Tim D. Henkel with Henkel & Cohen, P.A. to Speak at TKG’s Lender Liability in Commercial and Residential Foreclosures Webinar
Tim D. Henkel, Partner, Henkel & Cohen, P.A. 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) September 17, 2019 - The Knowledge Group, the leading producer of regulatory focused webcasts, has announced today that Tim D. Henkel, Partner, Henkel & Cohen, P.A. 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 Tim D. Henkel
Timothy “Tim” Henkel has been practicing law for 31 years, including the representation of produce companies for 25 years. After serving as a judicial law clerk for a Federal Judge in Fort Lauderdale, Tim worked for two boutique commercial litigation firms in Miami, prior to joining his partner Ira Cohen to form Henkel & Cohen. Tim graduated college from the University of Virginia and obtained his law degree in 1988 from George Mason University School of Law where he was an editor of the law review, graduated tenth in his law school class, and won a moot court competition. Tim is a member of the Virginia, Florida, and California Bars. He is a proud member of the “Broccoli Bar,” as one of the small number of attorneys in the U.S. that regularly represents produce companies including on matters involving the Perishable Agricultural Commodities Act and the USDA’s PACA regulations.
About Henkel & Cohen, P.A.
Henkel & Cohen, P.A. is a Miami law firm with two founding partners, Tim Henkel and Ira Cohen, both former Federal law clerks and each of whom has been practicing law for over 30 years. The firm represents clients on transactional matters, business counseling, contract preparation and review, and intellectual property (trademark and copyright). Henkel & Cohen also handles business litigation in both state and Federal trial and appellate courts, in arbitration proceedings, and in trademark proceedings before the US Patent and Trademark Office. In addition to counseling growers, lenders, and produce marketing companies on the Perishable Agricultural Commodities Act, the firm has since 1994 been regularly represents produce businesses in Federal Court PACA Trust enforcement proceedings, breach of contract matters arising from the trading of produce and grower\marketer disputes, PACA reparation complaints, USDA disciplinary complaints against PACA licensees, and business torts.
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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