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17 Matt Podmenik General Counsel & Managing Partner, McCarthy Holthus, LLP "Communication is key, and not only communication with the borrower. Oftentimes, the firm on the ground [after a natural disaster] that's local can be a huge help. Sometimes there are covered areas that might not be shown on published ZIP code maps. ere may be nuances that the local firm can help with. Also, from a servicer's standpoint, one of the things they can do is look into borrower advocacy programs. Helping borrowers know their rights and navigate the insurance context is key. ese are complicated legal issues that most borrowers are not well-versed in." Lee S. Raphael Managing Partner, Prober & Raphael One major continuing trend is objections by trustees and debtor's attorneys regarding notice of post-petition fees and what the various courts are doing with those, as well as how servicers, their attorneys, and the GSEs, are all responding. When bankruptcy courts get slow, they look for ways to generate income. What's happening with Chapter 13 bankruptcies is that creditors need to file when they incur a post-petition fee and a notice of post-petition fees. e debtor attorneys and the trustees are objecting to what they believe is a fee that is not substantiated properly. Heather Rogers Managing Partner, Davidson Fink, LLP "e dissemination of information to borrowers is key. In New York, we send numerous notices to borrowers prior to commencing a foreclosure, but those notices come from the very entity that these folks are in fear of (lenders/servicers and their attorneys). Many times, the message is lost. More needs to be done to present this information as being from someone 'on their side.' e message will be better received and hopefully better utilized." Neil Sherman Managing Partner, Schneiderman & Sherman "None of us have a crystal ball. We do the best we can to anticipate things by looking at metrics. … It was clear that when the Great Recession hit, the entire industry was not prepared for the volume and the operational and legal complexities that came with it. ere has been an incredible evolution over the last number of years as our industry has developed better technology, tremendous efficiencies and new pathways throughout the default process." "None of us have a crystal ball. We do the best we can to anticipate things by looking at metrics." —Neil Sherman, Managing Partner, Schneiderman & Sherman Marc Wagman Supervising Bankruptcy Attorney, Potestivo & Associates P.C. "In bankruptcy, a creditor's counsel cannot speak with a represented borrower, so most of the communication goes through their attorney. In foreclosure, borrowers are now more aware of the hardship programs available and the possibility of loan modifications, forbearance agreements, and other options that may help them. e biggest challenge for borrowers is making ends meet, as statistics show that a significant number of Americans cannot afford a $600 emergency. is could cause significant hardship on them and go so far as to put a borrower into default, or possibly into bankruptcy or foreclosure."