Title Law: Examination to Commitment

Agenda / Content Covered

1. Conducting the Title Search and Examination
   10:00 - 11:15, Cheri A. Hipenbecker
   1. The Mechanics of Running the Chain of Title: Public Records Search, Title Plants, Online Sources, Etc.
   2. The Examination
      1. Deeds
      2. Mortgages
      3. Assignments
      4. Releases
      5. Discharges
      6. General Liens
      7. Federal Tax Liens
      8. Construction Liens
      9. Municipal Liens
      10. Lis Pendens
      11. Notice of Settlement
      12. Financing Statements
      13. County Judgments
      14. Corporate Entity - Status Report
      15. United States Patriot Act Requirement
2. Reading Surveys and Land Descriptions
   11:30 - 12:40, Cheri A. Hipenbecker
   1. Surveys
      1. Real Estate Related Types and Uses
         1. ALTA/NSPS Land Title Surveys and the 2021 Survey Standards
      2. Review Process
         1. Easements/Restrictions
         2. Encroachments
         3. Compliance to ALTA/NSPS Survey Requirements
      3. Survey Issues and the Impact on Title
   2. Legal Descriptions
      1. Types of Legal Descriptions
      2. Reading Legal Descriptions - Metes and Bounds
      3. Common Legal Description Problems
3. Curing Title Defects During Foreclosure
   1:10 - 2:30, David J. Winterton
   1. Foreclosure Process Compliance
   2. Foreclosure Advertisement Errors
   3. Pending Litigation
   4. Possible Parties in Possession/Execution of Assignments
   5. Unpaid Personal Property Taxes
   6. Open Equity Lines of Credit
   7. Federal Tax Liens
   8. Affidavits Canceling a Deed-in-Lieu
   9. Fiduciary Relationships
4. The Title Commitment
   2:30 - 3:30, Anita I. Lotz
   1. Title Search and Examination Standards
   2. How the Commitment Portrays, and Differs From, the Underlying Title
   3. Challenging Titles to Insure
   4. Insurer's Obligations Under the Commitment
   5. The Jacket
   6. The Schedules
      1. Schedule A
      2. Schedule B-1: Requirements
      3. Schedule B-2: Exceptions to Coverage
      4. "Below the Line" Information
   7. Negotiating the Title Insurance Commitment
      1. Standard Exceptions
      2. Special Exceptions
      3. Affirmative Coverage
5. Understanding the Title Policy
   3:30 - 3:45, David J. Winterton
   1. Covered Risks
   2. Exclusions
   3. Conditions
6. Title Insurance Endorsements
   4:00 - 5:00, Anita I. Lotz
   1. Why Endorsements?
   2. How to Obtain Endorsements That Fit the Situation
   3. Underwriting Criteria: What is the Title Insurer Looking for?
   4. Standard ALTA Endorsements (ALTA 2006 and 2021 Forms)
      1. Zoning
      2. Condominium
      3. Variable Rate
      4. Manufactured Housing
      5. Environmental Protection Lien
      6. Restrictions, Encroachments, Minerals
      7. Assignment
      8. Mortgage Modification
      9. Aggregation
      10. Location
   5. Commercial ALTA Endorsements
      1. Leasehold
      2. Future Advance
      3. Non-Imputation
      4. Access
      5. Tax Parcel
      6. Contiguity
      7. Doing Business
      8. Same as Survey
      9. Subdivision
      10. Easement - Damage or Enforced Removal
      11. Construction Loan Pending Disbursement
   6. Non-ALTA Endorsements Worthy of Consideration
      1. Gap
      2. Fairway
      3. Successor Owner
      4. Tax Sale

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 mid-west 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.

Anita I. Lotz is a member of the Memphis law firm of Farris Bobango PLC, where her areas of practice include commercial lending, real estate transactions, title law, foreclosures and financial institutions regulatory law. Ms. Lotz has spoken for various business and professional organizations on a variety of foreclosure and commercial lending issues. She is a member of the Memphis, Tennessee and American (member, Business Law Section) bar associations; and the Association of Women Attorneys. Ms. Lotz earned her B.A. degree from Northwestern University and her J.D. degree from Boston University.

David J. Winterton is a partner in the Las Vegas law firm of David J. Winterton & Associates, Ltd., devoting the majority of his practice to bankruptcy law, corporate structuring, corporate reorganization and real property law. He is a licensed real estate broker in the state of Utah. Mr. Winterton has been certified in business bankruptcy law by the American Bankruptcy Board of Certification. He has lectured and written articles on a variety of landlord/tenant, bankruptcy and real estate topics. A graduate of Brigham Young University, Mr. Winterton earned his J.D. degree from Pepperdine University. He is a member of the American Bankruptcy Institute and the Association of Southern Nevada Bankruptcy Attorneys (director, 1993-1996). Mr. Winterton is the originator and first president of the bankruptcy section of the State Bar of Nevada.