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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

  1. Understanding Title Insurance
    9:00 - 10:00, Lauren P. McKenna
    1. Components of the Title
    2. Risks Inherent in Public Land Records
    3. Structuring of ALTA Policies
  2. Endorsements and Exclusions to Policies
    10:00 - 11:00, John A. Cannito
    1. When to Use Endorsements
    2. State Rules for Filing Endorsements
    3. Owners' Policy vs. Loan Policy Endorsements
    4. Commercial vs. Residential Endorsements
    5. Standard ALTA Endorsements
    6. Commercial ALTA Endorsements
    7. Exclusions/Exceptions to Policies
  3. Negotiating Title Insurance Endorsements
    11:15 - 12:15, John A. Cannito
    1. Term of Coverage
    2. Endorsement Costs
    3. Extent of Coverage
    4. Other Issues to Negotiate
  4. Obtaining Additional Coverage
    1:15 - 2:15, John A. Cannito
    1. Affirmative Coverage to Suit the Situation
    2. Non-ALTA Endorsements
  5. The Commitment and Closing Letters
    2:30 - 3:30, Brian H. Smith
    1. Commitment vs. the Underlying Title
    2. Insurer's Obligations
    3. Review and Negotiation Tips
    4. The Jacket (with Examples)
    5. Schedule A, B-1 and B-2
    6. Affirmative Coverage
    7. Mortgagee's and Lender's Title Policy
    8. Gap Coverage
    9. Opinion Letters
  6. Ethical Considerations
    3:30 - 4:30, Brian H. Smith
    1. Conflicts of Interest
    2. Disclosure of Defects in Property
    3. Liability in Title Examination

Day 2: How to Cure Common Title Defects

  1. How Title Examiners Analyze and Cure Defects
    9:00 - 10:00, Brian H. Smith
    1. Breaks in Chain of Title and Estate Issues
    2. Rights of Third Parties/Missing Interests
    3. Foreclosure and Mortgage-Related Issues
    4. Tax Liens
    5. Bankruptcy
    6. Mechanic's Liens and Other Liens
    7. Judgments
    8. Encumbrances and Encroachments
    9. Boundary and Zoning Issues
    10. Prescriptive Easements and Adverse Possession
    11. Legal Description Errors
    12. Unpaid Taxes
    13. Mineral and Water Rights
    14. Curing Fraud and Forgery Defects
  2. Title Objections: When and How to Make Them
    10:00 - 11:00, Lynn McDougall
    1. Top Issues to Object
    2. Objections After Review Periods
    3. Lenders and Title Objections
    4. Drafting Title Objection Letters
  3. Drafting Documents to Cure Defects
    11:15 - 12:15, Alan P. Fox
    1. Easements
    2. Corrective Deeds/New Deeds
    3. Releases and Satisfactions of Mortgages
    4. Affidavits of Facts
    5. Monetary Settlement and Escrow Agreements
    6. Additional Curative Instruments
  4. Reading Surveys, Descriptions and Plats
    1:15 - 2:15, Bruce R. Blair
    1. Reading the Survey into the Commitment
    2. ALTA/NSPS Land Title Surveys
    3. Survey Review Process, Elements and Symbols
    4. Finding Boundaries That Tie to Meander Lines
    5. Inaccurate Surveys and Surveyor Reports
    6. Standards Used by the Surveyor
    7. Preparation of the Boundary Survey
    8. Survey Coverage
    9. How to Read Descriptions
    10. Inappropriate Use of Tax Parcels and Addresses
    11. Identifying Typographical Errors
    12. Handling Vague, Inaccurate and Conflicting Descriptions
    13. How to Read Plat Maps Like a Surveyor
  5. Quiet Title Actions
    2:30 - 3:30, Tina Nielsen Amodeo
    1. Grounds for a Quiet Title Action
    2. Initiating a Quiet Title Action - State Procedures
    3. Quiet Title Action vs. Other Curative Measures
    4. Identifying Interested Parties and Locating Records
    5. Quiet Title Action Mechanics 101
  6. Insuring Construction Loans
    3:30 - 4:30 Alan P. Fox
    1. NJ Construction Lien Law
    2. Perfecting Construction Liens
    3. Notice of Unpaid Balance and Right to File Lien 
    4. Impact and Removal of Construction Liens
    5. Priority of Mortgages Over Construction Liens
    6. Legislation Update

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