Foreclosure Law in Colorado: Post Pandemic Out of Stock
Co-Sponsored by the Colorado Bar Association Real Estate Section
Learn Colorado’s unique public trustee foreclosure process that employs the expedited Rule 120 judicial proceeding. Each Colorado county has a designated public trustee who facilitates foreclosures, which make up most real property foreclosures in Colorado, and are generally seen as less complicated, less expensive, and less time-consuming than traditional judicial foreclosures. This discussion will include detailed information about updates to Rule 120, its application, judicial foreclosure alternatives, deeds in lieu of foreclosure, and workout agreements. Additional topics include receiverships and the impact of bankruptcy as well as federal regulations on foreclosures.
Home studies will be available approximately 2-3 weeks following the live program.
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Depending on CDC and/or state or local health guidelines, a rise in COVID-19 cases, or other circumstances that may threaten the well-being of our attendees, CBA-CLE reserves the right to convert to a fully virtual event.
If disability accommodations or special assistance are needed, please contact us at [email protected]. Requests must be made at least two weeks prior to the scheduled program.
The program will be submitted for CLE accreditation in Colorado. If you need to seek accreditation in another state, please review the process and requirements for that individual state. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee’s responsibility to complete the accreditation outside of Colorado.
8:30 – 8:35 am
Welcome and Introduction
Presented by Holly Ryan, Esq., Deputy Treasurer Public Trustee, Jefferson County, Program Chair
8:35 – 10:00 am
Public Trustee Foreclosures
This segment will present an overview of public trustee foreclosure law in Colorado and discuss common issues practitioners may encounter.
Presented by Britney Beall-Eder, Esq., and Elizabeth S. Marcus, Esq., Frascona, Joiner, Goodman and Greenstein, P.C.
10:00 – 10:15 am
Q&A and Networking Break
10:15 – 11:00 am
Rule 120 Proceedings
- Why is Rule 120 controversial?
- Why is Colorado unique in its foreclosure procedure?
- Foreclosure defense strategies examined
- Revised Rule 120 in practice: observations and input
Presented by Holly Shilliday, Esq., McCarthy & Holthus, LLP
11:00 – 12:00 pm
Federal Regulatory Issues in Foreclosure
The Servicemembers’ Civil Relief Act must be complied with in any foreclosure, public trustee or judicial, brought against a defined servicemember. The Fair Debt Collections Practices Act (both the Federal Act and the Colorado corollary) impact certain attorneys that fall within the definition of a debt collector. Finally, the Consumer Financial Protection Bureau mortgage servicing rules impact mortgage servicers, but it is helpful for attorneys that represent servicers and borrowers to be familiar with the CFPB rules. This segment will highlight some of the provisions of each of these federal regulations and laws and present useful strategies for navigating each.
Presented by Deanne R. Stodden, Esq., Messner Reeves LLP
12:00 pm – 12:30 pm
Lunch Break (Box Lunches Included)
12:30 – 1:15 pm
Judicial Foreclosures
Public trustee foreclosures work well for foreclosing most deeds of trust. But what happens when things get sticky? Discuss when a judicial foreclosure is the right choice, defense strategies, and hear judicial and law enforcement perspectives of the process.
Presented by Geoffrey P. Anderson, Esq., Anderson Notarianni McMahon LLC
1:15 – 2:15 pm
Receivership — Nuts and Bolts for Practitioners
Learn the basics of selecting and appointing a receiver, how receivers operate, as well as their powers and responsibilities. Explore unique situations where a receiver can be an invaluable tool. Learn to navigate special receivership situations including bankruptcy, asset vs. entity receivers, UCC issues, and receiver borrowing. Can a receiver really do that? See the big picture; mine valuable nuggets!
Presented by Christian H. Hendrickson, Esq., Sherman & Howard LLC
2:15 – 2:30 pm
Q&A and Networking Break
2:30 – 3:30 pm
Foreclosure and Bankruptcy
This segment of the program will answer all your questions about the intersection of foreclosure and bankruptcy, including:
- What is the Difference Between the Various Types of Bankruptcy Filings?
- What is the Automatic Stay and How Does it Affect Creditors?
- How are Payment Terms Determined in Bankruptcy?
- What is Included in “Property of the Estate?”
- What Happens When the Trustee Asserts Claims Against Creditors?
- How do Dismissal and Discharge Affect the Debtor-Creditor Relationship?
Presented by Jennifer Rogers, Esq., IDEA Law Group, and additional speaker TBA
3:30 – 4:30 pm
Workouts and Deeds in Lieu of Foreclosure
Issues with troubled loans can sometimes be resolved by agreement between the lender and borrower. These workout arrangements can take a variety of forms, depending on the circumstances. Deeds in lieu of foreclosure can come into play where surrender of the real property security is a part of the deal. These topics will be addressed in an overview of loan workouts and deeds in lieu of foreclosure.
Presented by Bill E. Kyriagis, Esq., Otten Johnson Robinson Neff + Ragonetti PC
4:30 pm
Adjourn
- Standard Price $519.00 USD
- Member Price $389.00 USD
- General Credits 8.00
- Ethics Credits
8:30 – 8:35 am
Welcome and Introduction
Presented by Holly Ryan, Esq., Deputy Treasurer Public Trustee, Jefferson County, Program Chair
8:35 – 10:00 am
Public Trustee Foreclosures
This segment will present an overview of public trustee foreclosure law in Colorado and discuss common issues practitioners may encounter.
Presented by Britney Beall-Eder, Esq., and Elizabeth S. Marcus, Esq., Frascona, Joiner, Goodman and Greenstein, P.C.
10:00 – 10:15 am
Q&A and Networking Break
10:15 – 11:00 am
Rule 120 Proceedings
- Why is Rule 120 controversial?
- Why is Colorado unique in its foreclosure procedure?
- Foreclosure defense strategies examined
- Revised Rule 120 in practice: observations and input
Presented by Holly Shilliday, Esq., McCarthy & Holthus, LLP
11:00 – 12:00 pm
Federal Regulatory Issues in Foreclosure
The Servicemembers’ Civil Relief Act must be complied with in any foreclosure, public trustee or judicial, brought against a defined servicemember. The Fair Debt Collections Practices Act (both the Federal Act and the Colorado corollary) impact certain attorneys that fall within the definition of a debt collector. Finally, the Consumer Financial Protection Bureau mortgage servicing rules impact mortgage servicers, but it is helpful for attorneys that represent servicers and borrowers to be familiar with the CFPB rules. This segment will highlight some of the provisions of each of these federal regulations and laws and present useful strategies for navigating each.
Presented by Deanne R. Stodden, Esq., Messner Reeves LLP
12:00 pm – 12:30 pm
Lunch Break (Box Lunches Included)
12:30 – 1:15 pm
Judicial Foreclosures
Public trustee foreclosures work well for foreclosing most deeds of trust. But what happens when things get sticky? Discuss when a judicial foreclosure is the right choice, defense strategies, and hear judicial and law enforcement perspectives of the process.
Presented by Geoffrey P. Anderson, Esq., Anderson Notarianni McMahon LLC
1:15 – 2:15 pm
Receivership — Nuts and Bolts for Practitioners
Learn the basics of selecting and appointing a receiver, how receivers operate, as well as their powers and responsibilities. Explore unique situations where a receiver can be an invaluable tool. Learn to navigate special receivership situations including bankruptcy, asset vs. entity receivers, UCC issues, and receiver borrowing. Can a receiver really do that? See the big picture; mine valuable nuggets!
Presented by Christian H. Hendrickson, Esq., Sherman & Howard LLC
2:15 – 2:30 pm
Q&A and Networking Break
2:30 – 3:30 pm
Foreclosure and Bankruptcy
This segment of the program will answer all your questions about the intersection of foreclosure and bankruptcy, including:
- What is the Difference Between the Various Types of Bankruptcy Filings?
- What is the Automatic Stay and How Does it Affect Creditors?
- How are Payment Terms Determined in Bankruptcy?
- What is Included in “Property of the Estate?”
- What Happens When the Trustee Asserts Claims Against Creditors?
- How do Dismissal and Discharge Affect the Debtor-Creditor Relationship?
Presented by Jennifer Rogers, Esq., IDEA Law Group, and additional speaker TBA
3:30 – 4:30 pm
Workouts and Deeds in Lieu of Foreclosure
Issues with troubled loans can sometimes be resolved by agreement between the lender and borrower. These workout arrangements can take a variety of forms, depending on the circumstances. Deeds in lieu of foreclosure can come into play where surrender of the real property security is a part of the deal. These topics will be addressed in an overview of loan workouts and deeds in lieu of foreclosure.
Presented by Bill E. Kyriagis, Esq., Otten Johnson Robinson Neff + Ragonetti PC
4:30 pm
Adjourn
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