Legislature Passes Comprehensive Foreclosure Legislation
Free Training available: Representing Home Owners at Mandatory Settlement Conferences

November 18, 2009

Author: Jerry Wein

Dear Bar and Pro Bono Leaders,

Responding to the still rising foreclosure crisis, this week the New York Legislature passed new legislation providing further protections to homeowners.  Included in the bill is a provision expanding the scope of the mandatory settlement conferences to include borrowers of all home loans and not just borrowers with subprime and nontraditional loans.  The Governor is expected to sign the bill shortly.  Other provisions were added including tenant protections and modifications affecting lawyers regarding our “distressed property consultant” law.

During the past year, the New York State Subprime Foreclosure Prevention Services program, administered by the NYS Division of Housing and Community Renewal, has provided free training to lawyers on the mandatory settlement conference procedure.  I am happy to report that these trainings will continue in 2010 and will include information on the new legislation.  The training will once again be coordinated by Empire Justice Center, a certified continuing legal education provider. 

Empire Justice is partnering with the New York State Bar Association to provide this training in order to ensure that homeowners in foreclosure have skilled legal representation available to them at mandated settlement conferences.  Your bar association or pro bono program can co-sponsor and “host” the training program.  As host, you will work with Empire Justice staff to identify a training site, assist in publicizing the training to your membership, and coordinate site logistics on the day of the training delivery.  Empire Justice Center will provide skilled trainers and materials targeted to your location, and handle registration and administration of the CLE credits.  There is no cost to your organization or participants. 

The training includes a hands-on guide to the settlement conferences, an overview of the foreclosure process and sub-prime loans, recent changes in the law and emerging federal programs, legal claims, and defenses, as well as sample forms (see sample agenda attached to this letter). The lead trainer for this program, Kirsten Keefe, Esq., is a senior staff attorney in the Consumer, Housing, and Community Development unit of the Empire Justice Center.  She and the other trainers working with her have extensive experience related to predatory and subprime mortgage lending and related consumer issues. 

Please contact me if you think this training will be helpful to lawyers in your community or if you need additional information.  Your Bar Association is eligible to host the training even if you have hosted a similar program in the past.

Sincerely,

Jerry Wein
Director of Training
(585) 295-5721

Representing Homeowners at Mandatory Settlement Conferences

Sample 4 CLE Credit Agenda*

9:00a.m. to 9:45a.m. Welcome, Introductions 

Overview of the Sub-prime Lending Problem and Securitization

9:45a.m. to 10:30a.m. The New York State Foreclosure Process including 2009 NYS Foreclosure Prevention Legislation and Settlement Conference Procedures

10:30a.m to 10:45a.m.  Break

10:45a.m. to 11:45a.m. Federal and State Law Claims and Defenses

11:45a.m. to 12:30p.m. Role of Housing Counselors and Loss Mitigation

12:30p.m. to 1:00p.m.  Considerations for Settlements; Loan Modification Workout Options

* A 3 credit program is also available