When seeing to the important details of a real estate transaction, it can be easy to overlook one of the most important elements: ensuring the title is transferable in the first place. Marketable title is the key to a successful transfer. Do you have the knowledge and skills necessary to assure your clients the title is “clean” or to fix it if it isn't? Don't get caught off guard by liens, adverse possession claims, or other encumbrances that you were unaware of. Gain the knowledge you need to obtain a marketable title for your clients' real estate transactions. Order today - there's no better way to ensure smooth transactions.

1. The Concept of Marketable Title
2. Preliminary Concerns - Before Starting the Search
3. The Title Search and Conveyancing Issues
4. Examination of Liens and Encumbrances
5. Application of Corrective Tools and Actions to Obtain Marketable Title
6. Ethical Issues in Real Estate

Continuing Education Credits:   

* denotes specialty credits

1. THE CONCEPT OF MARKETABLE TITLE
   9:00 - 9:30, Phillip J. Stiles
2. PRELIMINARY CONCERNS - BEFORE STARTING THE SEARCH
   9:30 - 10:00, Phillip J. Stiles
3. THE TITLE SEARCH AND CONVEYANCING ISSUES
   10:15 - 11:15, Phillip J. Stiles
   1. Understanding Conveyances
      1. Adhering to Title Examination Standards
      2. The Definition of Natural Persons
      3. How Estates are Affected
      4. Recognizing the Impact on Legal Entities
      5. Execution by an Attorney-in-Fact
      6. What You Need to Know About the Grantee
      7. Working With Words of Grant
      8. Description of the Premises
      9. Proper Execution by the Grantor
      10. Correct Delivery Methods
      11. Acknowledgment and Recording
4. EXAMINATION OF LIENS AND ENCUMBRANCES
   11:15 - 12:15, James J. Fleming
   1. Analyzing Liens
   2. Tackling Other Encumbrances
5. APPLICATION OF CORRECTIVE TOOLS AND ACTIONS TO OBTAIN MARKETABLE TITLE
   1:15 - 2:15 and 2:30 - 3:30, Carol E. Willoughby
   1. Curative Instruments
   2. Quiet Table
   3. Probate
   4. Partition
   5. Unenforceable Mortgages and Marketable Title
   6. Boundary Issues
   7. Access
   8. Encumbrances
6. ETHICAL ISSUES IN REAL ESTATE
   3:30 - 4:30, James J. Fleming
   1. Liability in Title Examinations
   2. Where Conflicts of Interest Typically Arise
   3. Duties of Competence and Diligence Defined

JAMES J. FLEMING is currently general counsel for Better Homes and Gardens, The Masiello Group, northern New England's largest real estate company, as well as counsel for First Financial Holdings, a major provider of financial and title services in Maine. Mr. Fleming earned his B.A. degree from St. Anselm College, his J.D. degree, cum laude, from the New England School of Law and his LL.M. degree, with distinction, from the Morin Center for Banking and Financial Law studies at Boston University School of Law. He is the former vice president and region manager for Title Resources Guaranty Company, and former vice president and district manager for Stewart Title Guaranty Company, where his duties included title insurance underwriting for all eastern states. Mr. Fleming also is the former president of Fleming Title Services, Inc., a title company with operations in Maine, New Hampshire and Massachusetts. He is a frequent lecturer on RESPA and other real estate-related topics, and is the author of the RESPA Resource. Mr. Fleming is past president of the New England Land Title Association, the New Hampshire Mortgage Bankers Association and the New Hampshire Title Association.

PHILLIP J. STILES is a member of TitlePro, LLC, located in Alton, New Hampshire, where he focuses on real estate matters. TitlePro, LLC is a title company providing statewide title and settlement services in New Hampshire. Mr. Stiles earned his B.A. degree from the University of Rhode Island and his J.D. degree from the University of Maine School of Law. He is a former chair and a member of the NHBA's Real Property Law Section and the Title Standards Review Committee. Mr. Stiles has formerly been certified as an instructor at the New Hampshire Real Estate Commission, and has been an instructor in the paralegal program at the University of New Hampshire.

CAROL E. WILLOUGHBY is a member of Bernstein Shur's real estate and litigation practice groups. Her practice focuses on commercial real estate transactions, and litigating real estate and title insurance matters. Before joining Bernstein Shur, Ms. Willoughby served as the New Hampshire State Counsel and vice president for First American Title Company. She was previously a partner at McNicholas and Willoughby in Concord, New Hampshire, and is a former clerk to Hon. Rudolph Kass of the Massachusetts Court of Appeals. Ms. Willoughby earned her B.A. degree from Rivier College and her J.D. degree, magna cum laude, from Southern Illinois University-Lesar School of Law. She is a member of the New Hampshire (Real Estate Section, Title Standards Committee) and Massachusetts bar associations, and the New Hampshire Title Association.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com