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Overview
Including Key Forms and Checklists
This course provides a detailed, step-by-step analysis of the foreclosure process from initial default through post-sale considerations. Designed for attorneys seeking a thorough understanding of foreclosure law and procedure, this course will cover key legal concepts, practical strategies, and potential pitfalls. Come away with valuable insights into navigating both judicial and non-judicial foreclosures, understanding borrower rights and remedies, and effectively representing clients at any stage of the process. Get the tools necessary to confidently handle foreclosure matters. Register today!
- Identify key documents and information needed at the initial client intake.
- Understand the pre-foreclosure requirements and loss mitigation options.
- Navigate the procedural steps involved in a judicial foreclosure lawsuit.
- Explain the requirements and potential challenges in a non-judicial foreclosure.
- Describe the process and legal considerations involved in a foreclosure sale.
- Analyze post-foreclosure issues such as eviction, redemption, and deficiency judgments.
- Stay informed about recent developments and case law in foreclosure.
Abbreviated Agenda
- Client Intake and Pre-Foreclosure Stage
- Foreclosure Defenses: From Lender and Borrower Perspectives
- Judicial Foreclosure: The Litigation Process
- Non-Judicial Foreclosure: The Power of Sale
- The Foreclosure Sale
- Post-Foreclosure Issues
- Tax Consequences of Foreclosure
- Legal Ethics Guidance in Foreclosure Process
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| California MCLE Paralegal |
|
6 Total | 11-04-2027 |
| Alaska CLE |
|
6 Total | 11-04-2027 |
| Alabama CLE |
|
6 Total | 12-31-2025 |
| Arkansas CLE |
|
6 Total | 06-30-2026 |
| Arizona CLE |
|
6 Total | 11-04-2027 |
| California CLE |
|
6 Total | 11-04-2027 |
| Colorado CLE |
|
7 Total | 12-31-2027 |
| Connecticut CLE |
|
6 Total | 11-04-2027 |
| Delaware CLE |
|
6 Total | 11-04-2027 |
| Florida CLE |
|
7 Total | 05-31-2027 |
| Georgia CLE |
|
6 Total | 12-31-2025 |
| Hawaii CLE |
|
6 Total | 11-04-2027 |
| Iowa CLE |
|
6 Total | 11-04-2026 |
| Idaho CLE |
|
6 Total | 11-04-2030 |
| Illinois CLE |
|
6 Total | 11-03-2027 |
| Indiana CLE |
|
6 Total | 11-04-2026 |
| Kansas CLE |
|
7 Total | 11-03-2026 |
| Kentucky CLE |
|
6 Total | 06-30-2026 |
| Louisiana CLE |
|
6 Total | 11-04-2026 |
| Maine CLE |
|
6 Total | 11-03-2027 |
| Minnesota CLE |
|
6 Total | 11-04-2027 |
| Missouri CLE |
|
6 Total | 11-04-2027 |
| Northern Mariana Islands CLE |
|
6 Total | 11-04-2027 |
| Mississippi CLE |
|
6 Total | 07-31-2026 |
| Montana CLE |
|
6 Total | 11-04-2028 |
| North Carolina CLE |
|
6 Total | 02-28-2026 |
| North Dakota CLE |
|
6 Total | 11-04-2028 |
| Nebraska CLE |
|
6 Total | 11-04-2027 |
| New Hampshire CLE |
|
6 Total | 11-04-2028 |
| New Jersey CLE |
|
7.2 Total | 07-22-2026 |
| New Mexico CLE |
|
6 Total | 11-04-2027 |
| Nevada CLE |
|
6 Total | 11-04-2028 |
| New York CLE |
|
7 Total | 11-04-2028 |
| Ohio CLE |
|
6 Total | 12-31-2025 |
| Oklahoma CLE |
|
7 Total | 11-04-2027 |
| Oregon CLE |
|
6 Total | 11-04-2028 |
| Pennsylvania CLE |
|
6 Total | 11-04-2027 |
| Rhode Island CLE |
|
6 Total | 06-30-2026 |
| South Carolina CLE |
|
6 Total | 12-31-2025 |
| Tennessee CLE |
|
6 Total | 11-03-2027 |
| Texas CLE |
|
6 Total | 10-31-2026 |
| Utah CLE |
|
6 Total | 12-31-2026 |
| Virginia CLE |
|
6 Total | 10-31-2026 |
| Vermont CLE |
|
6 Total | 11-04-2027 |
| Washington CLE |
|
6 Total | 11-03-2030 |
| Wisconsin CLE |
|
7 Total | 12-31-2026 |
| West Virginia CLE |
|
7.2 Total | 11-04-2027 |
| Wyoming CLE |
|
6 Total | 07-24-2026 |
| Delaware Certified Paralegal Program |
|
6 Total | 11-04-2026 |
| Florida Registered Paralegal |
|
6 Total | 05-31-2027 |
| Indiana Paralegal CLE |
|
6 Total | 11-04-2026 |
| Montana CLE Credit for Paralegals |
|
6 Total | 11-04-2027 |
| North Carolina Continuing Paralegal Education |
|
6 Total | 02-28-2026 |
| New Mexico Paralegal Division, State Bar of |
|
6 Total | 11-04-2027 |
| Ohio Certified Paralegals |
|
6 Total | 11-04-2026 |
| NFPA |
|
0 Total | 11-04-2026 |
| Texas State Bar of Paralegal Division |
|
6 Total | 11-04-2027 |
Select Jurisdiction
CLE
Paralegal
Agenda
-
Client Intake and Pre-Foreclosure Stage
- Reviewing the Loan Documents: Note, Mortgage/Deed of Trust
- Identifying Potential Issues Early On: Title Defects, Servicing Errors
- Notice of Default and Demand Letters: Requirements and Timing
- Loss Mitigation Options: Negotiation, Loan Modification, Forbearance
- Alternatives to Foreclosure: Short Sale, Deed in Lieu of Foreclosure
- Borrower Communication
- Understanding the Role of HUD and Other Agencies
-
Foreclosure Defenses: From Lender and Borrower Perspectives
- Standing
- Unclean Hands
- Truth in Lending Act
- RESPA Violations
- Other Defenses
-
Judicial Foreclosure: The Litigation Process
- Filing the Complaint and Service of Process
- Borrower's Response
- Motion Practice
- Discovery
- The Role of Mediation and Settlement Conferences
- Lessons From Recent Case Law
-
Non-Judicial Foreclosure: The Power of Sale
- Understanding the Deed of Trust and Power of Sale Clause
- Notice of Sale Requirements
- Trustee's Role and Responsibilities
- Borrowers' Options to Stop Non-Judicial Foreclosure
- Potential Legal Challenges
-
The Foreclosure Sale
- Conducting the Sale: Procedures and Requirements
- Bidding Process and Third-Party Bidding
- Setting Aside the Sale: Grounds and Procedures
- Post-Sale Reporting and Documentation
-
Post-Foreclosure Issues
- Eviction Procedures: Obtaining Possession of the Property
- Redemption Rights: Statutory Periods and Procedures
- Deficiency Judgments: Availability and Limitations
- Surplus Funds and Distribution
-
Tax Consequences of Foreclosure
- IRS Reporting Requirements for Lender Losses
- Treatment of Debt: Ordinary Income vs. Long-Term Capital Gain
- The Mortgage Forgiveness Debt Relief Act
- For Investor Owners of Residential and Commercial Property
- Cancellation of Debt Income and Form 1099-C
-
Legal Ethics Guidance in Foreclosure Process
- Conflicts of Interest
- Confidentiality
- Competence
- Fairness
Who Should Attend
This legal guide is designed for attorneys. Lenders, servicers, real estate professionals, and paralegals will also benefit.
Speakers
Speaker bio
Patrick O. Lacsina
is the principal of Patrick O. Lacsina Law Offices, LLC. He concentrates his practice on creditors' rights, commercial and residential foreclosure litigation, evictions, real estate transactions, collections, and bankruptcy litigation. Prior to starting Patrick O. Lacsina Law Offices, LLC, Mr. Lacsina represented major financial institutions as the managing attorney at one of New Jersey's largest default services law firms. He earned his J.D. degree from Rutgers Law School-Newark and his bachelor's degree in information systems from the New Jersey Institute of Technology. Mr. Lacsina is licensed to practice in New Jersey and California.
Speaker bio
Charles R. Gallagher, III
is a managing partner with Gallagher & Associates Law Firm, P.A., where his current practice focuses on insurance litigation, foreclosure defense, real estate litigation, and consumer law. Mr. Gallagher is a member of The Florida Bar, St. Petersburg Bar Association and American Bar Association. He is currently the vice-chair of the Programs Board of the American Bar Association's Solo, Small Firm and General Practice Division. Mr. Gallagher is currently admitted to practice before all courts in Florida; as well as the U.S. Court of Appeals, Eleventh Circuit; U.S. Supreme Court; U.S. District Court, Middle and Northern districts of Florida; and U.S. Tax Court. He graduated from Rollins College in Winter Park, Florida with a degree in politics and earned his J.D. degree from Stetson University College of Law.
Speaker bio
Robert C. Meyer
is a sole practitioner in Miami, where he focuses his practice in the areas of commercial litigation, bankruptcy, and taxation. A former adjunct professor teaching bankruptcy taxation in the LL.M. taxation program at the University of Miami Law School, he has written and co-written a number of publications, including "Accelerated Payment in Chapter 13 = Modification," The Florida Bar Journal, Nov. 2011, Vol 85, No. 9; "Bankruptcy Service of Process is Complex and Confusing," NABTalk, Fall 2012, Volume 28, No. 3; and "Divorce Issues in Bankruptcy Often Make Handling Divorce Matters Advantageous," ABI Committee News (Consumer Bankruptcy Committee), February 2017. Mr. Meyer earned his B.A. degree from Grinnell College and his J.D. and LL.M. degrees from the University of Miami. He is a member of the Coral Gables, Miami-Dade County, and American bar associations; The Florida Bar (member, sections on Business and Tax); Association of Trial Lawyers of America; Bankruptcy Bar Association for the Southern District of Florida; National Association of Bankruptcy Trustees; National Association of Consumer Bankruptcy Attorneys; and American Bankruptcy Institute.
Speaker bio
Trev E. Peterson
is a partner with Knudsen Law Firm. He has more than 40 years of experience in the commercial and real estate lending, real estate, bankruptcy, foreclosure, and commercial litigation practice areas. Mr. Peterson has represented lenders in cases under Chapters 7, 11, 12, and 13 of the bankruptcy code. He is a frequent speaker at seminars involving lending, bankruptcy and foreclosure. Mr. Peterson is a member of the American, Nebraska State, and Lincoln bar associations; and the American Bankruptcy Institute. He is a fellow in the American College of Real Estate Lawyers and Litigation Counsel of America, as well as a past president of the Banking Law Section and Bankruptcy Section of the Nebraska State Bar Association. Mr. Peterson earned his B.A. degree from the University of Nebraska-Lincoln and his J.D. degree from the University of Nebraska College of Law.
Speaker bio
Kevin J. Dunlevy
is an attorney at LeVander Gillen & Miller P.A., where he practices in real estate and creditors' remedies. He is a real property law specialist certified by the Minnesota State Bar Association. Mr. Dunlevy is experienced in real estate litigation, transactions, foreclosures, evictions, and other creditors' remedies. He is a frequent presenter at seminars for attorneys, title companies, realtors and lenders, and has written numerous articles and publications for professional and trade groups. Mr. Dunlevy is a member of the Hennepin County, Minnesota State and American bar associations, as well as the State Bar Association of North Dakota and the State Bar of Wisconsin. He co-chairs the Legislative Committee of the Real Property Section of the Minnesota State Bar Association, and is the past chair of the Title Insurance Litigation Committee of the American Bar Association's Torts and Insurance Practice Section. Mr. Dunlevy recently taught real estate law to lawyers and law students in Ukraine, including real estate and mortgage fraud. He earned his B.A. degree, cum laude, and his J.D. degree from the University of North Dakota.
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