Training Course
Syllabus:
Everything You Don't Know About Title Law (But Wish You Did)
As an attorney who handles real estate closings, knowing the ins and outs of title law is not optional. Being able to identify, analyze and cure common defects is a vital part of your practice, and one that comes with an assortment of liabilities and pitfalls. In this two-day, inclusive title law course, you'll learn the latest techniques for examining titles and curing common defects, as well as gain a thorough understanding of title insurance policies, endorsements and commitments. Build your title law knowledge at this comprehensive program - register today!
- Identify critical title insurance risks inherent in public land records.
- Discover when (and when not) to use endorsements.
- Learn new insights and tips on obtaining additional coverage.
- Dig deep into key issues of the commitment and how it portrays and differs from the underlying title.
- Find out what attorneys can be held liable for in title examination - and how to avoid those risks.
- Learn how title examiners analyze breaks in chain, foreclosure, bankruptcy and boundary issues.
- Gain new techniques for drafting easements, deeds, releases and affidavits of facts.
- Know how to read legal descriptions, surveys and plat maps like a surveyor.
- Identify grounds for a quiet title action, what records are needed and how to find them.
Day 1: Understanding Title Insurance
- Understanding Title Insurance
9:00 - 10:00, Alta Tharp
- Components of the Title
- Risks Inherent in Public Land Records
- Structuring of ALTA Policies
- Endorsements and Exclusions to Policies
10:15 - 11:15, Jonathan J. Martin
- When to Use Endorsements
- State Rules for Filing Endorsements
- Owners' Policy vs. Loan Policy Endorsements
- Commercial vs. Residential Endorsements
- Standard ALTA Endorsements
- Commercial ALTA Endorsements
- Exclusions/Exceptions to Policies
- Insuring Construction Loans
11:15 - 12:15, Jonathan J. Martin
- Construction Lien Act
- Legislation Update (State)
- Pending Disbursement Coverage
- "When the Lien Hits"
- Obtaining Additional Coverage
1:15 - 2:15, Jonathan J. Martin
- Affirmative Coverage to Suit the Situation
- Non-ALTA Endorsements
- The Commitment and Closing Letters
2:30 - 3:30, Angela M. Ellis and Alta Tharp
- Commitment vs. the Underlying Title
- Insurer's Obligations
- Review and Negotiation Tips
- The Jacket (with Examples)
- Schedule A, B-1 and B-2
- Affirmative Coverage
- Mortgagee's and Lender's Title Policy
- Gap Coverage
- Opinion Letters
- Ethical Considerations
3:30 - 4:30, Don A. Eilbott
- Conflicts of Interest
- Disclosure of Defects in Property
- Liability in Title Examination
Day 2: How to Cure Common Title Defects
- How Title Examiners Analyze and Cure Defects
9:00 - 10:30, J.P. Sellers
- Breaks in Chain of Title and Estate Issues
- Rights of Third Parties/Missing Interests
- Foreclosure and Mortgage-Related Issues
- Tax Liens
- Bankruptcy
- Mechanic's Liens and Other Liens
- Judgments
- Encumbrances and Encroachments
- Boundary and Zoning Issues
- Prescriptive Easements and Adverse Possession
- Legal Description Errors
- Unpaid Taxes
- Mineral and Water Rights
- Curing Fraud and Forgery Defects
- Drafting Documents to Cure Defects
10:45 - 12:00, J.P. Sellers
- Easements
- Corrective Deeds/New Deeds
- Releases and Satisfactions of Mortgages
- Affidavits of Facts
- Monetary Settlement and Escrow Agreements
- Additional Curative Instruments
- Reading Surveys, Descriptions and Plats
1:00 - 3:00, Lanny R. Beavers and Alta Tharp
- Reading the Survey into the Commitment
- ALTA/ACSM Land Title Surveys
- Survey Review Process, Elements and Symbols
- Finding Boundaries That Tie to Meander Lines
- Inaccurate Surveys and Surveyor Reports
- Standards Used by the Surveyor
- Preparation of the Boundary Survey
- Survey Coverage
- How to Read Descriptions
- Inappropriate Use of Tax Parcels and Addresses
- Identifying Typographical Errors
- Handling Vague, Inaccurate and Conflicting Descriptions
- How to Read Plat Maps Like a Surveyor
- Quiet Title Actions
3:15 - 4:30, Angela M. Ellis
- Grounds for a Quiet Title Action
- Initiating a Quiet Title Action - State Procedures
- Quiet Title Action vs. Other Curative Measures
- Identifying Interested Parties and Locating Records
- Quiet Title Action Mechanics 101
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