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Foreclosure Strategies for Creditors’ Rights Attorneys: Borrower Death Impacts, Case Prep, and Heir Location Tactics

2025-05-28 14:00:00

2025-05-28 14:00:00

Over 1,000+ webinars

Comprehensive guidance for handling judicial foreclosures involving deceased borrowers, covering heir identification, procedural requirements, and jurisdictional considerations.

2025-05-28 14:00:00

Comprehensive guidance for handling judicial foreclosures involving deceased borrowers, covering heir identification, procedural requirements, and jurisdictional considerations.

2025-05-28 14:00:00

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Course Overview

Foreclosure Strategies for Deceased Borrower Cases

Participants will learn to navigate judicial foreclosure proceedings when mortgagors are deceased. Practical guidance ensures proper party identification and procedural compliance across jurisdictions.

Decedent Investigations

Conduct thorough searches using multiple verification tools.

Ownership Structures

Analyze title holdings to determine proper parties.

Procedural Compliance

Address pre-foreclosure notice and filing requirements.

Heir Identification

Locate and name all known and unknown heirs.

Course Overview

Foreclosure Strategies for Deceased Borrower Cases

Participants will learn to navigate judicial foreclosure proceedings when mortgagors are deceased. Practical guidance ensures proper party identification and procedural compliance across jurisdictions.

Decedent Investigations

Conduct thorough searches using multiple verification tools.

Ownership Structures

Analyze title holdings to determine proper parties.

Procedural Compliance

Address pre-foreclosure notice and filing requirements.

Heir Identification

Locate and name all known and unknown heirs.

Why Attend

Why this 
program matters

Mastering deceased borrower foreclosure strategies is essential because procedural errors, including failing to identify all heirs, can void judgments and jeopardize clear title for creditors.
322k
U.S. properties had foreclosure filings in 2024, representing 0.23% of all housing units nationwide.
671
Average number of days for a foreclosure to complete in the U.S. in Q1 2025, with judicial foreclosure states averaging significantly longer timelines.
94%
Of mortgage defaults between 2008-2015 were caused by negative life events such as job loss, illness, divorce, or death rather than strategic default.
43%
Of mortgage defaulters cited illness, disability, or death as a contributing factor to their mortgage default according to survey data.

Agenda

Session 1

Understanding Borrower Death Impact on Foreclosure Proceedings

Session 2

Preparing Foreclosure Cases for Filing with Documentation

Session 3

Identifying and Locating Heirs and Proper Parties

Break

Scheduled Break for Attendee Refreshment

Session 4

Navigating Foreclosure Process with Deceased Borrower Cases

Session 5

Miscellaneous Issues in Deceased Borrower Foreclosure Litigation

clock 2:00 pm - 2:20 pm EST

Understanding Borrower Death Impact on Foreclosure Proceedings

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

This session explores the legal implications when a borrower dies during or before foreclosure, including how mortgage agreements are affected. Attendees will learn about the probate process for determining heirs and property rights, along with key state-by-state differences in handling deceased borrower cases.

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

clock 2:20 pm - 2:40 pm EST

Preparing Foreclosure Cases for Filing with Documentation

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

Learn the essential documentation and evidence needed to initiate foreclosure cases involving deceased borrowers. This session covers special requirements such as decedent investigations, pre-foreclosure notice obligations, and the procedural steps and timelines unique to judicial foreclosure proceedings.

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

clock 2:40 pm - 3:00 pm EST

Identifying and Locating Heirs and Proper Parties

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

This session provides strategies for identifying heirs and beneficiaries using obituaries, estate searches, death certificates, and heir search vendors. Attendees will understand the importance of due diligence and learn when to name unknown heirs as defendants to ensure clear title at sale.

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

clock 3:00 pm - 3:10 pm EST

Scheduled Break for Attendee Refreshment

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

A brief intermission allowing attendees to refresh before continuing with the remaining program material. Use this time to review notes and prepare questions for upcoming sessions.

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

clock 3:10 pm - 3:40 pm EST

Navigating Foreclosure Process with Deceased Borrower Cases

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

Gain step-by-step guidance on filing foreclosure cases when the borrower is deceased, including handling nullity issues and amending complaints. This session addresses post-filing complications, best practices for heir communication, and strategies for managing challenges and objections from heirs.

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

clock 3:40 pm - 4:10 pm EST

Miscellaneous Issues in Deceased Borrower Foreclosure Litigation

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

This comprehensive session covers litigation and settlement issues including loss mitigation options requiring mortgage assumption. Topics include guardian ad litem appointments, public administrators, inheritance tax considerations, foreclosure mediation requirements, and bankruptcy complications involving heirs.

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

01 06
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Key topics that will be covered

What will you learn

Attorneys will learn how a borrower's death impacts foreclosure proceedings, including property ownership structures, probate processes, heir identification, and jurisdictional requirements.

What will you gain

Attorneys will gain practical strategies for conducting decedent investigations, naming proper parties, addressing procedural complications, and ensuring clear title in foreclosure cases.

Death Impact
Learn how ownership structure determines whether probate applies to foreclosure cases.
Documentation
Conduct decedent investigations using obituaries, estate searches, and death certificates.
Party Identification
Identify and locate heirs, estate representatives, and unknown heirs as defendants.
State Requirements
Navigate pre-foreclosure notice requirements varying by Pennsylvania, New Jersey, and New York.
Post-Filing Issues
Address borrower death discovered after filing through amendment or new actions.
Settlement Challenges
Handle loss mitigation when heirs must assume mortgages before loan modification.

What will you learn

Attorneys will learn how a borrower's death impacts foreclosure proceedings, including property ownership structures, probate processes, heir identification, and jurisdictional requirements.

What will you gain

Attorneys will gain practical strategies for conducting decedent investigations, naming proper parties, addressing procedural complications, and ensuring clear title in foreclosure cases.

Plans

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Price varies based
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Included Included Included
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Individual Purchase
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Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Sherri Smith

Stradley Ronon Stevens & Young, LLP

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Charles Jeanfreau is a counsel in the New York office of Stradley Ronon, representing mortgage servicers and investors in contested foreclosure litigation, quiet title actions, and related litigation in New York and New Jersey, as well as defending clients in litigation involving FDCPA, RESPA, TILA, and FCRA.

Education & Credentials

University of Michigan; New York University School of Law

Experience

Represents mortgage servicers and investors in all stages of contested foreclosure litigation, quiet title actions and related litigation in New York and New Jersey. Defends clients in litigation involving the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA) and the Fair Credit Reporting Act (FCRA).

Charles H. Jeanfreau

Stradley Ronon Stevens & Young, LLP

Charles Jeanfreau is a counsel in the New York office of Stradley Ronon, representing mortgage servicers and investors in contested foreclosure litigation, quiet title actions, and related litigation in New York and New Jersey, as well as defending clients in litigation involving FDCPA, RESPA, TILA, and FCRA.

Education & Credentials

University of Michigan; New York University School of Law

Experience

Represents mortgage servicers and investors in all stages of contested foreclosure litigation, quiet title actions and related litigation in New York and New Jersey. Defends clients in litigation involving the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA) and the Fair Credit Reporting Act (FCRA).

Sherri Smith

Stradley Ronon Stevens & Young, LLP

Sherri Smith focuses her practice on real estate litigation and bankruptcy matters, defending claims under various consumer protection statutes and handling foreclosure litigation and bankruptcy cases.

Experience

Defends claims brought by borrowers under the Truth in Lending Act, RESPA, FDCPA, Pennsylvania's Fair Credit Extension Uniformity Act, Pennsylvania's Unfair Trade Practices and Consumer Protection Law, and the New Jersey Consumer Fraud Act. Routinely handles foreclosure litigation and Chapter 7, 11 and 13 bankruptcy cases. Prior to joining Stradley Ronon, was the managing attorney at a boutique real estate and foreclosure law firm, handling matters in New Jersey, Pennsylvania, New York and Florida.

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