The Tactical Deployment of Regulation X: Loss Mitigation in Judicial, Quasi-Judicial, and Non-judicial States

The upcoming expiration of the CARES Act moratorium on foreclosure sales and the anticipated volume of delinquent borrowers seeking mortgage assistance will present significant new challenges that consumer foreclosure lawyers must start preparing for now.

This is an advanced seminar that presumes attendees have significant litigation experience in wrongful foreclosure and federal regulation under RESPA’s Regulation X loss-mitigation and servicing rules. Attendees should also be familiar with the CARES Act and their state’s foreclosure laws.

What You Will Learn

• How RESPA’s Regulation X, and the CFPB’s Interim Final Rule can be most effectively deployed as we approach the end of the Age of COVID-19
• What is covered under Reg. X’s existing loss-mitigation and error-resolution rules, and the CFPB’s Interim Final Rule.
• How to apply these rules to the judicial, quasi-Judicial, and non-judicial states

Speakers

Richard “Rick” S. Alembik is the Principal at the Law Offices of Richard S. Alembik, PC, in Decatur, Georgia. Since 1991, he has focused his practice on real-estate-related and commercial litigation, and, after 2008, on consumer foreclosure defense. Alembik has been recognized as a “leading authority on foreclosure defense,” and an “advocate for victims of wrongful foreclosure.” He has first-chaired more than 70 jury trials and arbitration proceedings in state and federal courts, and in arbitration forums. Alembik earned his J.D. degree from the University of Georgia School of Law, where he served as the Executive Editor of the Georgia Journal of International and Comparative Law. He has made TV appearances as a legal commentator, and he has provided consultation on state legislation to Georgia legislators and study groups. Alembik is admitted to practice before all trial and appellate courts of the State of Georgia, the U.S. Supreme Court, the U.S. Court of Appeals for the Eleventh Judicial Circuit, and all three U.S. District Courts in Georgia. He is an active member of the National Association of Consumer Advocates, DeKalb County Bar Association, Lawyers Club of Atlanta, and the Real Estate Section of the State Bar of Georgia. In addition to raising two children, Alembik’s personal interests include competitive swimming, spectating volleyball, and military history.

Peter Silva is a partner at Gowen Silva & Winograd PLLC. Peter is a zealous advocate for consumers, workers, and individuals whose rights have been violated by the government, employers, and financial institutions. Over the last decade, Peter’s work on behalf of Maryland, D.C. and Virginia homeowners has prevented dozens of foreclosures through loan modifications, settlements, and litigation, and obtained millions of dollars in damages and savings for his clients. Peter is a graduate of the University of Miami School of Law and is a member of the National Association of Consumer Advocates. Peter is admitted to practice in the courts of Maryland, Virginia, and the District of Columbia, the United States District Courts for Maryland, District of Columbia and the Eastern District of Virginia, and the United States Courts of Appeal for the Fourth Circuit and District of Columbia.