Current Trends in Contested Foreclosure Litigation: Overview of regulated conduct, practical implications, and best practices and procedures to contain litigation risks

Walter Buzzetta | Stradley Ronon Stevens & Young LLP

Walter Buzzetta concentrates his practice on consumer lending and financial services litigation, with a primary focus on claims against financial services companies, including claims under the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), as well as class action, civil RICO, deceptive trade practices, fraud and antitrust challenges. He is experienced in counseling financial services companies on strategic planning, risk assessment, regulatory compliance and dispute resolution. Walter also represents clients in resolving contested lien priorities, chain of title issues and title insurance disputes.

Prior to joining Stradley Ronon, Walter was senior counsel at MERSCORP Holdings, Inc., where he focused on financial services, mortgage and lending litigation and regulatory compliance. At MERSCORP Holdings, he litigated disputes on behalf of Mortgage Electronic Registration Systems and the nation’s largest mortgage lenders and servicers nationwide, including directing numerous successful appeals to U.S. Circuit Courts and State Supreme Courts.

Walter also has extensive experience in representing institutions in reinsurance and insurance coverage actions in both court and arbitration. Walter has experience litigating coverage disputes involving property & casualty, asbestos, silica, mass tort, environmental pollution, health care, commercial accident and products liability. This experience includes litigating number of occurrences, exclusionary provisions, documentation requirements, allocation, notice, intermediary roles, underwriting intent, misrepresentation, material nondisclosure and rescission.

Eric Hurwitz | Stradley Ronon Stevens & Young LLP

Eric Hurwitz co-chairs the financial services litigation practice at Stradley Ronon. Eric focuses his litigation practice on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product. He has extensive experience defending both single plaintiff and class action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies and other financial services institutions. These include claims under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA), as well as state unfair trade practices laws. Eric also defends insurers in coverage disputes, including property casualty, flood, disability and life insurance claims, as well as payment and performance bond claims.

Eric represents clients in resolving title insurance disputes, contested lien priorities, and bankruptcy-related claims including alleged stay and discharge violations. He also defends banks from claims involving converted, forged and altered checks under the Uniform Commercial Code, as well as claims under the Electronic Funds Transfer Act.

I. Common contested foreclosure challenges and defenses | 12:00pm – 12:30pm

II. How foreclosures increase exposure for FDCPA, FCRA, RESPA and CFPB Mortgage Servicing Rule claims | 12:30pm – 1:00pm

Break | 1:00pm – 1:10pm

III. Current trends in foreclosure, FDCPA, FRCA and RESPA litigation | 1:10pm – 1:40pm

IV. Current issues in loan modifications and loss mitigation | 1:40pm – 2:10pm