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An Attorney's Guide to Curing Real Estate Titles

presented by NBI, Inc.
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Summary

An Attorney's Guide to Curing Real Estate Titles

Workshop Description/Agenda

Resolve Common Real Estate Title Defects with Confidence

Curing real estate title defects encompasses numerous complex and problematic nuances. Arm yourself with the knowledge to cure common real estate title delays involving missing information, third party issues, surveys and boundary disputes, liens, mortgage and foreclosure defects, and forgery red flags. Ensure that all your commercial transactions close successfully. Register today!

  • Learn best practices for curing the most common defects that attorneys are encountering today, so you can ensure a clear title.
  • Prevent real estate transactions from falling through because of a break in the chain of title, legal description errors, or unreleased secured loans.
  • Find out how experienced practitioners are curing boundary, survey and lien problems.
  • Recognize common defects in mortgage foreclosures and their resolutions.
  • Learn how to obtain title insurance coverage against any remaining problems.

Agenda

  1. The Title Commitment: Recognizing Hard to Spot Issues
    11:00 - 11:30, Cheri A. Hipenbecker
  2. Fixing Breaks in Chain of Title
    11:30 - 12:15, Cheri A. Hipenbecker
    1. Unrecorded Deeds and Other Missing Documents
    2. Failure to Include all Proper Parties: Marital Issues, Tenancies in Common, etc.
    3. Missing Signatures
    4. Name Variances and Errors
    5. Missing Estate or Heir Information
    6. Lack of Power of Attorney Documentation for Estate Executors
    7. Using Quiet Title Actions to Cure Breaks in Chain of Title
  3. Resolving Title Problems Related to Third Parties
    12:30 - 1:15, Duane H. Wunsch
    1. Constructive Notice: What to Look for in Title Searches
    2. Handling Unrecorded Leases
    3. Right of First Refusal Issues and Contractual Remedies
    4. Adverse Possession and Prescriptive Easement Issues with Unrecorded Occupants
  4. Resolving Issues Over Surveys, Legal Description Errors and Boundaries
    1:15 - 2:00, Cheri A. Hipenbecker
    1. Reading Surveys and Legal Descriptions: A Brief Refresher
    2. Incorrect or Incomplete Legal Descriptions
    3. Discrepancies Between Legal Descriptions and Mortgage Documents, Surveys, etc.
    4. Access to Premises: Using Chain of Title to Prove or Disprove Rights
    5. Methods to Resolve Encroachments and Other Boundary Line Issues
    6. Violation of Setback Requirements
    7. Proving Termination and Vacation of Old Roads and Easements
    8. Tips for Drafting Boundary Agreements
    9. Quiet Title Essentials for Survey, Legal Description and Boundary Issues
  5. Investigation and Removal Strategies for Tax, Judgment, Mechanics' and Other Liens
    2:30 - 3:15, Duane H. Wunsch
    1. Unsatisfied Judgment Liens
    2. Property Tax Liens
    3. Federal Tax Liens
    4. Failure to Obtain Release of Mechanics' Liens
    5. Springing Liens or Claimed Interests in Property
    6. Notices of Lis Pendens
  6. Clearing Mortgage and Foreclosure-Related Defects
    3:15 - 4:00, Bradley W. Solheim
    1. Prior Open Liens in Foreclosure: Refinancing and Open Equity Lines of Credit
    2. Defective or Unreleased Mortgage Foreclosure
    3. Issues with Security Deeds
    4. Failure to Notify or Serve all Necessary Parties
    5. Improper Discharge of Prior Mortgages
    6. MERS Issues: Releasing Securitized Mortgages
    7. Mortgages from Lenders Who no Longer Exist
    8. Gap Mortgages with a Balance
  7. Detecting Fraud and Forgery in Title Conveyance
    4:15 - 5:00, Bradley W. Solheim
    1. Recognizing Critical Fraud and Forgery Red Flags
    2. Common Schemes to Watch Out for
    3. Defalcation and Other Closing Agent Issues
    4. Key Steps to Prevent Fraud
  8. Ethics
    5:00 - 6:00, Bradley W. Solheim
    1. Duties of Competence and Diligence
    2. Conflicts of Interest
    3. Disclosure of Defects in Property
    4. Liability in Title Examination for Attorneys and Examiners
    5. Attorneys' Fees

Who Should Attend

This program on curing title defects is geared towards attorneys. Paralegals may also benefit from attending.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Title Law

Training Course Summary: An Attorney's Guide to Curing Real Estate Titles


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