This seminar is intended to provide a practitioner's guide to understanding and addressing the real estate issues that arise in residential and commercial transactions. The material is designed to provide the lawyer, broker, property manager, title insurance claims handler and others in the real estate industry a working understanding of how to identify title issues and understand the alternatives in how to address them.
9:00 a.m.- 10:45 a.m.
I. Examining Title
A. The Title Examination Process
B. Title Standards
C. Areas Of Recent Development
D. Liens And Other Challenges
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 12:00 p.m.
A. The Recording Statute
B. Common Forms Of Conveyance
C. Common But Unfortunate Events And Their Cure
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
III. Title Insurance And Coverage
A. Overview; Universal Concepts Underlying Title Insurance
B. The Policy
C. Handling The Title Claim
1. From The Claimant's Perspective
2. From The Carrier's Perspective
3. From The Title Agents Perspective
D. Creative Use Of Title Insurance
2:00 p.m. - 2:30 p.m.
IV. Ethical Considerations In The Real Estate Practice
A. Joint Representation
B. The Unauthorized Practice Of Law; Recent Developments
C. Ethical Considerations In 'Notary Only' Closings
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 3:30 p.m.
V. Common Problems And Practical Solutions
A. When Is A Defect A 'Defect'; Determining The Significance Of The Issue
B. Quantifiable Defects And Their Remedies
C. Unquantifiable Defects And Their Remedies
3:30 p.m. - 4:30 p.m.
VI. Tactical Considerations And Trial Strategies
A. The Quiet Title Action
B. The Declaratory Judgment Proceeding
C. Statutory Remedies For Specific Problems
D. Equitable Relief And Injunctions