|Professors’ Corner is a monthly webinar (on the second Wednesday of each month) which features a panel of law professors, discussing recent cases or issues of interest to real estate or trust and estate practitioners and scholars.|
Wednesday, December 11, 2013
12:30pm Eastern/11:30 am Central
“Ownership, Transfer, and Enforcement of Securitized Mortgage Loans"
Neil B. Cohen, Jeffrey D. Forchelli Professor of Law, Brooklyn Law School
Dale A. Whitman, James B. Campbell Missouri Endowed Professor Emeritus, University of Missouri School of Law
Our nation’s courts have been swamped with litigation involving the foreclosure of securitized mortgage loans. Much of this litigation involves the appropriate interaction of the Uniform Commercial Code and state foreclosure law. Because few foreclosure lawyers and judges are UCC experts, the outcomes of the reported cases have reflected a significant degree of uncertainty or confusion.
In addition, much litigation has been triggered by poor practices in the securitization of mortgage loans, such as robo-signing and the failure to transfer loans into a securitized trust within the time period required by the IRS REMIC rules. This litigation has likewise produced conflicting case outcomes. In particular, recent decisions have reflected some disagreement regarding whether a mortgagor — who is not a party to the Pooling and Servicing Agreement that governs the securitized trust that holds the mortgage — can successfully defend a foreclosure by challenging the validity of the assignment of the mortgage to a securitized trust.
Our speakers for the December program will bring some much-needed clarity to these issues. Our speakers are Prof. Neil B. Cohen, the Jeffrey D. Forchelli Professor of Law at Brooklyn Law School, and Prof. Dale A. Whitman, the James E Campbell Missouri Endowed Professor Emeritus of Law at the University of Missouri School of Law. Prof. Cohen is the Research Director of the Permanent Editorial Board for the Uniform Commercial Code, and a principal contributor to the November 2011 PEB Report, “Application of the Uniform Commercial Code to Selected Issues Relating to Mortgage Notes.” Prof. Whitman is the co-Reporter for the Restatement (Third) of Property — Mortgages, and the co-author of the pre-eminent treatise on Real Estate Finance Law.
Register for this FREE program at http://ambar.org/ProfessorsCorner