Foreclosure Law Changes: What Attorneys Must Know About SB 1079, AB 2424, and Compliance Risks

Michelle R. Rodriguez | Wright, Finlay & Zak LLP

Michelle R. Rodriguez is a partner with the law firm of Wright, Finlay & Zak LLP, focusing on mortgage brokering, lending, servicing, and foreclosure trustee compliance, licensing and transactional work. Ms. Rodriguez is licensed as an attorney in California, Wisconsin and Minnesota. She is also a licensed California mortgage broker (Cal DRE Broker No. 01480587). Ms. Rodriguez earned a Juris Doctor degree from Hamline University School of Law in Saint Paul, Minnesota, and a Masters degree in Business Administration from the University of Saint Thomas in Saint Paul, Minnesota. Ms. Rodriguez is a member of the board of directors of the California Mortgage Association and is chairperson of that organization’s Education Committee. She is a regular presenter at that organization’s educational conferences and webinars and has presented educational topics for other mortgage trade associations including the national Mortgage Bankers Association, the California Mortgage Bankers Association, and the United Trustees Association on such topics as the Truth-in-Lending Act, the Real Estate Settlement Procedures Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and Cannabis Lending. She is co-author of the 2019-2024 textbook entitled Professional MLO Education for MLO’s for Duane Gomer Education.

Joffrey Long | Southwest Bancorp

Joffrey Long is the President of Southwest Bancorp, a private money investor/lender that makes, arranges, and services private money loans.

He is the Past President of the California Mortgage Association (CMA) and has also served as its Education Chair. He’s currently a member of the CMA Education Committee and a member of its Board of Directors.

He has previously served as an expert witness in matters relating to private money lending and loan servicing and has testified in related depositions, arbitrations and trials.

Mark W. Vyvyan | Fredrikson & Byron P.A

Mark is a litigator, known for winning important cases for his clients in areas like commercial landlord-tenant disputes, complex foreclosures, construction disputes, oil and gas litigation, and significant boundary and easement disputes.

Although Mark is a litigator and focuses his practice on real estate disputes, he also has experience handling real estate transactions, which makes him a more effective litigator. Mark has tried cases for both plaintiffs and defendants in states across the Upper Midwest. Mark also mediates real estate-related matters, including residential and commercial construction disputes, commercial landlord-tenant matters and boundary and easement disputes. Mark is well-known for his hard work, responsiveness and expertise in achieving great results for his clients.

Christian V. Hokans | Fredrikson & Byron P.A

Christian represents clients in all stages of complex commercial litigation from motion practice to trial, primarily focusing on real estate disputes.

Christian has experience in both state and federal courts around the country. He works with individual clients and businesses of all sizes to provide a tailored approach to each case that protects his client’s interests in a way that is also cost- effective.

Christian also maintains an active pro bono practice. He regularly represents clients in the courtroom in civil rights, housing and public benefits cases.

Session I – Epic Changes in Foreclosure Law: Legal, Compliance, and Practical Strategies for the New Landscape | 1:00pm – 2:00pm

• How SB 1079 extends the non-judicial foreclosure process through allowing additional bidding after the trustees sale
• How AB 2424 may further extend the foreclosure process if the borrower produces a listing agreement and/or purchase contract
• Timelines and procedures for lenders, loan servicers, and foreclosure trustees in receiving and responding to the various delays
• The large “gray areas” in the new laws, including the SB1079 “gap in ownership”, and other potential areas of litigation
• Answers to the most commonly asked questions from lenders, loan servicers, and foreclosure trustees when operating under the new laws

Break | 2:00pm – 2:10pm

Session II – Foreclosure Law: Procedures, Defenses, and Strategies | 2:10pm – 3:10pm

• Emerging foreclosure trends
• Pre-foreclosure planning considerations
• The usual foreclosure process
• Federal laws that may impact the foreclosure process
• Potential defenses to a foreclosure