Foreclosure Strategies for Creditors’ Rights Attorneys: Borrower Death Impacts, Case Prep, and Heir Location Tactics

Charles H. Jeanfreau | Stradley Ronon Stevens & Young, LLP

Charles Jeanfreau is a counsel in the New York office of Stradley, Ronon. Charles is a graduate of the University of Michigan and New York University School of Law.

Charles represents mortgage servicers and investors in clients in all stages of contested foreclosure litigation, quiet title actions and related litigation in New York and New Jersey, as well as defending clients in litigation involving the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA) and the Fair Credit Reporting Act (FCRA).

Sherri Smith | Stradley Ronon Stevens & Young, LLP

Sherri Smith focuses her practice on real estate litigation and bankruptcy matters. She defends claims brought by borrowers under the Truth in Lending Act, the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), Pennsylvania’s Fair Credit Extension Uniformity Act, Pennsylvania’s Unfair Trade Practices and Consumer Protection Law and the New Jersey Consumer Fraud Act. She also routinely handles foreclosure litigation and Chapter 7, 11 and 13 bankruptcy cases.

Prior to joining Stradley Ronon, Sherri was the managing attorney at a boutique real estate and foreclosure law firm, handling matters in New Jersey, Pennsylvania, New York and Florida.

I. Understanding the impact of a borrower’s death on foreclosure | 2:00pm – 2:20pm

• The legal implications of a borrower’s death on mortgage agreements
• The role of the probate process in determining heirs and property rights
• Key differences in state laws regarding deceased borrowers and foreclosure

II. Preparing a foreclosure case for filing | 2:20pm – 2:40pm

• Necessary documentation and evidence for initiating a foreclosure case
• Special requirements for cases involving deceased borrowers
• Procedural steps and timelines in the judicial foreclosure process

III. Identifying and locating proper parties | 2:40pm – 3:00pm

• Strategies for identifying heirs and beneficiaries
• Tools and resources for locating heirs (public records, social media, genealogical research)
• Importance of due diligence in ensuring all interested parties are identified

Break | 3:00pm – 3:10pm

IV. Navigating the foreclosure process with deceased borrowers | 3:10pm – 3:40pm

• Step-by-step guidance on filing a foreclosure case with a deceased borrower
• Post-filing issues when notified of a deceased borrower after the case is filed
• Best practices for communicating with heirs and managing expectations
• Addressing potential challenges and objections from heirs

V. Miscellaneous issues | 3:40pm – 4:10pm

• Litigation/Settlement issues (including loss mitigation)
• Inheritance and estate tax issues
• Guardian ad litem appointments
• Public administrators
• Foreclosure mediation/Conciliation
• Bankruptcy issues