Take Your Title Knowledge to the Next Level
Gain the practical skills you need to expand your practice into title insurance litigation. This introductory course begins with a review of title insurance coverage fundamentals, and then walks through claim filing procedures as well as litigation strategies for both claimed defects and claim denials. Use prevention tactics to avoid common claims, and skillfully handle litigation involving breach of contract, bad faith, quiet title actions and other title insurance disputes. Register today!
- Learn how to skillfully bring or defend against the most common claims under title insurance policies.
- Gain expert tips to avoid the top preventable title claims.
- Walk through the procedures involved in filing a claim and responding to it, so you can confidently navigate through the process.
- Stay up to date on recent legal developments and the latest court interpretations of title insurance disputes.
- Recognize what to be wary of when considering a settlement offer.
- Discuss the duties of the insurer in settling and defending claims – and the bad faith issues that can arise.
- In unwarranted claim denial situations, recognize whether the best course of action is to bring a bad faith claim or an unfair and deceptive trade claim.
- Study the fundamental structure of both the lender's and owner's policies, ensuring a firm grasp of their coverage, exclusions and exceptions.
- TITLE INSURANCE FUNDAMENTALS
9:00 - 9:45, Mark R. Galliher
- Basic Principles
- Policy Structure
- Insuring Provisions (Owner's and Lender's Policies)
- Exclusions From Coverage
- Parties Protected and Duration of Coverage
- Measure of Loss
- State Regulations
- CLOSING PROTECTION LETTERS
9:45 - 10:15, Mark R. Galliher
- CLAIM PROCEDURES
10:30 - 12:00, Rayanna L. Binder
- General Requirements and Time Considerations
- Investigation of the Claim
- The Response
- Duty to Defend
- Options for the Title Insurer
- Requirements for Payment
- Recouping the Loss
- LITIGATING AN UNDERLYING CLAIMED DEFECT
1:00 - 2:00, Mark R. Galliher
- Quiet Title Action
- Prescriptive Easement Claims
- Way of Necessity
- Declaratory Judgment
- LITIGATING THE DENIAL OF A CLAIM
2:00- 3:00, Mary A. Slade
- Breach of Contract
- Bad Faith Issues
- The Complaint
- Discovery Issues
- ADR Procedures
- CLAIM PREVENTION TIPS
3:15 - 4:00, Mary A. Slade
- Foreclosure Actions: They Aren't Over Till They're Over
- Inaccurate Payoff Letters
- Seller Impersonation
- Proper Recording of Documents
- Property Descriptions
- RECENT DEVELOPMENTS IN TITLE INSURANCE LITIGATION
4:00 - 4:30,
Rayanna L. Binder
(Foreclosures, Loan Modifications and Other Noteworthy Issues)