Foreclosure Procedures

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Detailed Overview/Outline

PROGRAM SUMMARY
Foreclosures are hitting all-time highs as the real estate market cools off. At this seminar, you will learn how to successfully conclude foreclosure actions including those involving bankruptcy issues, title exams, lien interests, as well as how to resolve problems related to evictions and ejectments. Regardless of your level of expertise, you will benefit from this program.

AGENDA

I. Overview of Judicial Foreclosures Procedures

• A. Jurisdiction, venue, and title issues
• B. Acceleration due to default
• C. Receivership: when is it beneficial
• D. Title exam: preliminary judicial report
• E. Lis Pendens: updated title exam

II. Complaints

• A. Proper designation of plaintiff and defendants
• B. Proper designation of claims for relief
• C. Set forth all lien interests
• D. Service of summons
• E. Obtaining judgment, sale, and confirmation

III. Evictions / Ejectments

• A. Eviction/forcible entry and detainer
• -- 1. Termination of tenancy and required notice(s)
• -- 2. Pleadings
• -- 3. First cause hearing
• -- 4. Writ of restitution and set-out
• -- 5. Second cause hearing
• B. Ejectment/action for recovery of real estate
• -- 1. Pleadings
• -- 2. Evidence
• -- 3. Judgment

IV. Bankruptcy During Evictions and Foreclosures

• A. Steps to take to get your property back
• -- 1. From the bankruptcy trustee
• -- 2. From the debtor in possession
• B. What can you do or not do against the debtor
• C. Maximizing your claim recovery
• -- 1. Computing your proof of claim
• --- a. Pre-petition claim and post-petition claim
• --- b. Damage claim
• -- 2. Other sources of recovery
• --- a. Security deposit
• --- b. Guarantors

V. Ethical Issues and Due Diligence

WHO SHOULD ATTEND?

• Attorneys
• Banking and Mortgage Lenders
• Construction Contractors
• Sub-contractors
• Real Estate Developers
• Real Estate Brokers
• Title Insurance Companies
• Construction Material Suppliers

REFERENCE MATERIALS

Seminar Manual

The faculty has prepared a substantial reference work to accompany its presentation. This manual will serve as a valuable tool for future reference. You will receive the manual upon checking in at the seminar site. Its price is included in the registration fee.

Registration Information

Time: Registration begins at 8:00 a.m. The seminar begins promptly at 8:30 a.m. and will end at 4:30 p.m.

Lunch is on your own from 12:00 - 1:00 p.m.

Refund Policy: If you pre-register and are unable to attend the seminar, your registration is transferable; just notify us of your substitution before the seminar. Or, if you call us at least three days prior to the seminar, you may request one of the following:

• Full, transferable credit to another seminar
• A refund minus a $25 processing fee
• OR a tape and manual set

CREDIT

Please remember to bring your license number, ID or other necessary information to the seminar to ensure proper reporting of continuing education credit.

The Institute of Certified Bankers(ICB) is dedicated to promoting the highest standards of performance and ethics within the financial services industry. This seminar content has been approved for 8.0 continuing education credits for the following designations: CLBB (Certified Lender Business Banker).

Sterling Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Ste. 700, Nashville, TN, 37219-2417. Web site: www.nasba.org.

CPE Credit:

Maximum Credit Hours: 8.0 each session (based on a 50 minute credit hour).

Field of Study: Accounting.

Prerequisite: None.

Level of Knowledge: Basic.

Delivery Method: Group-Live.

Advance Preparation: None.

No CPE credit will be granted for home study with the purchase of the seminar audio tapes. SES is only approved for “Group/Live” programs.

Sponsor Background:
Sterling Education Services Inc. continues a long tradition of continuing education programs first begun in Eau Claire Wisconsin in 1983, dedicated to furthering educational development within the United States through instruction of the public on subjects useful to the individual and beneficial to the community. A hallmark of this tradition is Sterling's dedication to excellence in its relationships with those it serves: faculty members, attendees, and employees. We strive to be fair and easy to deal with at all levels, delivering excellent service and value on time, every time.

Specifically, Sterling Education Services, Inc. offers seminars on timely topics relevant to succeeding in the constantly changing economic, legal, and cultural environment within which professionals, educators, governmental units and agencies, businesses, non-profit entities and individuals must operate today. Sterling Education Services brings its seminars to you, enlisting faculty members from among the most distinguished professionals in your area, who are experts in topics they are presenting.

You can attend a Sterling seminar in your own community, and learn what you need to know from people you know and respect, all at a reasonable fee. You will also receive hand-out materials that are permanently bound into a reference book that will be a valuable resource after the seminar. If attending a particular seminar that you need doesn't work for you, the seminars are also available on audio tape. We look forward to serving you.

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