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  • Description

    The Statutory Law that formed the basis for the Fundamental Defenses available to practitioners had an original intent. The law enabled practitioners to apply on behalf of their clients to defend a foreclosure action or advance their right under laws pertaining to good faith negotiations in settlement conferences. The goal is to be awarded a loan modification or other adjustment in order to avoid foreclosure, judgement or the revocation of equity. This CLE course will provide a basic working knowledge of defense against foreclosure practices. It will cover fundamental issues from 2008-2019 and relevant case law including due process, good faith, and settled principles of equity related to 1-4 family residences, co-ops, and condominiums and how to avoid foreclosure in all instances possible.

  • Instructor Bio

    Yolande Nicholson

    YolandeI. Nicholson, Esq. A graduate of Columbia University School of Law, Yolande I. Nicholson, Esq. began her legal career in 1990 as a corporate finance attorney in the capital markets group at Cleary, Gottlieb, Steen & Hamilton (where she also provided pro bono counsel to many community and economic development groups and causes).

    In 1997, Ms. Nicholson went in-house in the legal department at The Chase Manhattan Bank, as part of the capital markets group, where she first served as vice president and assistant general counsel, and then as vice president/global money markets transactions manager at Chase’s investment bank, JPMorgan Securities Inc.

    In 2003, as an executive on loan from JPMorgan Securities, she worked with the Bedford Stuyvesant Restoration Corporation (BSRC) on restructuring and refinancing BSRC’s primary commercial and affordable-housing assets, and its community development and business partnerships, as part of its turnaround plan. In 2004 to 2006, she served as BSRC’s general counsel and executive vice president. In 2006, Ms. Nicholson returned to corporate finance practice as a senior attorney in the capital markets/financial products group at Clifford Chance. There, she worked on complex, structured finance transactions. In 2009, Ms. Nicholson was named chief counsel to Congressman Edolphus “Ed” Towns, then Chair of the House of Representatives’ Committee on Oversight and Government Reform. Ms. Nicholson then served, in 2009 and 2010, as Rep. Towns’ foreclosure constituent case manager for the 10th Congressional District in Brooklyn implementing the federal government’s HAMP program to save homeownership. In 2010, Nicholson began her private legal practice, specializing in foreclosure prevention and defense. Ms. Nicholson has published a number of articles in this area of practice. Ms. Nicholson also conducted training seminars for housing counselors and attorneys on securitization of mortgage laws prior to 2008, and about laws in place to preserve homeownership and advance due process in foreclosure proceedings. In 2011, she pioneered the formation and development of the New York State Foreclosure Defense Bar (NYSFDB). In 2016, NYSFDB initiated legislative amendments to CPLR 3408 (to advance good-faith negotiations between the parties), and, in 2019, supported the enactment of New York Senate Bill 5061 (to affirm the Legislature’s 2008 intent that standing is an essential element in foreclosure actions).

    Ms. Nicholson continues to work closely with nonprofit legal providers to ensure that the New York State Legislature’s intent to preserve homeownership and promote community stabilization are adhered to by New York State courts, by New York State court administrators, and by the financial industry entities and private investors seeking foreclosure judgments and auctions, seeking to avoid resolutions under CPLR 3408, or seeking to capture a homeowner’s equity investment and equity in his or her property. Ms. Nicholson is committed to advancing NYSFDB mission.