Law Review Symposium 2012: The Mortgage Foreclosure Crisis

9:00-9:50
Professor Bill Breetz gives opening talk
10:00-12:00
Morning panel discussion: Systemic Effects of the Mortgage Foreclosure Crisis
2:00-4:00
Afternoon panel discussion: Looking Forward: Lessons Learned from the Mortgage Foreclosure Crisis
4:00-5:00
Reception

The opening talk and panel discussions will be held in the courtroom at the University Arkansas School of Law in Fayetteville.

These will be live-streamed to the UALR Bowen School of Law courtroom for CLE credit. Viewers at Bowen will be able to ask presenters questions.

First Panel: Systemic Effects of the Mortgage Foreclosure Crisis

Moderated by Professor Dale Whitman

Professor Lynn Foster: Current aspects of Arkansas foreclosures, specifically our nonjudicial foreclosure statute and attacks on it. As well as current cases like County Clerks v. MERS, and cases based on robo-signing.

Professor Debra Stark: Cognitive and psychological phenomena of homeowners in the mortgage foreclosure crisis, including the effectiveness of disclosure forms.

Professor Kurt Eggert: How the problems with negotiability of notes and securitization have added to the foreclosure crisis, and propose fixes.

April Charney: The systemic chain of title problems and fraud issues, and the subsequent consequences to homeowners, communities, and pensions.

John Valdivielso: Mortgage loan servicing and loss mitigation programs developed by Freddie Mac, Fannie Mae and FHFA to help workout defaulting loans and shorten the crisis.

Fred Burnside: Commentator

Second Panel: Looking Forward: Lessons Learned from the Mortgage Foreclosure Crisis

Moderated by Professor Lynn Foster

Bill Beckman: President and CEO of Mortgage Electronic Registration Systems, Inc. (MERS) and will discuss the benefits of the electronic registration of mortgage loans and myths surrounding MERS

Professor Dale Whitman: the uncomfortable intersection of negotiable notes and nonjudicial foreclosure.

Tom Cox: research on whether a mere holder of a negotiable note secured by a mortgage can foreclose that mortgage, or whether UCC Article 9, and perhaps common law, permit only a party who is also the owner of that note to foreclose.

Heather Kulp: mortgage foreclosure dispute resolution (mediation).

Professor Grant Nelson: proposal for future Congressional action to remedy strategic defaults.

Professor Bruce Kramer: commentator