Geoffrey K. Milne, Managing Litigation Partner, McCalla Raymer Leibert Pierce, LLC to Speak at TKG’s Lender Liability in Commercial and Residential Foreclosures
Geoffrey K. Milne, Managing Litigation Partner, McCalla Raymer Leibert Pierce, LLC will speak at its webcast entitled, “Lender Liability in Commercial and Residential Foreclosures and under the Perishable Agricultural Commodities Act” scheduled on October 16, 2019 from 3:00 PM to 5:00 PM ET.
- (1888PressRelease) October 07, 2019 - The Knowledge Group, the leading producer of regulatory focused webcasts, has announced today that Geoffrey K. Milne, Managing Litigation Partner, McCalla Raymer Leibert Pierce, LLC will speak at its webcast entitled, “Lender Liability in Commercial and Residential Foreclosures and under the Perishable Agricultural Commodities Act.” This event is scheduled for October 16, 2019 from 3:00 PM to 5:00 PM ET.
For further details, please visit: https://www.theknowledgegroup.org/webcasts/trends-and-developments-in-lender-liability/
About Geoffrey K. Milne
Geoffrey K. Milne is the Managing Litigation Partner of the Connecticut Litigation Group for McCalla Raymer Leibert Pierce, LLC. With over 25 years of experience, Mr. Milne has represented banks, mortgage companies, and servicers in lender liability, business torts, mortgage fraud, title insurance and consumer related claims under truth in lending, fair credit reporting, and fair debt collection matters through trial and appeal in Connecticut and Federal Courts. Attorney Milne extends his expertise in these matters at various national litigation conferences. In addition to this, Mr. Milne has been recognized as a Connecticut Super Lawyer involving business and creditor’s rights litigation from 2011-2018.
About McCalla Raymer Leibert Pierce, LLC
Mccalla Raymer Leibert Pierce is a leading provider of legal services to the financial services and mortgage banking industries in the states of Alabama, California, Connecticut, Florida, Georgia, Illinois, Mississippi, Nevada, New Jersey and New York. Since formation in 1982, the firm has been committed to providing clientele with superior and efficient representation. The firm handles a full range of regulatory compliance issues, legislative issues, residential and commercial foreclosures, retail closings, commercial transactions, commercial litigation, bankruptcies, evictions, and related litigation matters for many of the nation's largest financial institutions. In concentrating the practice on the representation of banks, credit unions, investors, hedge funds, and large mortgage servicing entities, McCalla Raymer Leibert Pierce has earned a reputation as a leader in the financial services and mortgage banking industries, working in tandem with its clients to achieve their goals and minimize their risk.
Abstract
Lender liability in the context of foreclosing a mortgage can arise in a number of ways, from inadequate evidence to support the cause of action to defenses and counterclaims alleging various state and federal causes of action. This program will address ways in which lenders can minimize their liability, including:
Federal Court Jurisdiction
proof of debt and business records issues;
Rooker Feldman doctrine;
Removal rights;
diversity jurisdiction to foreclose a mortgage;
Spokeo, standing and damages under federal causes of action (FDCPA, FCRA, TILA);
Appeals and stay issues;
Bankruptcy
preserving setoff rights on discharged debts against affirmative claims
Loss Mitigation litigation
Consumer fee applications under state law
TILA After Jesinoski
The Perishable Agricultural Commodities Act, the PACA, creates a statutory trust in favor of unpaid suppliers of perishable fruits and vegetables who sell produce on credit to marketing companies, wholesalers, distributors, and even grocers and restaurants. The PACA subordinates a lender’s security interests in the trust assets of the buyer of the produce until the produce supplier has been paid in full for the produce sales. If the lender is paid first, while produce suppliers are unpaid, a lender may be required to disgorge any monies received from its produce company customer unless the lender can prove it was a bona fide purchaser for value.
This program will address the general nature and attributes of the PACA trust, the potential lender liability under the PACA for receipt of trust assets, the recovery of damages and other relief under the PACA, and practical steps for a lender to take to successfully do business with customers in the multi-billion dollar U.S. produce industry without unknowingly incurring lender liability under this important, industry specific law.
About The Knowledge Group
The Knowledge Group was established with the mission to produce unbiased, objective, and educational live webinars that examine industry trends and regulatory changes from a variety of different perspectives. The goal is to deliver a unique multilevel analysis of an important issue affecting business in a highly focused format. To contact or register to an event, please visit: http://theknowledgegroup.org/.
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