|
Confidential Strategy™ Consultory
Case by Case Issue by Issue™
SOLUTIONS FOR MORTGAGE BANKING & RELATED INDUSTRY PARTICIPANTS,
INCLUDING SERVICERS / LENDERS / INSUREDS / INSURERS / CONDUITS / ETC.
We mitigate, arbitrate or mediate litigation, operational and surveillance risks, lawsuit and anti-trust risks and exposures, including bankruptcy-foreclosure-trustee administration and litigation risks, loss mitigation and modification risks, credit rating risks, and media headline risks. We can act as a neutral, an advocate or liaison, or work with your team to reach settlement and mitigation solutions for litigation and operational risks. We have opt-in arrangements wherein advocates in litigation, or all sides to a dispute or misunderstanding, can fashion a confidential solution with or without a public relations announcement. As recent laws, regulations and cases have greatly enhanced liability exposure, the need for voluntary resolution of such issues or lawsuits is now paramount. As Best Practices are now being tested, voluntary settlement and mitigation solutions are now vital to preserve the best interests in a going-concern as well as the industry. Opt In Safe Harbors™ and Litigation Free Zone™ can provide the framework to such resolution.
|
Benefits May Include:
*Settlement of Present & Contingent Litigation
*Enhancement of Controls Over Operational & Litigation Risks, Including:
Bankruptcy-Foreclosure-Trustee Administration Exposures, and Loss Mitigation, Modification & Refi Risks
*Obtaining or Controlling Insurance Coverage for Directors and Officers (D&O), Errors &
Omissions (E&O), Commercial General Liability (CGL), Employment Practices Liability (EPL),
Credit Risk, Accounts Receivable or Private Mortgage Insurance (MI), and
Investors Residential Value (IRV) insurance policies
*Leadership with Mitigating Positions through Proactive Solutions
*Creating Positive Media Headlines
|
|
Principal, Richard Ivar Rydstrom, Esq. works in a national joint client group with the very best nationally and internationally renound experts and attorneys, as appropriate, case by case, issue by issue. Richard Ivar Rydstrom is the CEO of ProCouncil Advisory, and creator of HotNeutral™ products including DefaultReferral™, OptInSettlement™, BKMods™, OptInMods™, Shared Built In Equity Mortgage™, Quarantined Built In Equity Shared Appreciation Mods™, LitigationFreeZone™, and OptInSafeHarbors™. Richard Ivar Rydstrom is also the Chairman of the Coalition for Mortgage Industry Solutions and on task forces seeking solutions in the mortgage and capital markets. Biography
Industry News, Solutions and Issues:
Richard Ivar Rydstrom’s Interview of Wilbur Ross re New Mortgage Modification Solutions Offered Click Here.
August 2008: PERSONS OF THE WEEK LEROY & RYDSTROM AUGUST 2008 RE BEST PRACTICES
May 2008: PERSON OF THE WEEK: Richard Ivar Rydstrom, Chairman - Click here for more info.
2008 Recent News - OptInSafeHarbors™ endorsed by AFN - As part of its Vision to be a primary catalyst of the mortgage banking community and as the forum of choice for the articulation of concerns and issues (see: http://www.e-afn.org/mission.html), the American Legal & Financial Network, (“AFN”) announces its support of Opt In Safe Harbors™ as a viable mechanism to supply the framework for self-resolution among mortgage industry participants. Click Here for Press Release
CMIS Launches Four Task Forces: Mortgageorb - Oxford,CT,USA - The AFN has chosen Richard Ivar Rydstrom, chair of CMIS, to co-chair its CLAPT, which will focus upon identifying federal, state, local and practice..Click Here.
CMIS Summit Success! On June 17, 2008, The Coalition for Mortgage Industry Solutions held its
Executive Leadership Summit in DC.
New Coalition for Mortgage Industry Solutions Click Here.
New Mortgage Industry Task Forces Click Here.
_____________________________________
Confidential Strategy™ Solutions
Can Offer Benefits of Resolving or Mitigating Litigation & Operational Risks Through
OptInSafeHarbors™ in a Litigation Free Zone™ With “Revised” Practices
* * *
2008-2012 Hidden Liability Issues:
Servicers/Lenders Trustee & AG Lawsuits
Trustee, Borrower, Investor, Shareholder and Class Action Lawsuit
Escrow Regulation Compliance / Pre & Post Petition Payments / Shortfalls
Failure to Comply with SAN* BK/Foreclosure Administration
Rating Agencies / Surveillance / Downgrades
Insurance Coverage Issues - Avoid Loss of Coverage - Defend Coverage Positions (Buy Back Litigation)
Predatory Loss Mitigation / Modification / Refi Risks
REMIC & Modification Violations (100% Tax Issues, Lawsuits, etc.)
OptInSafeHarbors™ | Litigation Free Zone™
Industry News:
2008 Servicer/Lender Special Liability Warnings:
Trustee (BK Administration) Lawsuits
*(SAN) Regulation exemption from providing Annual Escrow Account “Statement” does NOT EXCUSE
Servicer from conducting Annual Escrow “Analysis” and providing
“Notice” of account deficiencies or shortages at least once a year
per 24 CFR Section 3500.17(a),(c)(3),(f)(5),(i)(1,2).
*Chapter 13 Trustees and (Unsigned) Debtor Have Standing to Bring Claims
*Confirmed Plan is Contract Subject to Enforcement Rights & Liabilities (11 USCA 1322(b)(5)
*RESPA and (Implied/Good Faith) Contract Claims Against Lender/Servicer
Are Not Preempted by Bankruptcy
*QWR (Qualified Written Requests) must be acknowledged within 20 days and
information provided within 60 days per RESPA
* There is at least an Implied and Constructive Contract which burdens the lender/servicer to
‘account for and credit’ payments made by Chapter 13 Trustee accurately and timely
*Chapter 13 Trustee making “payments under plan” is “agent for debtor” with “standing”
OptInSafeHarbors™ | Litigation Free Zone™
Zone of Bankruptcy™
The Mortgage Industry Bankruptcy Debate Site for Directors, Officers, Attorneys, Judges & Trustees
By Invitation Only
Zone of Coverage™
The Mortgage Industry Insurance Coverage & BuyBack Repurchase Insurance Debate Site
By Invitation Only
Zone of Foreclosure™
The Mortgage Industry Foreclosure Debate Site for Executives, Servicers, Attorneys, Judges & Trustees
By Invitation Only
_______________________________________
Proprietary Solutions
Industry-Government Initiatives
Predatory Lending | Predatory Modifications Solutions
New Disclosure, Refinance & Modification Solutions
Servicer / Remote Assignee Trust Alternatives
FASB & Industry Guidelines re Valuation & Reporting Issues
Business Development
Lines of Business
Mergers & Acquisitions
Multi Tier Suitors, Investors & Solutions
Litigation, Negotiation, Settlement
Loan Buy Backs, Repurchase
Legal Risk & Asset Protections
"Secondary Market Liability for Originating Predatory Loans and Assignee Liability vs. Public Policy Concerns"
Risk Assessment, Exposure, & Mitigation
Underinsurance, Insurance Sufficiency
Loan Portfolio Issues
EPD, Repurchase Demands, Loss Mitigation, Loan Workouts, Asset Preservation, Regulation, Compliance, Fraud, Insurance Policies, Rights and Claims, Scratch & Dent Sales in the Secondary Market
Legal Interpretation of related Insurance and Agreements, from Warehouse,
Securitization, Investor, Repurchase, Servicer, Insurance (Mortgage, E&O, D&O, etc.),
REO, Performing and Non-Performing Assets
Warehouse Lines & New Issues
For information click here.
Richard Rydstrom (949) 678-2218
* * *
WARNING: LIMITATIONS OF USE OF SITE: YOU MAY NOT RELY ON SITE INFORMATION, ARTICLES OR LINKS AS LEGAL, TAX OR FINANCIAL ADVICE. YOU MUST HIRE AN ATTORNEY TO ADVISE YOU AS TO YOUR UNIQUE FACTS AND CIRCUMSTANCES.
LEGAL NOTICE: This article is not legal, tax or financial advice, and you may not rely on it for same. This is a brief non exhaustive newsworthy article and may be deemed an advertisement from the State Bar. All Rights Reserved ©2008
IRS CIRCULAR 230 DISCLOSURE NOTICE: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication is not intended or written to be used, and cannot be used by any taxpayer, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
|
