HomeWebcastLender Liability in Commercial and Residential Foreclosures and under the Perishable Agricultural Commodities Act
Online CLE Lender Liability CLE

Lender Liability in Commercial and Residential Foreclosures and under the Perishable Agricultural Commodities Act

Live Webcast Date: Wednesday, October 16, 2019 from 3:00 pm to 5:00 pm (ET)
Commercial/Consumer Law (CLE)Live Webcast
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Add to Calendar 10/16/2019 3:00 pm 10/16/2019 5:00 pm America/New_York The Knowledge Group Webinar: Lender Liability in Commercial and Residential Foreclosures and under the Perishable Agricultural Commodities Act If you haven’t registered for this event please click here:https://www.theknowledgegroup.org/checkout/?add-to-cart=151064\r\n 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: \n \n \n Federal Court Jurisdiction \n \n proof of debt and business records issues; \n Rooker Feldman doctrine; \n Removal rights; \n diversity jurisdiction to foreclose a mortgage; \n Spokeo, standing and damages under federal causes of action (FDCPA, FCRA, TILA); \n Appeals and stay issues; \n \n \n Bankruptcy \n \n preserving setoff rights on discharged debts against affirmative claims \n \n \n Loss Mitigation litigation \n Consumer fee applications under state law \n TILA After Jesinoski \n \n \nThe 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. \n \nThis 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. https://www.theknowledgegroup.org/webcasts/lender-liability-in-commercial-and-residential-foreclosures/

Online CLE Lender Liability

Join us for this Knowledge Group Online CLE Lender Liability Webinar. 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.

Agenda

SEGMENT 1:
Geoffrey K. Milne, Managing Litigation Partner
McCalla Raymer Leibert Pierce, LLC
  • 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

SEGMENT 2:
Tim D. Henkel, Partner
Henkel & Cohen, P.A.
  • What is the PACA Trust and who are the beneficiaries of the Trust?
  • The Trust’s impact upon secured creditors – secured interests are subordinated to the beneficial interests of unpaid produce suppliers; and the remedies available against the lender for a trustee’s dissipation of the assets of the PACA Trust.
  • The Lender’s defenses to liability, consisting primarily of proof that the lender is a bona fide purchaser for value of the PACA Trust assets. Also, the important and central requirement in the BFP defense that the lender does not know nor should have known that the purchaser of produce was not violating the Trust by making payments to the lender, including when a duty of reasonable inquiry is triggered.
  • How lenders can effectively deal with the PACA Trust and reasonably assure they will not be found liable for violations of the PACA Trust.

Who Should Attend

  • Loan Officers
  • Loan Operations Staff
  • Collection Personnel
  • Lawyers in Banking and Finance
  • General Counsel
  • Bank and Financial Institution Executives
  • Chief Financial Officers
  • Financial Services Firms

Online CLE Lender Liability

SEGMENT 1:
Geoffrey K. Milne, Managing Litigation Partner
McCalla Raymer Leibert Pierce, LLC
  • 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

SEGMENT 2:
Tim D. Henkel, Partner
Henkel & Cohen, P.A.
  • What is the PACA Trust and who are the beneficiaries of the Trust?
  • The Trust’s impact upon secured creditors – secured interests are subordinated to the beneficial interests of unpaid produce suppliers; and the remedies available against the lender for a trustee’s dissipation of the assets of the PACA Trust.
  • The Lender’s defenses to liability, consisting primarily of proof that the lender is a bona fide purchaser for value of the PACA Trust assets. Also, the important and central requirement in the BFP defense that the lender does not know nor should have known that the purchaser of produce was not violating the Trust by making payments to the lender, including when a duty of reasonable inquiry is triggered.
  • How lenders can effectively deal with the PACA Trust and reasonably assure they will not be found liable for violations of the PACA Trust.

Online CLE Lender Liability

Online CLE Lender Liability

Geoffrey K. MilneManaging Litigation PartnerMcCalla Raymer Leibert Pierce, LLC

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.

Online CLE Lender Liability

Tim D. HenkelPartnerHenkel & Cohen, P.A.

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.


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Online CLE Lender Liability

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   Live Webcast

Prerequisite:
   General knowledge of lender liability law

Course Code:
   148625

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

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.

Website: https://www.mccalla.com/

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 growermarketer disputes, PACA reparation complaints, USDA disciplinary complaints against PACA licensees, and business torts.

Website: http://www.miamibusinesslitigators.com/

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.

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.

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