Brooklyn Bar Association covers the latest in foreclosure developments

October 14, 2015 By Rob Abruzzese Brooklyn Daily Eagle

Attorney Jimmy Lathrop covered new developments in foreclosure practices during a recent CLE seminar at the Brooklyn Bar Association. Eagle photo by Rob Abruzzese

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The Brooklyn Bar Association hosted attorney Jimmy Lathrop for its latest Continuing Legal Education (CLE) seminar titled “New Developments in Foreclosure Practice” on Remsen Street Tuesday night.

Lathrop has worked at the forefront of foreclosure litigation for roughly 10 years, has appeared in numerous reported decisions and is a regular lecturer on the topic.

“It’s really great that the CLE department of the bar association gives us an opportunity that may be of interest to the county’s practitioners,” Lathrop said. “It’s a wonderful program they have here. If you have the opportunity, go online to the bar association [website] and check out the other CLE offerings my colleagues are presenting.”

Lathrop’s speech on Tuesday night was directed toward both rookie and experienced attorneys. He first elaborated on topics for newer attorneys including recent decisions of interest, discovery techniques and even how to contact clients. One piece of advice he offered for defense attorneys in foreclosure cases — dismissal of a case is very bad.

“The dismissal of a case is the worst possible outcome,” Lathrop said. “It’s a really powerful remedy, but for the appellate division this is bad. If it goes to appeal, they’ll say that the judgement was too much and adjust it. Meanwhile, your client is paying you and you have to go back to court. It can get very expensive.”

He gave other examples of things attorneys should avoid doing and cited an example of former NFL star Irving Fryar, who was recently sentenced to five years in prison for a scheme that involved taking out six home equity loans at the same time.

Other topics Lathrop covered included motion practice, “bad faith” hearings, appellate practice, homeowner protection under the banking law and ex parte applications for injunction relief.

The next CLE seminar at the bar association will take place next Tuesday, Oct. 20, when Kaylin L. Whittingham and Richard A. Klass will discuss terminating an attorney-client relationship. It will include strategies for reducing attorney-client breakups, retainer provisions and the procedure of withdrawing as counsel.