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 - 9:45, Gilbert M. Hoffman

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

#9 – Rights of Third Parties
9:45 - 10:15, Gilbert M. Hoffman

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

#8 – Mortgage-Related Defects
10:30 - 11:15, Gilbert M. Hoffman

• 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
11:15 - 12:00, Gilbert M. Hoffman

• 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
1:00 - 1:30, James D. FitzPatrick

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

#5 – Foreclosure Issues
1:30 - 2:00, James D. FitzPatrick

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

#4 – Estate Issues
2:00 - 2:30, James D. FitzPatrick

• 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
2:45 - 3:15, Robert B. Cox

• 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
3:15 - 4:00, Robert B. Cox

#1 – Fraud and Forgery
4:00 - 4:30, Robert B. Cox

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

ROBERT B. COX is a partner in the Syracuse law firm of Ali, Pappas & Cox, P.C., where he practices in the areas of collections, real estate, property law, commercial leasing and foreclosure. Mr. Cox is a frequent speaker to professional groups on foreclosures, evictions and other areas related to his practice. He earned his B.S. degree from New York State College of Environmental Science at Syracuse University and his J.D. degree from Syracuse University College of Law. Mr. Cox is a member of the Real Property Section of the New York State Bar Association and the Onondaga County Bar Association.

JAMES D. FitzPATRICK is a partner in the Syracuse law firm of Bond, Schoeneck & King, PLLC, where he practices primarily in real estate law. He frequently lectures to various professional groups, including the World Jurist Association, on a variety of real estate topics. Mr. FitzPatrick earned his B.S. degree from the College of the Holy Cross and his J.D. degree from Syracuse University College of Law. He is a member of the Onondaga County Bar Association, the New York State Bar Association (member, Real Property Law Section), the New York Land Title Association, the American Land Title Association and the New York Housing Forum. Mr. FitzPatrick also is a member of the National Trust for Historic Preservation.

GILBERT M. HOFFMAN is a vice president and district counsel for Chicago Title Insurance Company in Syracuse, New York. He began working as a title examiner for a law firm in 1978 and was in private practice until 1985 when he joined Ticor Title Guarantee Company. Mr. Hoffman earned his A.B. degree from Syracuse University and his J.D. degree from the Syracuse University College of Law. He is a member of the Onondaga County Bar Association, and is chair of its Real Property Law Section. Mr. Hoffman also is a member of the New York State Bar Association and its Real Property Law Section, and he co-chaired that section's sub-committee on NYSBA Standards for Title Examination. He is an associate member of the New York State Association of Professional Land Surveyors, and he is a former member of the Law and Forms Committee of the Title Insurance Rate Service Association, Inc. Mr. Hoffman is a frequent lecturer at CLE programs on title insurance, title examination, transfer of title and the resolution of title problems, and he is certified by New York State as an instructor in insurance law and real estate law.

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