Predatory Mortgage and Consumer Lending

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1 Predatory Mortgage and Consumer Lending April 11, 2007 A Continuing Legal Education Seminar for Advocates and Iowa Volunteer Lawyers

2 Unfair, misleading and illegal lending practices can result in devastating financial losses for your clients. State and Federal law provide protections to safeguard homebuyers against unscrupulous lenders. Learn how to spot violations and how to effectively advocate for clients. AGENDA 8:30 Registration and receipt of Training Materials 8:45 Welcome/Introduction 9:00 Spotting Predatory Lending Who are the victims? What are the predatory tactics? 10:15 BREAK 10:30 Preparing the Case Client Intake Documentation 12:00 LUNCH (on your own) 1:00 Review of Case Studies 1:45 Federal Remedies Home Ownership and Equity Protection Act Truth in Lending Act Real Estate Settlement Procedures Act Presented by Michael Duran, Esq. and William J. Flanagan, Esq. 2:30 BREAK 2:45 State Remedies Unfair and Deceptive Acts and Practices Iowa Predatory Mortgage and Consumer Lending Law Review of Case Studies Presented by Jessica Dvorak, Assistant Attorney General (Consumer Protection Division), State of Iowa; Ray Johnson, Attorney at Law, West Des Moines, IA; and Nancy L. Thompson, Staff Attorney, Iowa Legal Aid 4:15 Wrap-Up and Evaluations 4:30 Adjourn

AGENDA 8:30 Registration and receipt of Training Materials 8:45 Welcome/Introduction 9:00 Spotting Predatory Lending Who are the victims? What are the predatory tactics?

3 PRESENTERS Keynote Presenters from The AARP Foundation National Legal Training Project Manuel Duran, Esq. is a partner with Duran & Flanagan, LLP in Los Angeles, California that specializes in consumer fraud cases. Following law school, Mr. Duran was awarded a National Association for Public Interest Law Equal Justice Fellowship to work with the Home Equity Fraud Prevention Task Force at Bet Tzedek Legal Services ( Bet Tzedek ) where he helped form the District Attorney s Real Estate Fraud Task Force. Mr. Duran has worked on several home equity fraud cases on behalf of elderly homeowners against lenders, brokers, and home improvement contractors and regularly provides training on consumer issues. William J. Flanagan, Esq. is currently a partner in Duran & Flanagan, LLP a private law firm in Los Angeles specializing in consumer, elder abuse and housing conditions cases. After working as a staff attorney at Legal Services of Greater Miami, he became the Director of Training at Western Center for Law & Poverty (Los Angeles) in From 1988 to 1999 he was the Director of Litigation at Bet Tzedek Legal Services (Los Angeles) where he set up a Home Equity Fraud Unit to address the various home equity scams directed against elderly homeowners in South Central Los Angeles. Approval of 5.75 hours of State and.75 hour Federal Continuing Legal Education anticipated. We thank our sponsors: The AARP Foundation National Legal Training Project, the Iowa Department of Elder Affairs, Iowa Legal Aid, Legal Services Corporation, the Polk County Bar Association Volunteer Lawyers Project and the Pro Bono Project of HELP Legal Assistance and the Scott County Bar Association.

Duran was awarded a National Association for Public Interest Law Equal Justice Fellowship to work with the Home Equity Fraud Prevention Task Force at Bet Tzedek Legal Services ( Bet Tzedek ) where he

4 SEMINAR LOCATIONS BURLINGTON: Notre Dame High School, 702 S Roosevelt Avenue. Follow posted directions to ICN Room. Free parking. CEDAR FALLS: Area Education Agency 267, 3712 Cedar Heights Drive. Free parking. CEDAR RAPIDS: Kirkwood Community College, 6301 Kirkwood Blvd. SW. Linn Hall, Room 203B. Enter front of Linn Hall and follow posted directions. Free parking. COUNCIL BLUFFS: Educational Services Center Administration, 12 Scott Street. Stop at front desk by main entrance to sign in and get directions to room. Metered parking. DAVENPORT: Eastern Iowa Community College, 326 West 3rd Street, Kahl Educational Center Room 300. Use building entrance off 3rd Street. Metered parking. DES MOINES: Veterans Affairs - Federal Building, 210 Walnut Street, Des Moines. Room 975. Enter building on Walnut Street or from skywalk level (must go through security check station). Pay parking in the ramp south of the building. DUBUQUE: Keystone Area Education Agency, 2310 Chaney Road. Room 2. Free parking. IOWA CITY: Iowa City Public Library, 123 South Linn Street. Meeting Room D. Follow posted directions to room (Enter lobby, proceed to end of Meeting Room Hallway). Metered parking or use parking ramp 1 block south of library. MASON CITY: Mason City High School, 1700 Fourth SE. Room 113. Enter NE corner of high school building. Free parking. SIOUX CITY: Department of Human Services. 822 Douglas Street. ICN Room on 4th Floor. Metered parking. Contact Iowa Legal Aid if you need details on the site where you will attend.

COUNCIL BLUFFS: Educational Services Center Administration, 12 Scott Street. Stop at front desk by main entrance to sign in and get directions to room. Metered parking.

5 Predatory Mortgage and Consumer Lending April 11th, 2007 Please register BY APRIL 1ST if you plan to attend this seminar. For participants who are not staff members of the Iowa Department of Elder Affairs or a non-profit organization providing services to low-income or elderly Iowans, the cost of this seminar is $150. A discounted fee of $100 is extended to attorneys who take part in the Iowa Legal Aid Volunteer Lawyers Project or the Polk County Bar Association Volunteer Lawyers Project or the Pro Bono Project of HELP Legal Assistance and the Scott County Bar Association. Please check appropriate box(es) below: I am a participant in the Iowa Legal Aid/Polk County Bar Association Volunteer Lawyers Project or the Pro Bono Project of HELP Legal Assistance and the Scott County Bar Association and am eligible for the discounted registration fee of $100 per participant for this seminar. I am an attorney who is not a participant in a VLP or Pro Bono Program and will pay the full cost of $150. I am a staff member of the Iowa Department of Elder Affairs or a non-profit organization providing services to low-income or elderly Iowans and am eligible to attend free of charge. PROBONO.NET/IOWA DISCOUNT: I am member of or will join the Civil Law Practice Area of probono.net/iowa for an additional $20 discount off the registration fee. My/our check for $ is enclosed, payable to Iowa Legal Aid. I am FAXing this registration and will pay my registration fee at the site where I will attend. I am an individual with disabilities and will require special accommodations to take part in this event. Check this box if you are willing to consider accepting pro bono cases involving consumer law issues and you are not currently being contacted by a Volunteer Lawyers Project concerning referrals in this area of the law. Thank you. Please check the site where you wish to attend: BURLINGTON CEDAR FALLS CEDAR RAPIDS COUNCIL BLUFFS DAVENPORT DES MOINES DUBUQUE IOWA CITY MASON CITY SIOUX CITY IMPORTANT NOTICE: Register by April 1 if you plan to attend this seminar. Sites without sufficient support to cover the cost of including the location may be deleted from this session. If none of the sites are convenient for you, please contact David Huston at 515/ extension 1632 to discuss the possibility of an additional site for this seminar. NAME: ADDRESS: CITY/ZIP CODE TELEPHONE: FAX: Mail or fax this page to: David Huston, Iowa Legal Aid, th Street, Ste. 230, Des Moines, Iowa The FAX number is (515) dhuston@iowalaw.org

A discounted fee of $100 is extended to attorneys who take part in the Iowa Legal Aid Volunteer Lawyers Project or the Polk County Bar Association Volunteer Lawyers Project or the Pro Bono Project of

Helping Elderly Homeowners Victimized by Predatory Mortgage Loans

Helping Elderly Homeowners Victimized by Predatory Mortgage Loans Equity-rich, cash poor elderly homeowners are an attractive target for unscrupulous mortgage lenders. Many elderly homeowners are on fixed