| Date: | Thursday, June 14, 2007 |
| Time:* | 1:00 PM – 2:30 PM ET |
| Featured Speaker: | Jeffrey Marston |
| Duration: | 90 Minutes |
| Location: | Your office or conference room |
| Prerequisites: | None |
If your area does NOT observe Daylight Saving Time, the time will be one hour earlier.
BRAND NEW AUDIO CONFERENCE!
Negotiations between buyers and sellers of residential mortgage loans have changed significantly over the past several years, and more changes are on the horizon. Contract concessions routinely granted a few years ago by many secondary market loan purchasers are now being hotly contested or flatly refused, due to a variety of factors, including:
- Assignee liability for predatory lending
- The burgeoning risk of originator and borrower fraud
- The advent of Regulation AB
- The increasing level of borrower defaults and foreclosures.
These factors don’t mean, however, that sellers should simply sign the buyer’s standard form mortgage loan purchase agreement or seller guide, without negotiation. Now more than ever before, it is important for loan sellers to understand their contractual risk regarding mortgage loan sales, and to take steps to minimize that risk.
Join our interactive audio conference as industry expert Jeff Marston, of the national law firm Powell Goldstein LLP, discusses how you can avoid signing contracts with overreaching provisions that may place your institution at a competitive disadvantage, or, worse, expose it to potentially crippling (but sometimes avoidable) repurchase and indemnification demands.
Discussion Topics Include:
- Reasons for the seachange in negotiations between loan buyers and sellers
- Which contract provisions are especially dangerous for sellers, and ways in which to mitigate the sellers’ risk
- What can be done to reduce exposure to repurchase and indemnification demands resulting from early defaults and early payoffs by borrowers
- Representations, warranties and covenants: which provisions should sellers strive to avoid? Which can be qualified by knowledge or materiality?
- Repurchase, indemnification and other buyer remedies: how sellers can reduce their exposure
- What lenders should know about Regulation AB in the context of mortgage loan sales
- Legal opinion requirements, “true sale” opinions, and other roadblocks to closing loan sales transactions (and how to avoid or minimize the impact of such roadblocks)
- Contract provisions that buyers have a hard time refusing, and that can reduce a seller’s exposure in meaningful ways
The program includes a 30-minute Q&A session following the presentation. Listen in and get the chance to ask your specific questions!
Registration Includes:
- Admittance to the 90-minute call for as many people as you can fit in a room with a speakerphone
- Access to the specially created presentation handouts (made available 48 hours in advance) which can be printed and used to train all of your front line personnel
- Participation in the 30-minute live Q&A with the speaker following the presentation
- Certificates of completion for all audio conference attendees
Who Should Register:
- Compliance Officers
- Legal Counsel
- Risk Managers
- Accountants
- Operations Officers
- Anyone involved with policies and procedures involving sales of mortgage loans or servicing rights
About Our Speaker
![]() Jeffrey P. Marston |
Jeffrey P. Marston is a partner in the Washington, DC, office of Powell Goldstein LLP. Mr. Marston focuses his practice on transactions involving banks, mortgage lenders and mortgage lenders and servicers, as well as on legal issues relating to regulatory compliance, electronic commerce and outsourcing in the financial services industry. Mr. Marston also has extensive experience as in-house counsel; he served for seven years as Associate General Counsel of The Prudential Home Mortgage Company, Inc., where he administered the company's largest legal operation, authored the company's Lender Express Seller Guide, and had primary responsibility for legal issues and litigation concerning the company's mortgage servicing portfolio. |
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