In preparation for this practical, nuts and bolts instruction, veteran title practitioners across the nation were asked what they consider the top title defects they've had to resolve over the last few years. The responses were compiled and now experienced faculty is ready to take you through the “Top 10” list, providing you with best practices for curing each one in an engaging presentation of real-life scenarios and examples. Collect years of experience in resolving title defects in one full-day course. Order today!

#10 - Break in Chain of Title
#9 - Rights of Third Parties
#8 - Mortgage-Related Defects
#7 - Easements/Encroachments/Setback Issues
#6 - Legal Description Errors
#5 - Foreclosure Issues
#4 - Estate Issues
#3 - Judgments and Liens
#2 - Unpaid Taxes
#1 - Fraud and Forgery

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Continuing Legal Education

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#10 - Break in Chain of Title
11:00 - 11:30, James L. Erickson

• Missing Documents
• Name Variances of the Grantor/Grantee
• Inclusion of all Proper Parties on Documents

#9 - Rights of Third Parties
11:30 - 12:00, Chad D. Lemmons

• Rights of Off-Record Third Parties
• Right of First Refusal or Option Missed
• Unrecorded Leases

#8 - Mortgage-Related Defects
12:00 - 12:45, Michael J. Viola

• Improper or No Discharges of Prior Mortgages
• Lack of Proper Assignments of the Existing Mortgage
• Gap Mortgage With a Balance
• Releasing Mortgages From Lenders Who Don't Exist Anymore
• Having Possession of Adjoining Property Without a Deed

#7 - Easements/Encroachments/Setback Issues
1:00 - 2:00, Chad D. Lemmons

• Access of the Premises (Common Driveways, Private Roads, Partial Interests to Recreational Land, etc.)
• Indefinite and Unclear Easements
• Encroachments of a Significant Nature
• Violation of Setback Requirements
• CC&Rs and Equitable Servitudes
• Waterfront Issues Related to Reliction and Accretion
• Railroad and Mineral Rights

#6 - Legal Description Errors
2:00 - 2:30, James L. Erickson

• Incorrect or Incomplete Legal Description
• Discrepancies Between Legal Description in Mortgage and Legal Description as Assessed by the City/Village/Township

#5 - Foreclosure Issues
3:00 - 3:30, Michael J. Viola

• Defective Mortgage Foreclosure
• Failure to Notify or Serve all Necessary Parties

#4 - Estate Issues
3:30 - 4:15, Chad D. Lemmons

• Missing Estate or Heir Information in the Chain of Title
• Dower or Homestead Issues (Missing Marital Status, Missing Homestead Language, etc.)
• Unprobated Estate Interests
• Powers of Attorney - Improper Execution of "Fresh" POA or Defective "Old" POA
• Life Estates Reserved

#3 - Judgments and Liens
4:30 - 5:15, James L. Erickson

• Unsatisfied Judgment Liens Which Have or Haven't Been Paid Off
• Failure to Obtain Releases of Mechanics' Liens
• Springing Liens or Claimed Interests in Property
• Lis Pendens

#2 - Unpaid Taxes
5:15 - 5:30, Michael J. Viola

#1 - Fraud and Forgery
5:30 - 6:00, Michael Viola

• Fraud or Forgery in Conveyance
• Closing Agent Issues - Defalcation and Claims on Closing Protection Letters

JAMES L. ERICKSON is an attorney with the national commercial division of First American Title Insurance Company in Minneapolis. For the past 15 years, his practice has focused on title examination, underwriting and real estate closings. Mr. Erickson entered private practice in 1984, focusing his practice on real estate law and general legal issues. He is a frequent speaker on real estate title law and related issues to various legal and professional groups. He is a member of the Real Property Section of the Minnesota State and Hennepin County bar associations. Mr. Erickson earned his B.A. and J.D. degrees from the University of Minnesota.

CHAD D. LEMMONS is a partner with Kelly & Lemmons, P.A. With more than 25 years of legal expertise and as a certified real property specialist, Mr. Lemmons primarily practices in the areas of property and real estate law. He also represents individuals and organizations in landlord-tenant law, residential and commercial transactions, and complex property matters. Mr. Lemmons' other areas of practice include probate and estate planning, administration, contract disputes and liens. He currently serves on the Title Standards Committee of the Minnesota State Bar Association. Mr. Lemmons is a member of the Minnesota State Bar Association (Real Estate Section, Title Committee and Real Property Law Specialist). He earned his B.S.B. degree from the University of Minnesota and his J.D. degree from William Mitchell College of Law.

MICHAEL J. VIOLA is an attorney with the firm Hellmuth & Johnson, PLLC and is a member of the Real Estate and Development Practice Group, where he advises and represents clients in all areas of commercial and residential real estate transactions and developments. Mr. Viola's practice is focused on: real estate development; commercial real estate transactions; residential real estate transactions; community association law; land use and zoning; general/business law and school law. He brings significant experience to a transaction as a result of his work for clients involved in complex purchases and sales of real estate and the development of commercial, residential and mixed-use projects. Mr. Viola has worked closely with developers on several prominent commercial development projects in the Minneapolis and St. Paul area as well as out-state Minnesota. His past experience working for a major title insurance underwriter allows him to bring unique expertise in the resolution of any title issue. He works closely with underwriters to resolve issues and ensure the transaction closes on time. Mr. Viola is licensed to practice law in both Minnesota and California, and is a member of the Real Property Section of the Minnesota State Bar Association. He is active in several local community organizations as well as a member of the Board of Trustees of a highly successful charter school. He obtained his J.D. degree from the University of San Francisco after completing his undergraduate work from the University of Minnesota with a Bachelor of Arts degree in International Relations.

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