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 are 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 briefing. 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

#10 – Break in Chain of Title
9:00 - 9:30, Marshall C. Deason

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

#9 – Rights of Third Parties
9:30 - 10:00, Jessica P. Mahoney

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

#8 – Mortgage-Related Defects
10:00 - 10:45, Robert J. Stanz

• 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
11:00 - 11:45, Jessica P. Mahoney

• 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
12:45 - 1:15, Marshall C. Deason

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

#5 – Foreclosure Issues
1:15 - 1:45, Robert J. Stanz

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

#4 – Estate Issues
1:45 - 2:30, Robert J. Stanz

• 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
2:30 - 3:15, Marshall C. Deason

• 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
3:30 - 4:00, Jessica P. Mahoney

#1 – Fraud and Forgery
4:00 - 4:30, Jessica P. Mahoney

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

MARSHALL C. DEASON is an attorney with Tampa Bay Business Law in Florida. He is a board-certified real estate lawyer by The Florida Bar Board of Legal Specialization and Education. Since 1973, Mr. Deason has practiced primarily in the areas of real property and corporate law. Prior to entering private practice he was an attorney with the Office of the General Counsel, U.S. Department of Housing and Urban Development. He has also served as vice president and general counsel at Cheezem Development Corporation. He is a frequent lecturer and author on real estate title law, legal ethics, limited liability company formation and commercial real estate leasing. Mr. Deason earned his B.A. degree from Denison University and his J.D. degree, cum laude, from Cumberland School of Law at Sanford University. He is a member of The Florida Bar, the District of Columbia Bar and the Maryland State Bar Association.

JESSICA P. MAHONEY practices with the boutique commercial real estate law firm of Donna J. Feldman, P.A., in Clearwater. Ms. Mahoney's practice focuses on representing both local and national real estate developers, home builders, and investors in all aspects of sophisticated commercial real estate transactions and related business agreements. Her experience includes assisting clients with various due diligence queries; acquisition, development, and closings; contract negotiations and structuring multifaceted transactions; builder contracts and sales; assessment and resolution of complex title and survey issues; commercial leasing, financing, and development entitlement matters. Ms. Mahoney earned her J.D. degree, cum laude, from Stetson University College of Law, St. Petersburg , Florida, and her B.A. degree, with honors, from the University of Florida, Gainesville, Florida. She is admitted to The Florida Bar and is board certified in real estate law.

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