1. BRINGING DOWN THE HOUSE ON MORTGAGE SERVICERS

2. Loan Modification Scams & Common Claims
What is a Loan Modification Scam case?

3. Loan Modification Scams & Common Claims
Case Selection
Good facts make good law
Bad clients make bad cases
Settle your worst cases try your best cases

4. Loan Modification Scams & Common Claims
What are Common Claims raised in these cases?
Practical considerations in formulating claims
Litigation strategies to consider

5. Discovery Issues in Loan Modification Scam Cases
Necessary discovery
Addressing proportionality

6. Discovery Issues in Loan Modification Scam Cases
Attacking insufficient Rule 26 Disclosures
Maintaining an aggressive posture on response timelines for written discovery

7. Discovery Issues in Loan Modification Scam Cases
Depositions
Pattern Evidence Issues under ICFA and for Punitive Damages

8. Issues in Trials of Your Loan Mod Scam Cases - Trial Preparation Strategies
When do you begin your trial preparations?
Pretrial Disclosures
Ordering of evidence

9. Issues in Trials of Your Loan Mod Scam Cases - Trial Preparation Strategies
Preparation of Witness Materials
Witness Testimony outlines
Exhibits to be offered
Liberal use of check lists

10. Issues in Trials of Your Loan Mod Scam Cases - continued
Trial Notebooks
Electronic Trial Presentation Software and Tech
Motions in Limine
When to use them
How to defend against them
Preparing your witnesses
“Know thy case”

11. Issues in Trials of Your Loan Mod Scam Cases - continued
Motions in Limine
When to use them
How to defend against them

12. Issues in Trials of Your Loan Mod Scam Cases - continued
Preparing your witnesses
“Know thy case”

13. Break-In Cases: Maximizing Your Leverage
What is a Break-In case?

14. Break-In Cases: Maximizing Your Leverage
Case Selection
Good facts make good law
Bad clients make bad cases
Settle your worst cases try your best cases

15. Break-In Cases: Maximizing Your Leverage
What are Common Claims raised in these cases?
Practical considerations in formulating claims

16. Break-In Cases: Maximizing Your Leverage
Emphasize the indefensible nature of the conduct.
A word about your complaint drafting

17. Evidentiary and Discovery Issues Preparing Break-In Cases for Trial
Mandatory documents to discover
Mandatory depositions to take
General issues observed in the litigation

18. Settling Servicing Cases Ethically

19. Billing and Recordkeeping Practices
Recordkeeping obligations for billing purposes
Common billing and record keeping pitfalls

20. Billing and Recordkeeping Practices
To disclose or not disclose?
Preparing your application for fees and expenses
Defending your application for fees and expenses

21. Settlement Theory and Practice
General Settlement Theory
The importance of making an early and reasonable settlement offer
The importance of cutting off previously rejected offers in writing
Importance of warning letters prior to commencing discovery
Importance of making an amended offer at the outset of discovery that is “plus fees and costs” going forward

22. Settlement Theory and Practice - continued
Preparing the appropriate settlement paperwork
Confidentiality agreements
Non-disparagement agreements
Types of Fee Agreements