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Preliminary Program

 

 

September 13, 2017

11:00a - 3:30p

Mt. Princeton
RESPRO Board Meeting

 

4:00p – 5:15p
Aspen Ballroom

Opening General Session

 

 

Top Issues Facing the Industry: A View from American Land Title Association

Michelle Korsmo, CEO, American Land Title Association

 

 

 

  

  

  

 

 

The Real Estate Industry: A State Regulator's Perspective

Marcia Waters, Division Director, Colorado Department of Regulatory Agencies, Division of Real Estate

 

 

 

 

 

 

 

5:30p-6:30p 
RESPROPAC Reception

Aspen Foyer

 

6:30p
Open Night in Denver

 

 

September 14, 2017

8:00a – 9:00a

Aspen Ballroom

Breakfast

 

9:30a-11:45a

Breakout Sessions

 

9:30a – 10:30a

Mt. Sopris A

Managing Digital Assets and Co-Marketing in an Industry Where Compliance Really Matters

This panel of industry experts will share best practices surrounding common arrangements, compliance issues, and management needs. Panelists will discuss typical joint-marketing requests from real estate brokers and other co-marketers, and assess management needs of lenders and others in co-marketing agreements. Attendees of this session will learn how the CFPB is interpreting RESPA compliance and how to position your co-marketing efforts in the best light. Attendees will also learn about digital marketing, technology, valuation and verification best practices from service providers to the settlement service industry. Be prepared to walk away from this session ready to implement a co-marketing program you are comfortable defending with Regulators.

 

Maroon Peak

E-notarization & Remote E-notarization: Here and Now

In this session attendees will learn: 

  1. Efficiencies to be obtained by e-notarization and remote e-notarization in the purchase money transaction and refinance
  2. Technical issues with e-notarization and their solutions
  3. Title underwriting challenges of e-notarization
  4. State-by-state expansion of e-notarization and impact of the new Texas law
  5. How your title agency and lending arm can take advantage of e-notarization to increase efficiencies and deliver a better consumer experience

 

Mt. Sopris B

The Real Skinny on CFPB Investigations
Hear from a former CFPB Assistant Litigation Deputy, Sarah Auchterlonie, who oversaw the administrative PHH trial, and defense counsel from Foley, who regularly handle CFPB investigations and interacted with Sarah on several occasions about the key decision points and issues that typically arise in a CFPB investigation and the what factors may be determinative.  Learn what factors the Bureau looks for in building its cases and under what circumstances it may decide not to bring cases. Hear how defense counsel can both work cooperatively with Bureau staff and/or maintain vigorous opposing positions to negotiate cost effective resolutions to investigations or persuade the Bureau to terminate an investigation. 

 

10:45a – 11:45a

Mt. Sopris A

RESPA Compliance in Web Marketing and Co-Marketing: Zillow in the CFPB Crosshairs 

Learn from leading RESPA attorneys how to distinguish rumor from fact in all the noise about the publicly announced investigation of Zillow in relation to RESPA.  Gain critical insight to the keys to maintaining and evidencing compliance in your web marketing and co-marketing relationships in light of recent CFPB enforcement actions

 

Maroon Peak

How to Hire (and Keep) a High Performance In-House Loan Officer
Achieving a high capture rate for an affiliated mortgage business means delivering superior service, which means having a superior loan originator.  Leaders of successful in-house mortgage companies will share how they select, compensate, assign, train and manage their in-house loan officers.

 

Mt. Sopris B

Forward Thinking on Joint Ventures and Advertising Agreements: How to Assess your Practices Today to Avoid Risks Tomorrow
In this era of change, providers eschewed joint ventures and embraced marketing agreements, only to have regulators disparage marketing agreements. Now many providers have moved or are moving back to ABAs.  In the current environment, where long-standing legal precedents are ignored and there is uncertainty about the rules of the road, industry needs to step back and consider what strategies and techniques can best be employed to pursue business goals while minimizing regulatory and class action risk.  This session will analyze JVs, advertising/lead share agreements and other kinds of ABAs and joint marketing arrangements in the marketplace and discuss their pros and cons, regulatory issues they may present now and in the future, and ways to reduce risk. RESPRO Members Only

 

12:00n - 1:00p

Aspen Ballroom

Luncheon

 

1:15p - 3:45p
Breakout Sessions

 

1:15p – 2:15p

Mt. Sopris A

The Latest Developments in RESPA and UDAAP Enforcement by the CFPB, Other Regulators, and the Class Action Bar

Even as the entire DC Circuit contemplates the constitutionality of the CFPB and the proper interpretation of RESPA Section 8(c)(2), the Bureau, State AGs, other regulators  continue to  investigate industry practices and, together with the  plaintiffs’ class action bar, are bringing and/or litigating new cases with new theories in federal, state, and/or  administrative proceedings.  In this session Phil and Jay will review the latest developments, theories, and areas of concern that can affect your business and marketing strategies, as well as your bottom line.  You can also share your concerns and get these experts feedback on how you might address them.

 

Maroon Peak

Four Myths and One Terrifying Truth About Escrow Fraud

Loss due to cybercrime is projected to reach $2.1 trillion by 2019. Real estate, mortgage, and escrow professionals have been singled out for a special brand of fraud involving bogus fund transfer instructions. Even as the news coverage of these events intensifies, myths persist about how to avert them.  In this session, we'll dissect the myths about these crimes, the so-called silver bullets, and the piles of money being spent -- and lost -- in the battle to contain this menace. And we'll face one terrifying truth: If you've had any dealing with anyone who's hit with escrow fraud, you will be ensnared in litigation. You'll walk away knowing the essential elements for protecting yourself. They aren't the solutions the firewall vendors are pitching, and they aren't the ones your IT department suggests (probably).

  • Ira Victor, Digital Forensic Practitioner, DiscoveryTechnician

 

Mt. Sopris B

Anatomy of Two CFPB Trials

This past year, two CFPB enforcement actions went to trial in federal court – one in Wisconsin and the other in California.  Contested trials like that are rare.  This presentation will break down those two cases, explaining how they got to trial, key court rulings, how the CFPB litigated in the courtroom, and critical strategies that ultimately helped or hurt the defending companies.  Attendees will come away with a solid understanding of what it’s like to battle against the CFPB in live courtroom proceedings

 

2:30p – 3:30p

Mt. Sopris A

Increasing Your Business From Agents and Brokers OTHER Than Through ABAs, MSAs & Co-Marketing

Learn how to leverage RESPA’s exceptions for normal promotional and educational activities, leases and more

 

Maroon Peak

Top Lender Initiatives in 2018 and How Their Business Relationships May Be Impacted
With the change in administrations and renewed calls for regulatory reform in financial services, growth and a push for industry consolidation are once again a focus for many financial institutions. However, lenders remain challenged by traditional and emerging areas of risk. A panel of experts will discuss the prospects for growth and consolidation in the industry as well as significant areas of risk for financial institutions in 2017, what to look for in 2018 and how these considerations may impact vendor and partner relationships.

 

Mt. Sopris B

CFPB’s Reliance On UDAAP to Make Its Case
Review best practices for vendor risk management and CFPB investigations, consent orders and enforcement action that focus on liability of SSP and other consumer financial services companies for vendor’s conduct.  This will provide a clear and helpful guidance on how those who are vendors of SSP can tailor their operations so that they do not present risk to their customers and are more attractive as vendors.

 

3:45p - 5:00p

Aspen Ballroom
Closing General Session
No More Doomsday Thinking! How to Position Your ABAs for Success

The efficiencies of a well-run and compliant affiliated business can be an advantage in meeting today’s new regulatory challenges.  You’ll hear from a cross-industry panel of successful executives of diversified companies about what these advantages are, and about how you can position your affiliated businesses to get a competitive edge in this re-regulated world.

 

5:15p - 7:00p

Aspen Foyer

“Wine” Down Networking Reception

 

 


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