective July 8, 2008) [governing servicer's duties under Pooling Agreements]; Civil Code section 2923.5 [lender/trustee may not file notice of default until 30 days after contact is made with borrower to explore options to avoid foreclosure]; and SB 1737 (providing discipline for any real estate licensee who in connection with a short sale gives an inaccurate opinion of value in order to acquire a financial advantage).

About the Faculty

Wayne S. Bell, Chief Counsel and Assistant Commissioner for Legal Policy & Recoery, California Department of Real Estate. Mr. Bell is an advisor to the commissioner and is a member of the Commissioner's executive committee. Prior to his appointment at DRE in 2006, Mr. Bell worked in the Office of the General Counsel of the California Housing Finance Agency (CalHFA).

Michele L. McGill, Law Office of Michele L. McGill, San Francisco. Ms. McGill is an attorney engaged in the practice of real estate law as well as elder financial abuse and predatory lending matters. Ms. McGill has lectured on advance litigation techniques and remedies in real estate and elder financial abuse cases. Ms. McGill is Secretary of the San Francisco Bar Association Real Estate Section and is a member of the Executive Committee of the State Bar of California Litigation Section. She also serves as a judge pro tem for the San Francisco Superior Court as well as a mediator for the Bar Association of San Francisco.

Diane Karpman, Karpman & Associates, Los Angeles. Ms. Karpman, a former State Bar Court Referee, is an ethics expert who has counseled lawyers for two decades. She has lectured to state and local bar associations. She is a contributing editor for Bender's Attorney Ethics; coauthor of the California Lawyer's Guide to Professional Responsibility. She writes a monthly column called "Ethics Byte" for the Cal Bar Journal.

Mark A. Mellor, Mellor Law Firm, Riverside. Mr. Mellor is a real estate, construction and business litigation attorney who has a secondary law firm, California Mortgage Assistance Coalition, APLC, exclusively working on loan modifications. He is the past Chair and current advisor to the State Bar of California Litigation Section Executive Committee.

Fred Arnold. Mr. Arnold is President of the California Association of Mortgage Brokers and a mortgage broker with American Family Funding. In his capacity as President of CAMB, he has lectured real estate licensees regarding the Department of Real Estate rules and regulations concerning mortgage modification and short sales.

The price of the webinar is $68.75. After the live webcast, the webinar will be available for viewing through the State Bar of California on-line catalog.

# # #

Share article on social media or email:

View article via:

Pdf Print