Title Due Diligence: Complex Issues and Answers

Agenda / Content Covered

1. Spotting and Fixing Complicated Title Commitment Issues
   11:00 - 12:00, Duane H. Wunsch
   1. Schedule A Inaccuracies and Errors
   2. Resolving Schedule B-I Issues
   3. Corporate Entity Sellers: Verifying Authority
   4. Schedule B-II: Eliminating Standard Exceptions
2. Reading Land Surveys: Spotting Issues That Put Ownership in Question
   12:15 - 1:15, Duane H. Wunsch
   1. Types of Surveys: Is the Correct One Being Used?
   2. Boundary Line Errors and Inaccuracies
   3. Legal Description Discrepancies
   4. Encroachments: Ensuring They Don't Create Issues
   5. Easement and Access Issues
   6. Top Strategies for Resolving Survey-Related Issues
3. Resolving Title Defect Complexities
   1:15 - 2:15, Kevin J. Dunlevy
   1. Ownership Discrepancies
   2. Defective Documentation
   3. How to Handle Various Kinds of Unreleased Liens
   4. Unreleased Mortgages
   5. Legal Issues with Affidavits as a Means to Resolve Title Issues
4. Quiet Title Suits as a Means to Resolve Title Problems
   2:45 - 3:15, Steven E. Zablocki
   1. Investigative Strategies
   2. Title Complaint and Service of Process Issues
   3. Evidentiary Complications in Quiet Title Litigation
   4. Hearing, Settlement and Trial Tips
5. Sticky Land Use, Zoning, and Environmental Issues
   3:15 - 4:15, Steven E. Zablocki
   1. Land Use Complications
   2. Verifying Zoning Requirements
   3. Variances, Special Use Permits, and Changes in Zoning
   4. Environmental Site Assessments & Quantifying Environmental Liabilities
   5. Environmental Cleanup Problems
   6. Allocating and Minimizing Risks
6. Handling Other Title Difficulties
   4:30 - 5:00, Kevin J. Dunlevy
   1. Transactions With Legal Entities, Fiduciaries, Powers of Attorney, etc.
   2. Increase in Value of the Property
   3. Manufactured Homes
7. Legal Ethics Challenges
   5:00 - 6:00, Steven E. Zablocki
   1. Conflicts of Interest Problems
   2. Attorneys' Fees
   3. Applying the Duties of Competence and Diligence
   4. Liability in Title Examination
   5. Disclosure of Defects

Accreditation Details:

Kevin J Dunlevy is a partner in the Minneapolis law firm of Beisel & Dunlevy, P.A., where he practices in real estate and creditors' remedies. He is a real property law specialist, certified by the Minnesota State Bar Association. Mr. Dunlevy is experienced in real estate litigation, transactions, foreclosures, evictions, and other creditors' remedies. He is a frequent presenter at seminars for attorneys, title companies, realtors and lenders; and he has written numerous articles and publications for professional and trade groups. Mr. Dunlevy is a member of the Hennepin County, Minnesota State, and American bar associations; as well as the State Bar Association of North Dakota and the State Bar of Wisconsin. He co-chairs the Legislative Committee of the Real Property Section of the Minnesota State Bar Association, and is the past chair of the Title Insurance Litigation Committee of the American Bar Association's Torts and Insurance Practice Section. Mr. Dunlevy recently taught real estate law to lawyers and law students in Ukraine, including real estate and mortgage fraud. He earned his B.A. degree, cum laude, and his J.D. degree from the University of North Dakota.

Duane H Wunsch is vice president and Wisconsin state counsel for Fidelity National Title Group. He has more than 30 years of experience, including searching and examining titles, closing transactions, and handling title insurance claims. Mr. Wunsch is a member of the Milwaukee Bar Association, the Wisconsin Land Title Association, and the State Bar of Wisconsin. He earned his B.A degree from the University of Wisconsin, Madison and his J.D. degree from Emory University School of Law.

Steven E Zablocki is underwriting counsel for First American Title. He previously worked as foreclosure counsel litigating secured lender disputes. Mr. Zablocki has extensive knowledge of title matters and was a frequent lecturer to firm staff, and has conducted numerous training sessions onsite for national lenders. He earned his B.A. degree from Marquette University and his J.D. degree, cum laude, from Michigan State University College of Law. Mr. Zablocki is a member of the State Bar of Wisconsin.