Law Review Symposium 2012: The Mortgage Foreclosure Crisis

Professor Bill Breetz gives opening talk
Morning panel discussion: Systemic Effects of the Mortgage Foreclosure Crisis
Afternoon panel discussion: Looking Forward: Lessons Learned from the Mortgage Foreclosure Crisis

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