Agenda / Content Covered

All times are shown in Eastern time

1. Preceding The Closing Date
   11:00 - 12:00, Neil M. Hilkert
   1. Opening the Closing: How to Get Started
   2. Review of the Sale Agreement
   3. Reading a Title Report and Turning it Into a Commitment
   4. Insured Closing Letters vs. a Title Policy
   5. Coordinating a Settlement Date and Items Not to be Forgotten
   6. The Reports Arrive: Reading Payoff Letters, Title Searches, Tax Searches Surveys and Other Data
   7. Receipt of Closing Package From the Lender
   8. Preparing the Settlement Statement, Using the Lender's Instructions and Sale Agreement
   9. Circulation of Documents for Approval Prior to the Closing
   10. Other Documents Involved
2. Resolving Title Defects Before Closing
   12:00 - 1:00, Stephen M. Parham
   1. Breaks in Chain of Title
   2. Unresolved Probate Issues
   3. Mortgage-Related Defects
   4. Easements and Encroachments
   5. Legal Description Errors
   6. Strategically Employing Title Insurance Endorsements
3. Proper Closing Procedures
   1:15 - 2:15, John T. Banjak
   1. The Role and Duties of the Settlement Agent
   2. Resolving Last Minute Issues at the Closing Table
   3. Document Signing
   4. Obtaining Identification
   5. Originals or Copies?
   6. Preparing the Documents for Recording
   7. Receipt and Handling of Funds From All Parties
   8. Deposits, Disbursements and Holdbacks
   9. Reconciling Funds Received on the Settlement Statement
4. Post Closing Procedures: Tying Up Loose Ends
   2:45 - 3:45, John T. Banjak
   1. Final Recording Information or Certificate From Attorney
   2. Conducting Post-Closing Title Searches
   3. Releases of Pre-Existing Liens
   4. Policy Preparation
   5. Preparing and Returning the Closing Package to the Lender
   6. Resolving Any Remaining Closing Issues
5. Recent RESPA Changes: The Mechanics of Compliance
   3:45 - 4:45, Neil M. Hilkert
   1. Navigating the New Loan Estimate and Closing Disclosure
   2. Restrictions on Costs and Fees
   3. Limits on Closing Costs
   4. Necessary Record Retention Procedures
   5. New Definitions of APR
   6. Effects of New APR Thresholds
   7. How RESPA Changes Affect Title Agents
6. Ethical Considerations
   5:00 - 6:00, Stephen M. Parham
   1. Applying the Rules of Professional Conduct
   2. Good Faith Required in Real Estate Transactions
   3. Lawyers and Title Insurance Companies
   4. Trust Accounts
   5. Representation of Multiple Clients - Conflicts of Interest
   6. Disclosure of Defects in Property

Accreditation Details:

JOHN T. BANJAK is a principal and serves as general counsel of True Title Company, LLC, in St. Louis. He has extensive experience in all facets of the title insurance profession from a legal, title professional and consulting standpoint. Before opening his current company, Mr. Banjak served as president and general counsel for three reputable St. Louis title agencies and as regional underwriting counsel for a national title insurance underwriter. He also served as senior vice president and general counsel for Pulaski Bank. Prior to entering the title insurance field, Mr. Banjak worked as a private attorney and as an assistant attorney general for the state of Missouri. He is licensed to practice law in the state of Missouri, and is a member of the Bar Association of Metropolitan St. Louis. Mr. Banjak lectures frequently on real estate and title-related matters for organizations such as National Business Institute, the Missouri Land Title Association and The Missouri Bar. He has previously taught real estate law as an associate instructor for the St. Louis Community College District. Mr. Banjak earned his B.S. degree from Indiana University and his J.D. degree from Washington University in St. Louis.

NEIL M. HILKERT is of counsel to Reidenbach & Associates, LLC, where his practice focuses primarily on real estate and general business related transactions and litigation. Much of his real estate practice deals with the general operation of homeowner and condominium associations. Mr. Hilkert's practice includes developer and contractor litigation, property and casualty insurance requirements, enforcement of rules and controls, and drafting and amending documents and transition from declarant. He has more than 25 years of professional experience in law, business operations, management consulting and education. Mr. Hilkert is licensed to practice law in the Commonwealth of Pennsylvania and the state of New Jersey, and is a licensed real estate agent in the Commonwealth of Pennsylvania. He has been a real estate investor; has taught continuing education real estate courses; has served on boards of homeowners associations; and has represented individual homeowners, builders, realtors, and municipalities as part of his practice. Mr. Hilkert was an associate professor at Delaware Valley College, where he taught in both the business administration and criminal justice departments. He is a member of the Community Associations Institute's Pennsylvania and Delaware Valley chapters, the Delaware County Bar Association, the Pennsylvania Association of Realtors and the National Association of Realtors. Mr. Hilkert earned his B.A. and M.A. degrees from Bloomsburg University and his J.D. degree from Thomas M. Cooley Law School.

STEPHEN M. PARHAM is a partner with Bloom Sugarman, LLP, in Atlanta, Georgia. He has more than 15 years of experience in counseling clients and trying cases in the fields of commercial business, real estate, and tort litigation. Mr. Parham has represented publicly traded and private companies, real estate developers, contractors, landowners, and others in a variety of civil litigation matters, including workouts and negotiations with commercial lenders, foreclosure and confirmation actions, general business and commercial litigation, as well as all forms of real estate and real property litigation. He has appeared in both state and federal courts and before arbitration and mediation neutrals across the country; and has tried cases to verdict in Georgia, Alabama, Florida, and Texas. Prior to joining Bloom Sugarman, LLP, Mr. Parham was a partner in the business and real estate litigation practice groups of Balch & Bingham LLP’s Birmingham, Alabama office, where he served as co-lead outside counsel for the corporate real estate department of the largest private landowner in Alabama in easement, license, title and eminent domain disputes. Mr. Parham was previously an adjunct professor at the University of Alabama School of Law, where he taught upper level classes in civil procedure and appellate advocacy. He earned his A.B. degree, summa cum laude and Phi Beta Kappa, and his M.A. degree from the University of Georgia; and his J.D. degree from Emory Law School, where he was the executive articles editor for the Emory Law Journal.