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

Charles H. Jeanfreau
Charles H. Jeanfreau
Stradley Ronon Stevens & Young, LLP

Charles represents mortgage servicers and investors in clients in all stages of contested foreclosure litigation, quiet title actions and related litigation in New York and New Jersey, as well as defending 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
Sherri Smith
Stradley Ronon Stevens & Young, LLP

Sherri Smith focuses her practice on real estate litigation and bankruptcy matters. She defends claims brought by borrowers under the Truth in Lending Act, the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), Pennsylvania’s Fair Credit Extension Uniformity Act, Pennsylvania’s Unfair Trade Practices and Consumer Protection Law and the New Jersey Consumer Fraud Act.

On-Demand: May 28, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This comprehensive CLE course is designed to equip creditors' rights attorneys with the essential knowledge and strategies needed to navigate the complexities of judicial foreclosure cases involving deceased mortgagors.

Led by experts Sherri J. Smith and Charles Jeanfreau, the program covers critical topics such as the legal implications of a borrower's death, the preparation of foreclosure cases, the identification and location of heirs, and miscellaneous issues that may arise in a foreclosure action after a borrower dies.

Through a combination of informative sessions and practical case studies, participants will gain valuable insights into effectively managing these challenging situations while ensuring compliance with legal requirements and protecting their clients' interests.

Key topics to be discussed:

  • Understanding the impact of a borrower's death on foreclosure
  • Preparing a foreclosure case for filing
  • Identifying and locating proper parties
  • Navigating the foreclosure process with deceased borrowers
  • Miscellaneous issues

Closed-captioning available

Speakers

Speaker_Charles H. Jeanfreau_myLawCLECharles H. Jeanfreau | Stradley Ronon Stevens & Young, LLP

Charles Jeanfreau is a counsel in the New York office of Stradley, Ronon. Charles is a graduate of the University of Michigan and New York University School of Law.

Charles represents mortgage servicers and investors in clients in all stages of contested foreclosure litigation, quiet title actions and related litigation in New York and New Jersey, as well as defending 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).

 

Speaker_Sherri Smith_myLawCLESherri Smith | Stradley Ronon Stevens & Young, LLP

Sherri Smith focuses her practice on real estate litigation and bankruptcy matters. She defends claims brought by borrowers under the Truth in Lending Act, the Real Estate Settlement Procedures Act (RESPA), the Fair Debt Collection Practices Act (FDCPA), Pennsylvania’s Fair Credit Extension Uniformity Act, Pennsylvania’s Unfair Trade Practices and Consumer Protection Law and the New Jersey Consumer Fraud Act. She also routinely handles foreclosure litigation and Chapter 7, 11 and 13 bankruptcy cases.

Prior to joining Stradley Ronon, Sherri was the managing attorney at a boutique real estate and foreclosure law firm, handling matters in New Jersey, Pennsylvania, New York and Florida.

Agenda

I. Understanding the impact of a borrower’s death on foreclosure | 2:00pm – 2:20pm

  • The legal implications of a borrower’s death on mortgage agreements
  • The role of the probate process in determining heirs and property rights
  • Key differences in state laws regarding deceased borrowers and foreclosure

II. Preparing a foreclosure case for filing | 2:20pm – 2:40pm

  • Necessary documentation and evidence for initiating a foreclosure case
  • Special requirements for cases involving deceased borrowers
  • Procedural steps and timelines in the judicial foreclosure process

III. Identifying and locating proper parties | 2:40pm – 3:00pm

  • Strategies for identifying heirs and beneficiaries
  • Tools and resources for locating heirs (public records, social media, genealogical research)
  • Importance of due diligence in ensuring all interested parties are identified

Break | 3:00pm – 3:10pm

IV. Navigating the foreclosure process with deceased borrowers | 3:10pm – 3:40pm

  • Step-by-step guidance on filing a foreclosure case with a deceased borrower
  • Post-filing issues when notified of a deceased borrower after the case is filed
  • Best practices for communicating with heirs and managing expectations
  • Addressing potential challenges and objections from heirs

V. Miscellaneous issues | 3:40pm – 4:10pm

  • Litigation/Settlement issues (including loss mitigation)
  • Inheritance and estate tax issues
  • Guardian ad litem appointments
  • Public administrators
  • Foreclosure mediation/Conciliation
  • Bankruptcy issues

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via Attorney Submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Pending CLE Approval
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Pending CLE Approval
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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