3-Hour Program

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Overview

Why you should attend

Attend this training for an overview of legal and practical problems that arise within families and with mortgage servicers regarding mortgage debts, mortgage delinquencies and foreclosure when real property is co-owned by family members or is transferred in connection with death or divorce or other family changes.  During the session, practitioners specializing in family law, trusts and estates and housing law, respectively, will provide case-study examples of the problems they see when their areas of law overlap and offer strategies for preempting and addressing those problems.  A specialist in legal ethics will also discuss ethical issues that arise out of the representation of homeowners when real property is co-owned by family members or is transferred in connection with death or divorce or other family changes, including age-related lack of capacity.

What you will learn

  • Family law basics relevant to real property and mortgage debt disposition
  • Probate law and trusts and estates basics relevant to real property and mortgage debt disposition
  • Uses and limitations of the Garn-St. Germain Act 
  • Forms of co-ownership and how they do and don’t affect co-borrower status
  • Tools for foreclosure avoidance and loan modification advocacy in the context of divorce or death of a borrower
  • How to identify and address the relevant ethical issues

Who should attend

Practitioners from all three areas - family law, housing law, and trusts and estates - who want to gain a better understanding of how the other areas of practice affect their own will benefit from this program, as will general practitioners interested in learning more about the interactions among these areas of law and the related ethical issues that can arise.

Credit Details