AmericanConference.com/ResidentialMortgage • 888 224 2480
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Business Information in a Global Context
27
th
National Forum on
RESIDENTIAL MORTGAGE
REGULATORY ENFORCEMENT & LITIGATION
November 17
–
18, 2020 (Central Time) Virtual Conference
Featured Speaker:
John C. Fleming
General Counsel
Texas Mortgage Bankers Association
Mitigate Your Liability at a Critical
Moment for the Mortgage Industry
EARN CLE
CREDITS
SUPPORTING
SPONSOR:
ASSOCIATE
SPONSORS:
Jedd Bellman
Assistant Commissioner for Non-Depository Supervision,
Oce of the Commissioner of Financial Regulation
Christopher B. Mulvihill
Deputy Superintendent, Consumer Protection
& Financial Enforcement Division
2020 Program Highlights:
» How to Effectively Prepare for CARES Act and Other
COVID-Era Legislation’s Impact on Lenders and Servicers
» Anticipated Litigation Relating to Forbearance Programs
and Expiration
» Managing Disputes with Bankrupt Debtors Amid a Likely
Increase in Defaults
» The Complexities of Mortgage Origination in the Pandemic
and Beyond
» Navigating Fraud and Fair Lending Challenges in the
COVID-19 Context
DISTINGUISHED IN-HOUSE FACULTY:
David Altman
Executive Vice
President and Chief
Corporate Counsel
Freedom Mortgage
Kim Andres
Assistant General
Counsel
Citi
R. Christopher Baker
General Counsel
James Bloss
Compliance Risk
Management and
Governance Manager
Justin T. Bradley
Associate General
Counsel
Servicing
Jeffrey Jamison
Associate General
Counsel – Litigation,
Senior Vice President
BMO Harris Bank
Jeffrey W. Kibbey
Vice President,
Mortgage and
Corporate Compliance
Graham H. Kidner
Associate General
Counsel
Fannie Mae
Jason Miller
General Counsel
Joseph L. Mooney
Vice President,
Senior Legal Counsel
– Litigation and
Regulatory Enforcement
HSBC
Lance L. Morley
Assistant General
Counsel
Wendy Beth Oliver
General Counsel, Chief
Compliance Ocer
Amy S. Ooi
Vice President,
Associate General
Counsel
Lynde Selden
General Counsel
2 | #ACIResMortgage @ACI_Finance ACI: Financial Services - Legal, Regulatory and Compliance Professionals
Is the U.S. mortgage industry
about to fall off a cliff?
- Mortgage Professional America, July 29, 2020.
The COVID-19 pandemic has overwhelmed every aspect of the mortgage business. Lenders face
challenges in mitigating risk in the origination process while continuing to ensure fair lending practices.
For loans in forbearance, the industry anticipates disputes over the equitable administration of
government programs and over the appropriateness of loss mitigation measures once forbearances
expire. At the same time, servicers are up against important restrictions on collection activity while
seeking to meet investor demands for payment.
The industry is confronting the biggest blow since 2008. That is why it is more important than ever
for litigators to attend American Conference Institute’s 27
th
Annual National Forum on Residential
Mortgage Regulatory Enforcement & Litigation—your one-stop shop for intelligence on defending
against the surge of actions on the horizon.
Program highlights include:
ç Direct insights from state regulatory bodies on enforcement activity to expect in the
aftermath of the pandemic
ç Best practices for servicers on navigating debt collection restrictions and managing
liquidity challenges
ç In-depth analysis of credit reporting requirements and how to mitigate liability under
CARES amendments to the FCRA
This forum is your opportunity to gain essential intelligence from an elite speaker line-up of in-house
dialogue with the key industry players, and get your most pressing questions answered. All from the
Do not delay—register today by phone at 1-888-224-2480 or online at
www.AmericanConference.com/ResidentialMortgage.
CONTINUING LEGAL
EDUCATION CREDITS
Accreditation will be sought in those
jurisdictions requested by the registrants
which have continuing education
as nontransitional for the purposes of
CLE accreditation.
for CLE credit by the New York State
Continuing Legal Education Board.
for CLE credit by the State Bar of California.
has a dedicated team which processes
requests for state approval. Please note
that event accreditation varies by state
and will make every effort to process
your request.
For more information on CLE
process for virtual events visit:
www.americanconference.com/accreditation-
instructions-for-virtual-attendance/
EARN CLE
CREDITS
Foreclosure threat grows as
COVID-19 surges, Fed says
- HousingWire, July 6, 2020.
32% of U.S. households missed
their July housing payments
- CNBC, July 8, 2020.
AmericanConference.com/ResidentialMortgage • 888 224 2480
a C5 Group Company
Business Information in a Global Context
Amy S. Ooi
Vice President,
Associate General Counsel
Nanci L. Weissgold
Partner
David Altman
Executive Vice President
and Chief Corporate Counsel
Kim Andres
Assistant General Counsel
R. Christopher Baker
General Counsel
Jedd Bellman
Assistant Commissioner
for Non-Depository Supervision,
Oce of the Commissioner of
Financial Regulation
David M. Bizar
Partner
James Bloss
Compliance Risk Management
and Governance Manager
Justin T. Bradley
Associate General Counsel
Chava Brandriss
Partner
Austin K. Brown
Counsel
Jason R. Bushby
Partner
John C. Fleming
General Counsel
Texas Mortgage Bankers
Bryan A. Fratkin
Partner
Nikhil V. Gore
Partner
Richard E. Gottlieb
Practice Leader,
Consumer Financial Services
Eric M. Hurwitz
Co-Chair, Financial Services
Litigation
Jeffrey Jamison
Associate General Counsel –
Litigation, Senior Vice President
Kim H. Israel
Member
Steven M. Kaplan
Practice Co-Leader,
Financial Services Regulatory
and Enforcement
Jeffrey W. Kibbey
Vice President, Mortgage and
Corporate Compliance
Graham H. Kidner
Associate General Counsel
Michael Y. Kieval
Member
Kristine E. Kruger
Senior Counsel
Maura K. McKelvey
Partner
Jason Miller
General Counsel
Joseph L. Mooney
Vice President, Senior Legal
Counsel – Litigation and
Regulatory Enforcement
Lance L. Morley
Assistant General Counsel
Christopher B. Mulvihill
Deputy Superintendent,
Consumer Protection &
Financial Enforcement Division
Wendy Beth Oliver
General Counsel,
Chief Compliance Ocer
Joshua C. Prever
Partner
Shaun Ramey
Managing Member, Nashville Oce
Francis X. Riley III
Co-Chair,
Consumer Financial Services
Lynde Selden
General Counsel
Joy Harmon Sperling
Partner
Adam M. Swanson
Partner
4 | #ACIResMortgage @ACI_Finance ACI: Financial Services - Legal, Regulatory and Compliance Professionals
9:00
Amy S. Ooi, Vice President, Associate General Counsel,
Nanci L. Weissgold, Partner,
9:15
Kristine E. Kruger, Senior Counsel,
R. Christopher Baker, General Counsel,
James Bloss, Compliance Risk Management
and Governance Manager,
Jeffrey W. Kibbey, Vice President, Mortgage and
Corporate Compliance,
Jason Miller, General Counsel,
In this interactive roundtable discussion, a distinguished group
of in-house counsel will speak on compliance and litigation
challenges in the COVID-19 context and how they will continue
to navigate the aftermath of the pandemic.
10:15
Jedd Bellman, Assistant Commissioner for
Commissioner of Financial Regulation,
Christopher B. Mulvihill, Deputy Superintendent,
Consumer Protection & Financial Enforcement Division,
With a decrease in federal enforcement under the Trump
administration, state regulators and Attorneys General have ramped
up their investigation of mortgage companies and other consumer
loan providers. New demands on lenders and servicers in the context
of the pandemic are only intensifying scrutiny of their practices by
state authorities, and new federal legislation opens the door for new
• A synthesis of key pre-COVID trends in enforcement across the
country and recent priorities set out by state regulators
• What kinds of actions relating to COVID-era regulations are likely
to arise in the following year
• Recent guidance from the CFPB and what to expect in the event
of a change in administration in January
11:15 Break
11:45
Jason R. Bushby, Partner,
John C. Fleming, General Counsel, Texas Mortgage
Maura K. McKelvey, Partner,
The CARES Act, analogous state legislation, and government
investors have set out varying expectations for in a range of
forbearance programs aimed at easing the impact of the pandemic
on homeowners. The industry is encountering inevitable ambiguities
in navigating the intricacies of these programs, creating fertile ground
• Potential litigation relating to violation of forbearance rights in
managing mortgage relief
• Disputes over improper disclosures to borrowers of loan terms
and additional costs associated with forbearance
• To what extent borrowers already in litigation with their servicer
can take advantage of forbearance programs
• Restrictions and requirements to grant additional forbearances
after an initial forbearance period
1:30
Lance L. Morley, Assistant General Counsel,
Joy Harmon Sperling, Partner,
Nanci L. Weissgold, Partner,
borrowers, servicers continue to face pressure from regulators
and investors alike – maintaining the liquidity needed to pay
to investors while contending with decreased payments from
• Navigating limits to debt collection and circumstances under
which restrictions would not apply
• Common servicing pitfalls in emergency situations and potential
litigation following the coronavirus crisis
• Anticipated enforcement actions over aggressive collection
efforts during the pandemic
•
mortgages that may be subjected to more stringent demands
from investors
3:00
David M. Bizar, Partner,
Kim H. Israel, Member,
Graham H. Kidner, Associate General Counsel,
(Central Time)
AmericanConference.com/ResidentialMortgage • 888 224 2480
a C5 Group Company
Business Information in a Global Context
As homeowners continue to be unable to meet their obligations in
the pandemic and beyond, servicers must contend with important
challenges in preventing potential foreclosures. In light of new
consumer protection frameworks and increased regulatory scrutiny
of industry practices in an emergency situation, much is at stake in
how these loss mitigation measures are carried out. This session
•
• New guidance issued by the CFPB and state regulators
• Broader implications for the industry as forbearances turn
into defaults
4:00
Bankruptcy Act
Kim Andres, Assistant General Counsel,
Adam M. Swanson, Partner,
With forbearance programs ending and continued mass
unemployment inevitably leading to higher default rates, the
pandemic is expected to produce a surge in bankruptcies and
related litigation. Moreover, changes to the bankruptcy code have
created further challenges for creditors dealing with bankrupt
•
income, duration of bankruptcy plans, second moratoriums,
and payment deferments
• How the courts are assisting debtors with repaying amounts
not paid during forbearance
• Practical changes to bankruptcy court procedures and
navigating them as a creditor
• Deterring bankruptcy-related enforcement actions following
the pandemic
9:00
Amy S. Ooi, Vice President, Associate General Counsel,
Nanci L. Weissgold, Partner,
9:15
and Outcomes
Shaun Ramey, Managing Member,
David Altman, Executive Vice President and Chief
Corporate Counsel,
Justin T. Bradley, Associate General Counsel,
Joseph L. Mooney, Vice President, Senior Legal
Counsel – Litigation and Regulatory Enforcement,
Lynde Selden, General Counsel,
An esteemed panel of in-house counsel will discuss how to build a
productive relationship with outside counsel in a context of limited
resources and increasing challenges in mitigating liability.
10:15
Bryan A. Fratkin, Partner,
Steven M. Kaplan, Practice Co-Leader, Financial
Services Regulatory and Enforcement, Mayer Brown
The consumer lending industry saw a pre-COVID uptick in credit
reporting disputes, with actions under the FCRA leading over any
other statute. Complexities in credit reporting in the pandemic
will only exacerbate this trend further. Compliance challenges
and disputes resulting from retroactive CARES Act provisions
• Ambiguities in the CFPB’s guidance on credit reporting
borrowers in forbearance
• Expected state enforcement over violations of federal or state
reporting acts due to delays in credit reporting
• Challenges in reporting for mortgages discharged in bankruptcy
11:45
Richard E. Gottlieb, Practice Leader,
Consumer Financial Services,
Jeffrey Jamison, Associate General Counsel –
Litigation, Senior Vice President, BMO Harris Bank
Wendy Beth Oliver, General Counsel, Chief Compliance
Joshua C. Prever, Partner,
• How to overcome challenges in maintaining the range of
services needed to support origination—such as appraisal,
title insurance, and home inspection
• Developments in remote online notarization
• Pandemic-related fair lending and other access to
credit considerations
• Resolving disputes between lenders, borrowers, and private-label
market investors seeking buybacks for loans in forbearance
• CFPB and other agency initiatives to facilitate lending during
the pandemic
• The impact of the pandemic on non-bank mortgage lending
(Central Time)
6 | #ACIResMortgage @ACI_Finance ACI: Financial Services - Legal, Regulatory and Compliance Professionals
1:30
Nikhil V. Gore, Partner,
Michael Y. Kieval, Member,
• What can be learned from recent enforcement actions over
fraudulent advertising in a low interest rate environment
• Insights into Attorney General actions under consumer fraud
statutes in various states, including over insurance forced
on borrowers
• Detecting the potential for fraud in forbearance requests,
issued under relief bills
• Trends in CFPB actions over abusive home lending since its
• Developments in antitrust claims under RESPA alleging
• Regulatory scrutiny and litigation relating to inadequate controls
to deter cyber fraud and protect client data
• Detecting fraud on the part of borrowers failing to disclose
liabilities, falsifying assets, or having questionable sources of
funds, and compliance challenges in lending money mistakenly
3:00
Chava Brandriss, Partner,
Austin K. Brown, Counsel,
Francis X. Riley III, Co-Chair, Consumer Financial
Services,
• Pre- and post-COVID enforcement relating to pricing and
underwriting under the Equal Credit Opportunity Act and
the Civil Rights Act
• Recent actions over inequitable treatment of non-citizens in
lending practices
•
of Housing and Urban Development and the various civil rights
commissions at the state level
• Regulatory scrutiny over alleged redlining evidenced in
• Fair lending consistency in implementing forbearance programs
and other loss mitigation efforts and possible misapplication to
certain categories of borrowers
4:00
Eric M. Hurwitz, Co-Chair, Financial Services Litigation,
• Trends in TCPA case law and class actions settlements over
the past year and implications for mortgage servicers
• Interpreting the exception for auto dialers and the status of
• Analyzing the June Supreme Court decision upholding the
constitutionality of the statute
• Collection in the context of the pandemic and TCPA liability
pitfalls for servicers in an emergency situation
• Notable ongoing cases to be decided in the coming months
and what is at stake for the industry
CONUMER FINANCE
CLASS ACTIONS, LITIGATION &
GOVERNMENT ENFORCEMENT ACTIONS
32
nd
Advanced Forum on
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conference include:
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