CFLA Announces Securitization in Litigation & Quiet Title CLE ~ May 4, 2013 ~ Miami, FL

LOS ANGELES - April 24, 2013 - PRLog -- CFLA was founded by Attorneys for Attorneys to provide a low cost litigation support service on matters of expertise within the industry. CFLA is a full service litigation support company serving more than 10,000 Law Firms and Attorneys in all 50 States, with specially licensed Mortgage Backed Securities Analysis, training and support. CFLA has certified more than 1,000 Executive Professionals through its Nationally Recognized and Industry Acclaimed "Mortgage Securitization Auditor Training", practical application, classroom setting, by our industry leading experts.

Register online or phone 888-758-CFLA (2352): www.CertifiedForensicLoanAuditors.com

Location

Hilton Miami Downtown
1601 Biscayne Blvd
Miami, FL 33132
305-374-0000

Instructors

Chad Elrod
Education
South Texas College of Law, J.D. (2008)
The University of Houston, B.S. (2005)

Admissions
State Bar of Texas (2008)

Professional Affiliations
Houston Young Lawyers Association

Community Activities
Bridge to Eden, Non-Profit (Director)

Jeff Jackson
Education
South Texas College of Law, J.D. (2008)
The University of Texas at Austin, B.A. (2005)

Admissions
State Bar of Texas (2008)
U.S. District Court for the Southern District
of Texas (2009)

Professional Affiliations
Texas Young Lawyers Association

Community Activities
Responsible Urban Development for Houston

Class Schedule

The Fundamentals of Securitization
* What is securitization?
* History of Mortgage Securitization

The Securitization Parties and Their Roles
* Pooling and Servicing Agreements
* Originator-Bank that originated the loan
* Sponsor/Seller-middle bank bought note from originator and sold to depositor to package in the trust – most missed the closing date
* Depositor-Bank that sold the Note to the Investor
* Issuing Entity – The Trust: Closing Date, Lack of Standing, MERS
* Every Mortgage is supposed to be registered on this system
* Intended during the 1990’s to cut recording costs/fees for the banking industry; also helped hide chain of title from the public
* Approximately 65 million mortgages=Mers is beneficiary or nominee
* 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

Mortgage Securitization Audit
* 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 – Securities Fraud
* Shows the note has been paid off – answer to tender rule

Quiet Title
* What is Quiet Title?
* Steps to Quiet Title Litigation: Title Search – Public Record Search, Complaint for Quiet Title
* How to use audits in litigation
* Discovery Issues
* Settlement of Case or Judgment of Quiet Title
* Settlement: Principal Reduction, Interest Reduction, Credit Report – Paid as Agreed, No 1099 in Settlement
* Judgment of Quiet Title: Free and Clear Property, Unsecured Note, Asset Protection
* Summarize, Acknowledgements and Conclusions

The Securitization Parties and Their Roles

Florida Quiet Title Law in the Foreclosure Defense Context

Nature and Purpose of Relief

Mortgage Lien Validity as a Cloud on Title

Practice and Procedure
* Jurisdiction
* Limitation
* Parties
* Pleading
* Judgments
* Answers and Counterclaims
* Burden of Proof and Trial

Post Foreclosure Sale Relief (Wrongful Foreclosure)

Florida Case Studies: Proper Pleading of Quiet Title in Mortgage Context

Assignee's/Transferee's Standing to Foreclose
* Standing Generally
* Negotiable Instruments (UCC Art. III)
* Assignments vs. Transfers
* Mortgage Assignments (State Law)
* Contents
* Proper Effection
* UCC Art. III Transfers (UCC and State Law)
* Pre-Requisites of a Negotiable Instrument
* Pre-Requisites of a Transfer
* Holder Status vs. Holder in Due Course Status

Florida Case Studies: Standing to Foreclose

Basics of a Homeowner Workout
* Reinstatement
* Bankruptcy
* Deed in Lieu of Foreclosure    
* Modification
* Short Sale