BOOT CAMP: Foreclosure and Loan Workout Procedures “…not for the faint of heart.” - Denbeaux & Denbeaux Attorneys at Law

BOOT CAMP: Foreclosure and Loan Workout Procedures “…not for the faint of heart.”

<    Back

Date: July 15, 2015Author: Denbeaux & Denbeaux

July 14th 2015

Program Description

Guide Your Clients Through the Best Solution for Their Situation

Not for the faint of heart, this fast-paced course is designed to provide a comprehensive procedural orientation to the foreclosure process and alternatives to foreclosure. Expert faculty

will identify all of the options available for loan defaults and guide you through their mechanics – from forbearance agreements and loan modifications to short sales and the foreclosure process itself. Along with this engaging seminar, you’ll receive a reference manual filled with in-depth, detailed information on each of the options discussed, so you can dig into specific laws as you need them. Get the most bang for your buck – enroll today!

  • Learn what loss mitigation solutions are available in residential situations and how to put them in place for your clients.
  • Walk through the foreclosure process and sale to avoid legal missteps when you’re guiding clients through them.
  • Ensure your forbearance agreements include crucial provisions to protect collateral.
  • Be prepared to handle the entire short sale process.
  • Understand the lender liability surrounding loss mitigation options.
  • Maintain an ethical practice by understanding what conflicts of interest may exist when dealing with troubled real estate loans.

Who Should Attend

This practical, basic-to-intermediate level course is designed for:

  • Attorneys
  • Real Estate Professionals
  • Title Insurance Professionals
  • Lenders
  • Paralegals

Course Content

  1. The Foreclosure Process
  2. Troubled Debt Restructuring (TDR) Transactions
  3. Loan Modifications
  4. Rent Attachment – Cash Management Agreements
  5. Short Sale Procedures
  6. Deeds-in-Lieu of Foreclosure
  7. Forbearance Agreements – Structure and Important Provisions
  8. Receivership
  9. Lender Liability Issues
  10. Ethical Considerations When Dealing with Distressed Property

Continuing Education Credit


Continuing Legal Education

Credit Hrs State
CLE 7.20 –  NJ*
CLE 7.00 –  NY*
CLE 6.00 –  PA*

Institute of Certified Bankers – ICB: 7.25 *

* denotes specialty credits


Agenda / Content Covered

  1. The Foreclosure Process
    9:00 – 9:45, Christopher J. Balala

    1. Curing Title Problems Prior to Commencing the Action
    2. Foreclosure Timeline
    3. Demand Letter
    4. The Foreclosure Action – Lis Pendens, Parties Named, Summons, Complaint
    5. Foreclosure/Sheriff’s Sale – Notice Requirements, Bidding Process, Closing, Etc.
    6. Pursuit of Guarantors
      1. Before Foreclosure Sale?
      2. Checking Percentage Guarantees
    7. Deficiency Judgment Issues
  2. Troubled Debt Restructuring (TDR) Transactions 
    9:45 – 10:15, Christopher J. Balala
  3. Loan Modifications
    10:30 – 11:00, Christopher J. Balala

    1. Programs and Incentives Available
    2. Submitting a Loan Modification Request
    3. Handling Your Client’s Case
    4. Negotiating the Best Possible Loan Modification
  4. Rent Attachment – Cash Management Agreements
    11:00 – 11:30, Christopher J. Balala

    1. Advantages and Disadvantages
    2. Interference of a Contract
    3. Collection
  5. Short Sale Procedures
    11:30 – 12:15, Kevin Uniglicht

    1. What is a Short Sale and When can it be Done?
    2. Benefits of Short Sales
    3. Parties Involved
    4. Navigating the Process
    5. Short Sale Request
    6. Short Sale Package – Review of Documents Included
    7. Implications of a Short Sale
  6. Deeds-in-Lieu of Foreclosure
    1:15 – 1:45, Kevin Uniglicht

    1. What is a Deed-in-Lieu and When Should You Use it?
    2. Liabilities Associated with Deeds-in-Lieu
    3. Junior Liens and Non-Merger Provisions
  7. Forbearance Agreements – Structure and Important Provisions
    1:45 – 2:15, Todd M. Galante

    1. Forbearance Agreement Overview and Variations
    2. Review of Existing Loan Documentation
    3. Debtor Provisions – What the Debtor Wants to Avoid
    4. Creditor Provisions – What the Creditor Wants to Include
  8. Receivership
    2:30 – 3:00, Todd M. Galante

    1. Types of Receivers (and Reasons to Appoint Them)
    2. Rights Involved in Appointing a Receiver
    3. Procedures for Appointing a Receiver
    4. Interplay of Bankruptcy
    5. Title Insurance Considerations
    6. Receiver Sale – What You Need to Know
  9. Lender Liability Issues
    3:00 – 3:30

    1. Circumstances with the Most Risk of Lender Liability
    2. Breach of Oral Agreement
    3. Breach of Contract
    4. Breach of Obligation of Good Faith and Fair Dealing
    5. Fraud
    6. Negligent Misrepresentation
    7. Best Practices for Avoiding Lender Liability
  10. Ethical Considerations When Dealing with Distressed Property
    3:30 – 4:30, Todd M. Galante

    1. Client-Lawyer Relationship – Scope of Representation
    2. Conflicts of Interest
    3. Lender Liability Issues
    4. Mortgage Foreclosure Defense
    5. Attorneys’ Fees and Expenses

CHRISTOPHER J. BALALA is an attorney with Scura, Wigfield, Heyer & Stevens, LLP. His areas of practice include personal injury, bankruptcy/insolvency, foreclosure, and general litigation. Mr. Balala is admitted to practice in New Jersey, Pennsylvania and the U.S. District Court for the District of New Jersey. He is a member of the Bergen County Bar Association, Passaic County Bar Association, and the New Jersey State Bar Association. Mr. Balala earned his B.A. degree, cum laude, from the University of Massachusetts – Amherst; and his J.D. degree, cum laude, from Widener University School of Law.

TODD M. GALANTE, Esq. is a shareholder at the national law firm LeClairRyan, where he heads up the bankruptcy and creditors’ rights team at the firm’s Newark office. He practices in the areas of commercial litigation; commercial and residential real estate and other foreclosures; bankruptcy (Chapters 7, 13 and 11); state court insolvency/assignment for the benefit of creditors; loan workouts; lender liability; fraud; franchise law and litigation; trademark and unfair trade practices; general equity matter; partnership, corporate, limited liability company, closely held corporate and family business litigation; certain labor and employment litigation; white collar crime defense; municipal law; and attorney ethics. Mr. Galante is a certified arbitrator, mediator and mediator mentor, handling both private and court appointed civil matters through the Superior Court of New Jersey’s arbitration and mediation programs. He is a frequent speaker who has been repeatedly listed in Best Lawyers in AmericaNew Jersey Monthly Magazine Super Lawyers, New York Magazine – New York Area’s Top Lawyers, and Corporate Counsel – Top Lawyers. Mr. Galante is an adjunct professor at Rutgers University. He earned his B.A. degree, cum laude, from Rutgers University, and his J.D. degree from Seton Hall University School of Law. Mr. Galante is a member of the American and New Jersey State bar associations, the American Trial Lawyers Association, American Bankruptcy Institute, and local bar associations. He is a member in good standing of the bars of the U.S. District Court for the District of New Jersey; the Southern, Eastern and Northern districts of New York; and the Eastern District of Wisconsin.

KEVIN UNIGLICHT is an attorney with Uniglicht Legal Group, where his main areas of practice include complex litigation, personal injury, insurance defense, land use and zoning, and real estate. Mr. Uniglicht is admitted to practice law in New Jersey, the Federal District courts and Washington D.C. He attended law school at the Syracuse University College of Law.


Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am – 5pm Central:Phone: 866-240-1890Email: [email protected]
Accreditation Details

Continuing Legal Education

NJ CLE: 7.20 Including – Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.

NY CLE: 7.00 Including – Areas of Professional Practice: 6.00, Ethics: 1.00
This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 7.0 credit hours, of which 6.0 hours can be applied to the areas of professional practice requirement and 1.0 hour can be applied toward the ethics and professionalism requirement. This live format program is appropriate for newly admitted and experienced attorneys.

PA CLE: 6.00 Including – Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board for a total of 6.0 hours, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse CLE credit.

Institute of Certified Bankers


N ICB: 7.25 Including – CLBB: 7.25
NBI, Inc. is an Accredited Continuing Education Provider (ACEP) of the Institute of Certified Bankers™ (ICB). The ICB is dedicated to promoting the highest standards of performance and ethics within the financial services industry. BOOT CAMP: Foreclosure and Loan Workout Procedures has been approved for 7.25 CLBB credits. This statement should not be viewed as an endorsement of this program or its sponsor.


Contact Denbeaux and Denbeaux

We're ready to solve your legal problem.

Denbeaux & Denbeaux Attorneys at Law