Tuesday, July 23. Roundtable Session 6 Tuesday, July 23 4:15-5:15 p.m. Broadmoor Hall E Making Mediations and Other Statutory Impositions Work For You

Transcription

1 Tuesday, July 23 Roundtable Session 6 Tuesday, July 23 4:15-5:15 p.m. Broadmoor Hall E Making Mediations and Other Statutory Impositions Work For You Get legal and practical information on Mediations and how servicers can best utilize mediations to further their servicing goals. We will also discuss various state legislation that attempts to help borrowers resolve delinquencies & how helpful are these legislative attempts in helping confused borrowers resolve delinquencies. This will include CA SB900, part of the Homeowners Bill of Rights affecting default servicing and foreclosure, enacted in California as of January 1, 2013 and SB 1552, creating a foreclosure mediation program, enacted in Oregon as of July 11, The panel will also discuss Nevada's AB 284, enacted as of October 1, 2011, and its continued impact on Nevada foreclosures. Moderator: Majenica Springer, Esq., Director of Client Relations/Attorney, Reisenfeld & Associates Speakers: Sasha Cohen, Corporate Counsel of Default Management, Bayview Loan Servicing; Michelle Mierzwa, Esq., National Managing Attorney Non-judicial Foreclosure, Butler & Hosch, P.A 210

2 Majenica L. Springer, Esq. Director of Client Relations Reisenfeld and Associates LPA, LLC 9292 N. Meridian St., Suite 208 Indianapolis, IN Phone: Cell: Web: Majenica Springer is the Director of Client Relations for Reisenfeld & Associates. She is licensed to practice in Indiana and focused primarily on foreclosure law for about three years prior to transitioning into her current role. She has experience handling foreclosures, mediations, title issues, code violations and curative issues. She attends many default industry conferences focusing on building successful client relationships and business development. Ms. Springer also regularly puts on training seminars for clients as a member of the educational committee of the Default Attorney Group and individually for on-site client training. These training seminars cover a variety of legal topics ranging from Foreclosure 101 to more specific training on subjects such as Mediations, Deeds-in-lieu, and Legislative Updates. Ms. Springer earned her J.D. from Indiana University Law School in 2009 and is admitted to practice in all state and federal courts in Indiana. In January 2013, Majenica took on an additional position as the Director of Client Relations for Sojourner's Title (Sojo Title). In this position she will focus on building Sojo s REO portfolio as well as its local Indiana business. She will continue working as the Director of Client Relations for Reisenfeld & Associates and will work with clients from both companies to ensure satisfaction. Sasha M. Cohen, Esq. Corporate Counsel Bayview Loan Servicing, L.L.C Ponce de Leon Blvd, 5th Floor Coral Gables, Florida Phone: Fax: SashaCohen@Bayviewloanservicing.com Sasha graduated from the University of Miami School of Law with a juris doctorate in May of She practiced real estate law and corporate law for 6 years before going in house at Bayview Loan Servicing, LLC. During private practice she handled major commercial and residential acquisitions with numerous developers in the South Florida and Western Florida markets. In 2009 Sasha was voted a Rising Star by Super Lawyers. Currently she handles all compliance and regulation issues for our default administration department. It is her job to also ensure the implementation of any new policies and procedures for the department. Sasha s other main task is to also manage their attorney vendor relations and to ensure that the relationship between in house counsels, foreclosure coordinator and outside local counsels runs as smoothly as possible. She has been living in Coral Gables, Florida for the past 16 years. 211

3 Michelle Mierzwa, Esq. National Managing Attorney Non-judicial Foreclosure Butler & Hosch, P.A 525 East Main Street El Cajon, Ca Phone: ext Michelle Mierzwa is National Managing Attorney with Butler & Hosch, P.A. As National Managing Attorney Mierzwa is responsible for not only the company s compliance with substantially enhanced state and federal laws, but the management and resolution of litigated matters and the coordination of compliance audits. As National Managing Attorney, Mierzwa also communicates and collaborates with operations and legal departments of clients, including most of the largest mortgage lenders, servicers and investors in the nation. Mierzwa frequently provides on-site training for servicers regarding non-judicial foreclosure processes. In 2009, Michelle Mierzwa was hired to create the Legal Department for Cal-Western Reconveyance Corporation, now Cal-Western Reconveyance LLC. As one of the largest non-judicial foreclosure trustees in the Western United States, Cal-Western provides foreclosure and related services in Arizona, Alaska, California, Idaho, Nevada, Oregon, Texas, Utah and Washington. Recently, the default servicing and foreclosure industry has experienced its highest level of scrutiny. As a result, Mierzwa is responsible for not only the company s compliance with substantially enhanced state and federal laws, but the management and resolution of litigated matters and the coordination of compliance audits. In 2010, Mierzwa was appointed to the Legislation Committees of the California Mortgage Bankers Association and the United Trustees Association. In this capacity, Mierzwa monitored, proposed and analyzed new legislation affecting the industry, meeting and negotiating with state and federal legislators to amend or defeat many bills. Over the years, Mierzwa has participated on speaking panels for national default industry conferences, including the American Legal and Financial Network Foreclosure Mediation Panel, the Mortgage Bankers Association Servicing Conference Default Super Session, and the United Trustees Association Annual Conference Trends in Litigation Panel. In recognition of her industry support efforts, Mierzwa was awarded the 2010 New Member of the Year Award by the United Trustee s Association at its annual convention. Mierzwa is currently serving a three year term on the Board of Directors of the United Trustee s Association, a national organization dedicated to the enhancement, education, and legislative support of the default servicing and foreclosure industry. Prior to joining Cal-Western, Mierzwa was a litigation and appellate attorney for ten years at a San Diego firm specializing in the representation of residential finance lenders, servicers, investors and trustees. During this practice, Mierzwa handled all aspects of civil litigation, including alternative dispute resolution, bench and jury trials, and successful defense of a number of appeals. An Arizona pro hac vice matter resulted in the reported case of Kelly v. NationsBanc Mortgage Corporation (2001) 199 Ariz. 284, clarifying the intersection of state foreclosure statutes and federal bankruptcy laws. Although the majority of her work involves matters outside San Diego County, Mierzwa maintains her connection with the local legal community through membership in the Real Property Section of the San Diego County Bar Association. Mierzwa was previously a member of the California Western School of Law Alumni Board of Directors and the Board of Directors for the Lawyers Club of San Diego, also serving as the Golf Tournament Chair and President and Treasurer of the East County Division for many years. Mierzwa was born and raised in San Diego and resides in Del Mar with her husband and two children. 212

4 Making Mediation and Other Statutory Impositions Work For You 213 1

5 Introduction/Nationwide Mediation Programs Mediation / Facilitation Meeting Request Pre-Foreclosure Loss Mitigation Contact / Evaluation Many Still in Infancy Likely to Continue Next Few Years During Recovery 214 2

6 Updates California and Nevada HOBR Nevada Mediation Washington Trifecta (pre contact, meeting, mediation) Oregon Facilitation Program 215 3

7 Practical Application Use the Mandate to Your Advantage Thorough Evaluation Establish Compliant Procedures Train Staff Paper Your File Maintain Compliance Documents Preparation for Hearings: complete required file extension if needed Use in Defense of Foreclosure Litigation 216 4