Agenda / Content Covered

1. Current and Emerging Issues in Title Law
   10:00 — 10:45, Brad Hoeschen
   1. Impacts of the Coronavirus
   2. Emerging Technologies and Their Impact on Real Estate Closings
   3. Remote and Online Notary Legislation Update
   4. Ability to Insure Remote and Online Notary Transactions
   5. Model Statutes
   6. States Taking Action
2. Reading Complex Legal Descriptions, Maps and Historical Documents
   10:45 — 12:00, Duane Wunsch
   1. Erroneous, Ambiguous and Contradictory Legal Descriptions
   2. Analyzing Properties with Complex Boundaries
   3. Interpreting Confusing Plats and Other Maps
   4. Working with Vague, Ancient Documents
   5. Reviewing and Understanding Schedule B(II) Title Exceptions
   6. Title Searching Errors
3. Curing Survey, Easement and Boundary Problems
   12:15 — 1:15, Duane Wunsch
   1. Reading Complicated Legal Descriptions and Land Surveys
   2. Unrecorded, Inaccurate or Conflicting Surveys
   3. Unresolved Boundaries
   4. Riparian Rights and Water Boundary Problems
   5. Locating Easements and Determining Rights
   6. Troubleshooting Encroachments
   7. Adverse Possession Disputes
   8. Road and Access Problems
4. Resolving Title Issues Stemming From Probate/Deceased Parties
   1:45 — 2:30, Brad Hoeschen
   1. Authority to Convey Real Property
   2. Decedents' Interests and Concurrent Ownership Issues
   3. Tax and Other Liens Against the Decedent
   4. Locating Missing Heirs
   5. Transfers by Probate Court
   6. Transfers on Death
   7. Transfers to and From Trusts
   8. Clearing Title to Probate Real Estate
5. Troubleshooting Various Problems
   2:30 — 3:45, Duane Wunsch
   1. Strategies for Dealing with Unwanted Title Exceptions
      1. Risks
         1. Standard Exceptions
         2. Special Exceptions
            1. Outstanding Ownership Interests
            2. Unsatisfied Mortgages and Liens
            3. Easements, Covenants, Conditions and Restrictions
         3. Factual Information the Title Insurer is Looking For
      2. Title Indemnities
      3. Escrows
      4. Litigation
      5. Choosing Forms of Coverage
   2. Title Policy as Insurance Contract: Key Terms
      1. Who is the Insured
      2. What is Insured
      3. Reporting Claims
      4. Defense Cooperation
      5. Control of Counsel Selection
   3. Coverage Disputes
      1. Scope of Coverage
      2. Defenses to Coverage
      3. Good Faith Obligation of the Parties
6. Avoiding Ethical Issues and Conflicts of Interest
   4:00 — 5:00, Brad Hoeschen
   1. Client Management and Effective Communications
   2. Conflicts of Interest
   3. Preventing Mishandling of Escrow Funds
   4. Disclosure of Defects in Property
   5. Liability in Title Examination

Accreditation Details:

BRAD L.F. HOESCHEN is the North Central Division agency manager and underwriting counsel for Old Republic National Title Insurance Company. In his capacity as vice president he managers Old Republic’s agency network in Minnesota, North Dakota, South Dakota and Wisconsin. Mr. Hoeschen works to strengthen Old Republic’s agency network in the North Central Division and provides underwriting support to agents in all four states. He is a member of the Wisconsin Land Title Association Board of Directors. Mr. Hoeschen was also the lead drafter of Wisconsin’s Remote Online Notary legislation, which is currently pending in the Wisconsin Legislature. Prior to his current position, he was Old Republic Title’s Wisconsin state manager and underwriting counsel. He served in that capacity from June of 2016 through April of 2019. Before joining Old Republic, he worked in private practice in litigation defending title insurance companies and agents. He also worked in transactional practice, assisting individuals and corporations in acquiring real property. Mr. Hoeschen currently serves on the Milwaukee Administrative Review Appeals Board, hearing appeals of various violations of municipal ordinances. He was appointed to the position by the mayor of Milwaukee. Mr. Hoeschen is a graduate of Marquette University Law School and Loyola University-New Orleans. He has served as adjunct faculty at Marquette University Law School.

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.