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.Learning Objectives
- You will be able to identify the key stages of the life of the loan where lender liability may arise.
- You will be able to describe the primary theories of lender liability.
- You will be able to discuss the reasons why a protocol agreement should be considered in the negotiation stage of a loan and during the default stage of a loan.
- You will be able to explain how lender liability may be reduced or released in a manner that is beneficial to the borrower and the lender.
Live Webinar Registration
AK CLE 1.0: Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program.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 State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. 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: The provider 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).
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.
MN CLE 1.0 (Pending): This program has been submitted to the Minnesota Board of Continuing Legal Education. Approval pending.
MO CLE 1.3 (Pending): NH MCLE 1.0: NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. The provider believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 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.
OH CLE 1.25 (Pending): This course has been submitted to the Supreme Court of Ohio Commission on Continuing Legal Education for 1.25 CLE hours. Approval pending.
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.
RI CLE 1.0: This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
VT CLE 1.0: This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hours of CLE credit.
WI CLE 1.0: This program has been approved by the Board of Bar Examiners for 1.0 hours for use toward the Wisconsin Mandatory CLE requirement.
WV MCLE 1.3: This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
CPE 1.2 including Specialized Knowledge 1.2: The provider is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. CPE Credit: Maximum Credit Hours: 1.2 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Specialized Knowledge for 1.2 hours. Prerequisite: basic knowledge of the banking industry. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board.
Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
OnDemand Course
This course was last revised on August 27, 2019.Who should attend?
This live webinar is designed for attorneys, presidents, vice presidents, branch managers, loan officers, loan department personnel, credit and collection managers, controllers, directors, accountants, and real estate professionals.Faculty
Jason E. GoldsteinShareholder 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
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
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
