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LIRC 2011
MBA’s Legal Issues and Regulatory Compliance 2011
May 15-18, 2011
Boca Raton, FL
Sunday, May 15, 12:30 p.m.-1:30 p.m.
This workshop provides a brief overview and update of the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transaction Act (FACTA), Fair Housing Act, Equal Credit Opportunity Act (ECOA) and Home Mortgage Disclosure Act (HMDA) requirements including recent changes.
Speakers
Joseph L. Barloon
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
Presentation - Barloon
Presentation - Barloon
Travis P. Nelson
Senior Associate
Reed Smith LLP
Presentation - Nelson
Sunday, May 15, 12:30 p.m.-1:30 p.m.
This session examines claims under a range of laws involving the origination of mortgage loans.
Moderator
Martin Bryce
Partner
Ballard Spahr LLP
Presentation - Bryce
Speakers
Benjamin B. Klubes
Co-Managing Partner
BuckleySandler, LLP
Presentation - Klubes
Andrew K. Stutzman
Partner
Stradley, Ronon, Stevens & Young, LLP
Presentation - Stutzman
Sunday, May 15, 1:30 p.m.-2:30 p.m.
This workshop continues the brief overview and update with the RESPA, TILA and Federal Housing Administration requirements including recent changes.
Reference Material
Speakers
Suzanne F. Garwood
Attorney
Venable LLP
Presentation - Garwood
Robert M. Jaworski
Attorney
Reed Smith, LLP
Presentation - Jaworski Sunday, May 15, 1:30 p.m.-2:30 p.m.
This session focuses on servicing related litigation and enforcement claims in state and federal courts.
Moderator
Leah Getlan
Director and Assistant General Counsel, Litigation
Capital One, N.A.
Presentation - Getlan
Speakers
Michelle Canter
Managing Partner
LotsteinLegal PLLC
Presentation - Canter
Jonice Gray Tucker
Partner
BuckleySandler, LLP
Presentation - Tucker Sunday, May 15, 2:45 p.m.-3:45 p.m.
Listen to a survey on the range of state legislative and regulatory developments including legislation implementing the SAFE Act and the Nationwide Mortgage Licensing System and Registry (NMLS), other major state lending and servicing legislation, regulations and case law developments.
Speakers
Panel Presentation
Mary M. Pfaff
Senior Director, Policy
Conference Of State Bank Supervisors
John D. Socknat
Partner
Patton Boggs, LLP
Sunday, May 15, 2:45 p.m.-3:45 p.m.
Recent difficulties have led to a host of claims and counterclaims by companies against others in the mortgage industry and related industries. This session updates participants on the range of cases in this area.
Moderator
Gary Deutsch
Senior Counsel
PNC Bank, National Association
Panel Presentation
Speakers
John N. Ellison
Partner
Reed Smith, LLP
Presentation - Ellison
Sunny S. Huo
Member
Severson & Werson
Presentation - Huo
Sunday, May 15, 4:00 p.m.-5:00 p.m.
Listen to a brief overview of key sections of Dodd-Frank including portions of Title IX, Title X and XIV including requirements for risk retention, the powers and responsibilities of the Bureau of ConsumerFinancial Protection (CFPB) as well as requirements under the Mortgage Reform and Anti-Predatory Lending provisions including ability to repay. The session also provides an update of Dodd-Frank regulatory activities so far.
Speakers
Loretta Salzano
Shareholder
Franzen and Salzano, P.C./ComplyShare, LLC
Presentation - Salzano
Phillip L. Schulman
Partner
K&L Gates
Presentation - Schulman Sunday, May 15, 4:00 p.m.-5:00 p.m.
This session focuses on the range of enforcement actions by Federal and State regulators and strategies available to companies to address them.
Moderator
Paul F. Hancock
Partner
K&L Gates
Presentation - Hancock and Sandler
Speakers
Mitchel H. Kider
Managing Partner
Weiner Brodsky Sidman Kider PC
Presentation - Kider
Andrew L. Sandler
Partner
BuckleySandler, LLP
Monday, May 16, 8:30 a.m.-10:15 a.m.
Less than a year ago, Congress enacted the Dodd-Frank Mortgage Reform and Consumer Protection Act which not only instituted a broad overhaul of responsibilities for financial regulation that had not been seen in generations, but made the new Bureau of Consumer Financial Protection(CFPB) a centerpiece of that effort. This expert panel of government officials, industry and consumer advocates will examine the implications of the CFPB’s robust powers as well as its assumption of virtually all key regulatory authorities for the industry. The panel will give particular attention to what we might expect in the coming months in a range of areas including completion of agency rulemakings, RESPA-TILA integration, supervisory initiatives and development of the complaintprocess, to name a few. This session will set the stage for deeper consideration of the CFPB and its authorities in the sessions to follow.
Opening Remarks and Moderator
Debra W. Still, CMB
2011 MBA Vice Chairman
President and Chief Executive Officer
Pulte Mortgage LLC
Speakers
David Berenbaum
Chief Program Officer
National Community Reinvestment Coalition
Kenneth W. Edwards
Policy Counsel
Center for Responsible Lending
David L. Moskowitz
General Counsel
Wells Fargo Home Mortgage
Thomas J. Noto
Associate General Counsel
Bank of America
Monday, May 16, 10:30 a.m.-11:45 a.m.
Participants know all too well that the industry has faced a burgeoning landscape of significant legal and regulatory issues in all areas. In this session, key government and industry officials provide an overview of the top tier legal and regulatory issues facing the industry that span origination, servicing and secondary market operations. Topics include loan officer compensation, risk retention, the future of the GSEs, proposed tax changes and major servicing litigation, to name a few. This diverse menu of topics will be revised right up until the time of the conference to assure that panel subjects are as up-to-date as they are critical. Where legislation or rules are in process, these experts also will provide insights into what we might expect. This session like the other general sessions will provide grounding for the sessions ahead.
Moderator
Stephen A. O'Connor
Senior Vice President of Public Policy and Industry Relations
Mortgage Bankers Association
Speakers
Karin Hill
Director, Office Of Single Family Program
U.S. Department of Housing & Urban Development
Presentation - Hill
Paul Mondor
Senior Attorney, Division of Consumer & Community Affairs
Federal Reserve
Teresa B. Payne
Associate Deputy Assistant Secretary
U.S. Department of Housing & Urban Development
Presentation - Payne
Monday, May 16, 11:45 a.m.-1:30 p.m.
Featured Speaker
David H. Stevens
President and Chief Executive Officer
Mortgage Bankers Association
Monday, May 16, 1:30 p.m.-2:45 p.m.
The new rules regarding risk-retention including the exception for QRMs were placed on a fast track by Congress and the parallel ability to repay QM requirements are in process as well. Join this expert panel for a discussion of these rules and their enormous implications for the industry.
Moderator
Carol Dubie
Managing Counsel
Wells Fargo Bank, N.A.
Panel Presentation
Speakers
Michaela Albon
Senior Vice President and Associate General Counsel
Aurora Bank FSB
Joseph T. Lynyak, III
Partner
Venable LLP
Ken Markison
Regulatory Counsel
Mortgage Bankers Association
Monday, May 16, 1:30 p.m.-2:45 p.m.
The financial crisis continues to spawn an array of claims and actions by borrowers, investors, shareholders and government officials concerning all phases of the mortgage business. This expert panel examines many of the most ubiquitous claims and provides strategies to help your firm or company better defend against them.
Moderator
Lois M. Jacobs
Partner
Kralik & Jacobs LLP
Presentation - Jacobs
Speakers
Rachel M. Dollar, CMB
Partner
Smith Dollar PC
Mitchel H. Kider
Managing Partner
Weiner Brodsky Sidman Kider PC
Presentation - Kider
Reid Manley
Partner
Burr & Forman, LLP
Presentation - Manley
Monday, May 16, 3:15 p.m.-4:30 p.m.
Implementation of the Federal Reserve’s new loan originator compensation rule and the new interpretation of the Fair Labor Standards Act (FLSA) Administrative Exemption have presented newchallenges to productivity considering the array of lingering questions. This expert panel explains these new requirements and provides an up-to-the-minute update for you and your company.
Moderator
David Hay
Group Vice President and Associate General Counsel
SunTrust Mortgage, Inc.
Speakers
Richard J. Andreano, Jr.
Partner
Patton Boggs, LLP
Presentation - Adreano
Karen S. Jackson
Managing Counsel
Wells Fargo Home Mortgage
Joseph E. Mayk
Shareholder
Stevens & Lee P.C.
Presentation - Mayk Monday, May 16, 3:15 p.m.-4:30 p.m.
As the government segment of the mortgage market has grown, program requirements have been added and modified in key areas. Learn about major FHA, Ginnie Mae and other government program changes from this eventful year and what we might soon expect.
Moderator
Lisa Klika
Vice President, Compliance and Quality Assurance
Guild Mortgage Company
Speakers
Kathleen Gibbons
Senior Advisor
Ginnie Mae
Presentation - Gibbons
Karin Hill
Director, Office Of Single Family Program
U.S. Department of Housing & Urban Development
Presentation - Hill
James Milano
Partner
Weiner Brodsky Sidman Kider PC
Phillip L. Schulman
Partner
K&L Gates
Presentation - Schulman Monday, May 16, 3:15 p.m.-4:30 p.m.
Changes to the Government Sponsored Enterprises’ (GSEs) requirements, loan buyback requests and proposals to revamp the secondary market system itself are top line issues in the industry. This authoritative panel delves deep into the range of secondary market proposals as well as new requirements and the present state of litigation and claims.
Moderator
Stephen A. O'Connor
Senior Vice President of Public Policy and Industry Relations
Mortgage Bankers Association
Speakers
Gene R. Clark
Chief Operation Officer & General Counsel
Arch Bay Capital, LLC
Laurence E. Platt
Partner
K&L Gates
Presentation - Platt
Alfred M. Pollard
General Counsel
Federal Housing Finance Agency
Monday, May 16, 4:45 p.m.-5:45 p.m.
Loan Originator Compensation
Government Housing Issues
Risk Retention - QM and QRM
Litigation Claims - Individual Cases
Secondary Market / Buyback Issues
CFPB
Tuesday, May 17, 9:00 a.m.-10:30 a.m.
New regulatory initiatives focusing on the mortgage industry have been enacted, promulgated or are in process in several states including initiatives in connection with the SAFE Act. At the same time, state regulators have increased their supervision and enforcement initiatives. Hear a topflight panel of regulators and industry experts give an overview of state regulatory developments and major trends that will affect your company.
Moderator
Donald C. Lampe
Partner & Member
Womble, Carlyle, Sandridge & Rice, PLLC
Speakers
Rod Carnes
Deputy Commissioner For Non-Depository Financial Institutions
Georgia Department of Banking and Finance
Presentation - Carnes
Darin Domingue, CEM
Chief Examiner
Louisiana Office of Financial Institutions
Presentation - Domingue
Andrew Grosmaire
Bureau Chief, Office of Financial Regulation, Division of Finance
State of Florida
Presentation - Grosmaire
Tuesday, May 17, 10:45 a.m.-12:00 p.m.
The introduction of TILA revisions under the Mortgage Disclosure Improvement Act (MDIA) and the new RESPA rules has presented an array of new challenges. This authoritative panel dives deep into these new changes with the objective of addressing practical issues while preparing you for further modifications ahead.
Moderator
Michael B. O'Connor
Corporate Counsel
BBVA Compass
Speakers
Barton Shapiro
Deputy Director
Department of Housing & Urban Development
Marsha L. Williams
Attorney
Middleberg Riddle & Gianna/MRG Document Technologies
Presentation - Williams
Reference Material - Williams
Meg Zaleski
Vice President and Assistant General Counsel
JPMorgan Chase Bank, N.A.
Presentation - Zaleski
Tuesday, May 17, 10:45 a.m.-12:00 p.m.
As a result of the SAFE Act, every state has enacted new or revised old loan originator licensing requirements. At the same time, the banking agencies have issued new rules and the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR) have been actively implementing the National Mortgage Licensing System and Registry (NMLS). This panel dives into what has happened and provides a look forward at potential changes ahead.
Moderator
Jack Konyk
Executive Director, Government Affairs
Weiner Brodsky Sidman Kider PC
Presentation - Konyk
Speakers
Kathy A. Bankert
Senior Vice President, Quality Control Compliance
Pulte Mortgage LLC
Presentation - Bankert
E. Robert Levy
Executive Director and Counsel
Mortgage Bankers Association of New Jersey, Inc.
Mortgage Bankers Association of Pennsylvania
Partner, Levy. And Atkinson, P.C.
Mary M. Pfaff
Senior Director, Policy
Conference Of State Bank Supervisors
Presentation - Pfaff
Tuesday, May 17, 10:45 a.m.-12:00 p.m.
Major litigation has been filed or continue against lenders under a wide range of laws. Major enforcement actions are also being undertaken at both the state and federal levels. This panel of litigation experts analyzes the cases and examines key trends in major litigation and enforcement.
Article
Moderator
Leah Getlan
Director and Assistant General Counsel, Litigation
Capital One, N.A.
Speakers
Richard E. Gottlieb
Member and Director, Financial Industry Group
Dykema Gossett PLLC
Presentation - Gottlieb
Paul F. Hancock
Partner
K&L Gates
Presentation - Hancock
Thomas M. Hefferon
Partner
Goodwin Procter, LLP
Presentation - Hefferon
Tuesday, May 17, Noon-1:30 p.m.
Featured Speaker
Michael Fratantoni
Vice President, Research
Mortgage Bankers Association
Tuesday, May 17, 1:30 p.m.-2:45 p.m.
The government and private litigants have continued their focus on fair lending issues concerning both loan origination and servicing. This expert panel guides you through key developments and legal issues raised under the Fair Housing Act, ECOA and other civil rights laws.
Article
Moderator
Kathryn Raymer
Executive Vice President, Compliance Manager
U.S. Bank Home Mortgage
Panel Presentation
Speakers
Melanie H. Brody
Partner
K&L Gates
Anand S. Raman
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
Andrew L. Sandler
Partner
BuckleySandler, LLP
Tuesday, May 17, 1:30 p.m.-2:45 p.m.
Unprecedented legislation, regulation and litigation have been directed at the servicing, loss mitigation and foreclosure process. Explore the wide range of new legal issues concerning servicing and foreclosure, including signing concerns, title issues and servicer compliance with TILA and rescission requirements, to name a few.
Moderator
Jordan D. Dorchuck, AMP, CMB
Executive Vice President, Chief Legal Officer and Secretary
American Home Mortgage Servicing, Inc.
Speakers
Mallory J. Garner
Deputy General Counsel
Private National Mortgage Acceptance Company (PennyMac)
Presentation - Garner
William P. Heller
Shareholder
Akerman Senterfitt
Jeffrey P. Naimon
Partner
BuckleySandler, LLP
Presentation - Naimon
Tuesday, May 17, 1:30 p.m.-2:45 p.m.
Reference Material
Moderator
Michael Sullivan
Senior Vice President/General Counsel
Pulte Mortgage LLC
Speakers
Jeremiah S. Buckley
Partner
BuckleySandler, LLP
Presentation - Buckley
Alan S. Kaplinsky
Chair, Consumer Financial Services Group
Ballard Spahr LLP
Presentation - Kaplinsky
Mark Oesterle
Chief Counsel
Reed Smith, LLP
Presentation - Oesterle
Tuesday, May 17, 3:15 p.m.-4:30 p.m.
Regulatory issues are hastily raising our concerns. This expert session will address the hottest topics at the date of the conference. These up-to-the-minute topics will not be covered in other sessions.
Speakers
Panel Presentation
Andrew Lusk
Corporate Counsel
Quicken Loans, Inc.
Jeffrey Morganroth
Managing Partner
Morganroth & Morganroth, PLLC
Howard Radzely
Partner
Morgan Lewis & Bockius LLP
Tuesday, May 17, 3:15 p.m.-4:30 p.m.
Tuesday, May 17, 3:15 p.m.-4:30 p.m.
Tuesday, May 17, 4:45 p.m.-5:45 p.m.
FLSA Litigation
Servicing
SAFE State Licensing
Fair Lending
Litigation Panel 2: Major Litigation and Enforcement Trends
RESPA and TILA
Wednesday, May 18, 8:45 a.m.-10:15 a.m.
Wednesday, May 18, 8:45 a.m.-10:15 a.m.
The last year has seen unprecedented attention to the Mortgage Electronic Registration System (MERS) and legal issues presented by its use. Join this authoritative panel to update you on these issues and to explore the burgeoning eMortgage business and other technology issues in this area which bear consideration as your company navigates change.
Moderator
Robert M. Couch, CMB
Counsel
Bradley Arant Boult Cummings
Speakers
Roger Fendelman
Vice President, Compliance
Interthinx
Presentation - Fendelman
Robert J. Pratte
Partner
DLA Piper US, LLP
Margo H. K. Tank
Partner
BuckleySandler, LLP
Presentation - Tank
Wednesday, May 18, 10:30 a.m.-Noon
This year has seen several developments in relation to mortgage fraud, credit related disclosures and appraisal requirements. Join this expert panel to explore this potpourri of issue areas.
Speakers
Brian Gentry
Counsel, Operational Risk Section, Consumer Real Estate Division
Wells Fargo Bank, N.A.
Presentation - Gentry
Penny A. Paplanus, CMB
Managing Director
Cognitive Options Group, LLC
Presentation - Paplanus
Andrew M. Smith
Partner
Morrison & Foerster LLP
Presentation - Smith
Joshua Weinberg
Senior Vice President Compliance
First Choice Loan Services, Inc.
Wednesday, May 18, 10:30 a.m.-Noon
This session satisfies ethics course requirements for CLE credit subject to approval by appropriate state bar accrediting agencies. Conference participants can also receive CLE credit for other conference sessions, subject to appropriate state bar accreditation
Instructor
Thomas E. Spahn
Partner
McGuireWoods LLP
Presentation - Spahn
Presentation - Spahn
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