Successors in Interest Cases 2024 - TL

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What happens when a borrower dies or a home is transferred through divorce, transferring the home to an owner who is not the original borrower? A ripple effect of the Great Recession of 2009 is a large population of borrowers with refinanced and extended-term mortgage loans that will remain unsatisfied until late in their lives. How can attorneys help their clients protect home equity and retain possession of a home subject to a mortgage that has gone into arrears following death or divorce? This webinar will be taught at an intermediate level. Prior knowledge of RESPA mortgage-servicing regulations and a familiarity with your state wrongful-foreclosure and probate laws is highly desirable.

What You Will Learn
•    What legal protections exist for successors in interest after death or divorce who want to prevent foreclosure, continue to pay the mortgage, or pursue mortgage-assistance options have traditionally been limited
•    What regulations the CFPB has enacted under RESPA that now provide more opportunities to try to save the old homestead and preserve painstakingly preserved equity
•    How to take advantage of limited bankruptcy options.

Richard S. Alembik

Principal

Law Offices of Richard S. Alembik, PC

Rick Alembik is the Principal at the Law Offices of Richard S. Alembik, PC, in Decatur, GA. Since 1991, he has focused his practice on real estate-related and commercial litigation. Rick has been recognized as a “leading authority on foreclosure defense,” and an “advocate for victims of wrongful foreclosure.” He has first-chaired more than seventy jury trials and arbitration proceedings in state and federal courts and arbitration forums. Rick earned his J.D. degree from the University of Georgia School of Law, where he served as the Executive Editor of the Georgia Journal of International and Comparative Law. He has made numerous TV appearances as a legal commentator, and he has provided consultation on state legislation to Georgia legislators and study groups. He is admitted to practice before all trial and appellate courts of the State of Georgia, the U.S. Supreme Court, the U.S. Court of Appeals for the Eleventh Judicial Circuit, and all three U.S. District Courts in Georgia. Rick is also an active member of the National Association of Consumer Advocates, Lawyers Club of Atlanta, and the Real Estate Section of the State Bar of Georgia.

Sarah Mancini

Sarah Bolling Mancini is Co-Director of Advocacy at the National Consumer Law Center focusing on foreclosures, mortgage lending, and credit reporting issues. Sarah previously worked in the Home Defense Program of Atlanta Legal Aid, and has represented homeowners in litigation in state, federal district, and bankruptcy courts. She also clerked for the Honorable Amy Totenberg, U.S. District Court for the Northern District of Georgia. Sarah is a member of the Georgia Bar. She received her B.A. in public policy from Princeton University and her J.D. from Harvard Law School.