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Subprime fall out what has happened-what is likely to happen. Is the worst over or yet to come? |
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Regulatory responses to subprime and non-conventional loans |
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New DRE disclosure requirements for mortgage brokers in California (10 CCR 2842). |
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SB 385: This bill, signed by the Governor’s and effective Jan. 1, 2008, will change the way banks, credit unions and DOC/DRE brokers do business. You will become an insurer of your borrower's ability to understand the loan and the consequences of non-payment. Yes, there are criminal penalties. |
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Proposed changes to the bankruptcy code may remove specific mortgage lender protection provisions now in effect. |
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Auto lenders: New case law changes the playing field for auto lending. The effect of the Arcadia case on repossession rights: the appeal has been denied and the case will not be certified. Now what? |
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Bankruptcy responses to real estate subprime lending fall-out: |
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Cram downs are back. Recognize them and protect yourself. |
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Plan confirmation issues: Local bankruptcy rules have made it even easier for borrowers to rearrange your loan rights and eliminate your security interest. |
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Cash collateral issues |
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Borrower or third-party personal liability: It can be the difference between collecting and a write-off. Understanding the following will help: |
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When can you obtain a personal judgment on a loan? |
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Sold-out juniors and short sales |
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Loan fraud/appraiser fraud |
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Broker/lender and lender/investor agreements and issues to consider |
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Loss mitigation tools and strategies. Each of these can save you thousands of dollars: |
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Forbearance and loan modification agreements: What you need to know to protect your interests |
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Obtaining rents with and without a receiver |
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Guarantees: Can they be enforced? When? |
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: Judicial foreclosure. Is it a viable option? |
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: Reaffirmation Agreements. How do you get them? |
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: Responses to loan fraud. |
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: Obtaining judgments that will withstand bankruptcy |
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: Evictions and post-foreclosure sale agreements that allow your borrower to stay on or repurchase. This is a minefield and must be carefully negotiated. |