Course Description
Collect Years of Title Experience in One Day
Experienced faculty will provide you with best practices for curing numerous title defects in an engaging presentation of real-life scenarios and examples. Collect years of experience in resolving defects in one full-day course. 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 access, easement and encroachment problems.
- Recognize common defects in mortgage foreclosures and their resolutions.
- Learn how to obtain title insurance coverage against any remaining problems.
Agenda
I. Break in Chain of Title, Rights of Third Parties, and Mortgage-Related Defects
9:00 - 10:30, Sam Kilbourn, John M. Kirk III and Robin D. Watts
A. Break in Chain of Title
- Missing Documents
- Name Variances of the Grantor/Grantee
- Inclusion of all Proper Parties on Documents
- Omitted Property in Divorce Situations
B. Rights of Third Parties
- Right of First Refusal or Option to Purchase Not Properly Extinguished
- Unrecorded Leases/Land Installment Contracts Outstanding
C. Mortgage-Related Defects
- Improper or Undischarged Prior Mortgages
- Lack of Proper Assignments of the Existing Mortgage
- Undischarged Home Equity Credit Lines
II. Easements/Encroachments/Setback Issues and Foreclosure Issues
10:45 - 12:00, Sam Kilbourn, John M. Kirk III and Robin D. Watts
A. Easements/Encroachments/Setback Issues
- Access of the Premises
- Indefinite and Unclear Easements
- Encroachments
- Violation of Setback Requirements
- Covenants, Conditions & Restrictions
- Waterfront/Tidewater Issues
B. Foreclosure Issues
- Inclusion of All Proper Parties on Mortgage
- Defective Mortgage Foreclosure
- Failure to Notify or Serve all Necessary Parties
- Post-Foreclosure Issues
III. Legal Description Errors, Estate Issues, and Judgments and Liens
1:00 - 2:30, Sam Kilbourn, John M. Kirk III and Robin D. Watts
A. Legal Description Errors
- Incorrect or Incomplete Legal Description
- Historical Description versus Survey Descriptions
B. Estate Issues
- Missing Estate or Heir Information in the Chain of Title
- Unprobated Estate Interests
- Powers of Attorney
- Life Estates Reserved
C. Judgments and Liens
- Unreleased Writ of Execution
- Mechanics' Liens
- Liens That Attach to After-Acquired Property
- Lis Pendens
IV. Curing Uncommon Title Defects with Creativity
2:45 - 4:00, Sam Kilbourn
V. Bring Us Your Difficult Title Issues for Consideration and Discussion
4:00 - 4:30, Q&A session with Sam Kilbourn, John M. Kirk III and Robin D. Watts
Audience
This intermediate level course provides practical information on the most often encountered defects for:
- Attorneys
- Real Estate Professionals
- Title Professionals
- Settlement Agents
- Closers
- Underwriters
- Paralegals