“Space, The Final Frontier: The Law Governing Standing To Enforce Mortgage Notes and Loans: An Overview of the Transactional, Legal and Bankruptcy Aspects”

The panel will analyze the rules governing the sale and transfer of mortgage notes, including a discussion of the impact of Articles 3 and 9 of the UCC, the recent PEB Report on standing to enforce mortgage notes and relevant caselaw. This will include the Ibanez case from the Supreme Judicial Court of Massachusetts (which triggered the PEB Report by ignoring the UCC entirely), In re Veal from the Ninth Circuit BAP, and other recent cases that address who can enforce mortgage notes and agency issues relating to MERS. The speakers will also address standing issues related to securitization vehicles and syndicated loans, with a focus on the issue of whether individual lenders have standing to enforce as opposed to the relevant servicer or agent. Consideration will also be given to the potential difference between such standing and a lender’s ability to vote on a reorganization plan in a Chapter 11 case. Both transactional and enforcement aspects, including perfection, will be covered.

Speakers: Dennis B. Arnold, Gibson, Dunn & Crutcher LLP; Gabriel R. MacConaill, Sidley Austin LLP; James D. Prendergast, First American and Adjunct Professor at Pepperdine and Loyola

Location: The City Club, 333 S. Grand Avenue, Los Angeles, California

Time: 6:00 pm – 7:00 pm Registration and Cocktail Reception with Appetizers & Buffet; 7:00 pm – 8:00 pm  Program

Cost: $70.00 FLC Member $85.00 Nonmembers $40.00 Lawyers in Gov’t Svc.

Financial Lawyers Conference 214 Main Street, #336, El Segundo, CA 90245 (310) 322-1350 Federal Tax ID# 23-7448511

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