Agenda / Content Covered

All times are shown in Eastern time

1. The Title Commitment: Recognizing Hard to Spot Issues
   11:00 - 11:30, Cheri A. Hipenbecker
2. Fixing Breaks in Chain of Title
   11:30 - 12:15, Cheri A. Hipenbecker
   1. Unrecorded Deeds and Other Missing Documents
   2. Failure to Include all Proper Parties: Marital Issues, Tenancies in Common, etc.
   3. Missing Signatures
   4. Name Variances and Errors
   5. Missing Estate or Heir Information
   6. Lack of Power of Attorney Documentation for Estate Executors
   7. Using Quiet Title Actions to Cure Breaks in Chain of Title
3. Resolving Title Problems Related to Third Parties
   12:30 - 1:15, Duane H. Wunsch
   1. Constructive Notice: What to Look for in Title Searches
   2. Handling Unrecorded Leases
   3. Right of First Refusal Issues and Contractual Remedies
   4. Adverse Possession and Prescriptive Easement Issues with Unrecorded Occupants
4. Resolving Issues Over Surveys, Legal Description Errors and Boundaries
   1:15 - 2:00, Cheri A. Hipenbecker
   1. Reading Surveys and Legal Descriptions: A Brief Refresher
   2. Incorrect or Incomplete Legal Descriptions
   3. Discrepancies Between Legal Descriptions and Mortgage Documents, Surveys, etc.
   4. Access to Premises: Using Chain of Title to Prove or Disprove Rights
   5. Methods to Resolve Encroachments and Other Boundary Line Issues
   6. Violation of Setback Requirements
   7. Proving Termination and Vacation of Old Roads and Easements
   8. Tips for Drafting Boundary Agreements
   9. Quiet Title Essentials for Survey, Legal Description and Boundary Issues
5. Investigation and Removal Strategies for Tax, Judgment, Mechanics' and Other Liens
   2:30 - 3:15, Duane H. Wunsch
   1. Unsatisfied Judgment Liens
   2. Property Tax Liens
   3. Federal Tax Liens
   4. Failure to Obtain Release of Mechanics' Liens
   5. Springing Liens or Claimed Interests in Property
   6. Notices of Lis Pendens
6. Clearing Mortgage and Foreclosure-Related Defects
   3:15 - 4:00, Bradley W. Solheim
   1. Prior Open Liens in Foreclosure: Refinancing and Open Equity Lines of Credit
   2. Defective or Unreleased Mortgage Foreclosure
   3. Issues with Security Deeds
   4. Failure to Notify or Serve all Necessary Parties
   5. Improper Discharge of Prior Mortgages
   6. MERS Issues: Releasing Securitized Mortgages
   7. Mortgages from Lenders Who no Longer Exist
   8. Gap Mortgages with a Balance
7. Detecting Fraud and Forgery in Title Conveyance
   4:15 - 5:00, Bradley W. Solheim
   1. Recognizing Critical Fraud and Forgery Red Flags
   2. Common Schemes to Watch Out for
   3. Defalcation and Other Closing Agent Issues
   4. Key Steps to Prevent Fraud
8. Ethics
   5:00 - 6:00, Bradley W. Solheim
   1. Duties of Competence and Diligence
   2. Conflicts of Interest
   3. Disclosure of Defects in Property
   4. Liability in Title Examination for Attorneys and Examiners
   5. Attorneys' Fees

Accreditation Details:

CHERI A. HIPENBECKER is general counsel for Knight Barry Title, Inc. She joined Knight Barry Title, Inc. in January of 2007 and has since utilized her skills to help grow the business to be one of the largest title agencies in the Midwest, with more than 25 offices in Wisconsin, Illinois, Minnesota, and Michigan. On a daily basis, Ms. Hipenbecker serves as a first point of contact for Knight Barry Title, Inc.’s staff on legal matters. Prior to joining Knight Barry Title, Inc., she had a private practice for seven years, focusing on real estate and business law. Ms. Hipenbecker speaks frequently on topics ranging from what is a title commitment to how to solve complex title issues. She earned her J.D. degree from the University of Minnesota Law School.

BRADLEY W. SOLHEIM is a partner with Melchert Hubert Sjodin, PLLP and is board certified as a real property specialist by the Minnesota State Bar Association. With 38 years of law practice in the Minneapolis-St. Paul metro area, Mr. Solheim presents to attorneys, real estate professionals, and bank groups on 1031 exchanges, construction lending, title insurance, commercial title insurance, and other industry trends. He is the chief manager of Title Mark, L.L.C., which is a full service title provider. Mr. Solheim is also the chief manager of Title Mark Exchange, LLC, which is a QI for 1031 exchanges. He is a member of the Minnesota State Bar Association and the Eighth District Bar Association. Mr. Solheim earned his B.S. degree from the University of Minnesota, Duluth, and his J.D. degree from the University of Minnesota 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.