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Live Seminar

Title Law: A to Z

Seminar

Date:

2 Day Seminar
Monday, June 04, 2018 -
Tuesday, June 05, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

79259ER

Location:

Tampa Westshore Marriott

1001 N Westshore Blvd

Tampa, FL 33607

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • FL CLE - 14.50

Other

  • IACET - 1.20

Program Description

Everything You Don't Know About Title Law (But Wish You Did)

As an attorney who handles real estate closings, knowing the ins and outs of title law is not optional. Being able to identify, analyze and cure common defects is a vital part of your practice, and one that comes with an assortment of liabilities and pitfalls. In this two-day, inclusive title law course, you'll learn the latest techniques for examining titles and curing common defects, as well as gain a thorough understanding of title insurance policies, endorsements and commitments. Build your title law knowledge at this comprehensive program - register today!

  • Identify critical title insurance risks inherent in public land records.
  • Discover when (and when not) to use endorsements.
  • Learn new insights and tips on obtaining additional coverage.
  • Dig deep into key issues of the commitment and how it portrays and differs from the underlying title.
  • Find out what attorneys can be held liable for in title examination - and how to avoid those risks.
  • Learn how title examiners analyze breaks in chain, foreclosure, bankruptcy and boundary issues.
  • Gain new techniques for drafting easements, deeds, releases and affidavits of facts.
  • Know how to read legal descriptions, surveys and plat maps like a surveyor.
  • Identify grounds for a quiet title action, what records are needed and how to find them.

Who Should Attend

This basic-to-intermediate level program is designed for professionals who want to maximize their title law knowledge:

  • Attorneys
  • Title and Abstract Professionals
  • Real Estate Professionals
  • Lenders
  • Paralegals

Course Content

Day 1: Understanding Title Insurance

  1. Understanding Title Insurance
  2. Endorsements and Exclusions to Policies
  3. Negotiating Title Insurance Endorsements
  4. Obtaining Additional Coverage
  5. The Commitment and Closing Letters
  6. Ethical Considerations

Day 2: How to Cure Common Title Defects

  1. How Title Examiners Analyze and Cure Defects
  2. Title Objections: When and How to Make Them
  3. Drafting Documents to Cure Defects
  4. Reading Surveys, Descriptions and Plats
  5. Quiet Title Actions

Continuing Education Credit

Continuing Legal Education – CLE: 14.50 *

International Association for Continuing Education Training – IACET: 1.20


* denotes specialty credits

Agenda / Content Covered

Day 1: Understanding Title Insurance

  1. Understanding Title Insurance
    9:00 - 10:00, Christopher W. Smart
    1. Components of the Title
    2. Risks Inherent in Public Land Records
    3. Structuring of ALTA Policies
  2. Endorsements and Exclusions to Policies
    10:15 - 11:30, James A. Schmidt
    1. When to Use Endorsements
    2. State Rules for Filing Endorsements
    3. Owners' Policy vs. Loan Policy Endorsements
    4. Commercial vs. Residential Endorsements
    5. Standard ALTA Endorsements
    6. Commercial ALTA Endorsements
    7. Exclusions/Exceptions to Policies
  3. Negotiating Title Insurance Endorsements
    11:30 - 12:30, Melissa N. Champagne
    1. Term of Coverage
    2. Endorsement Costs
    3. Extent of Coverage
    4. Other Issues to Negotiate
  4. Obtaining Additional Coverage
    1:30 - 2:15, Melissa N. Champagne
    1. Affirmative Coverage to Suit the Situation
    2. Non-ALTA Endorsements
  5. The Commitment and Closing Letters
    2:15 - 3:15, Christopher W. Smart
    1. Commitment vs. the Underlying Title
    2. Insurer's Obligations
    3. Review and Negotiation Tips
    4. The Jacket (with Examples)
    5. Schedule A, B-1 and B-2
    6. Affirmative Coverage
    7. Mortgagee's and Lender's Title Policy
    8. Gap Coverage
    9. Opinion Letters
  6. Ethical Considerations
    3:30 - 4:30, Malcolm J. Pitchford
    1. Conflicts of Interest
    2. Disclosure of Defects in Property
    3. Liability in Title Examination

Day 2: How to Cure Common Title Defects

  1. How Title Examiners Analyze and Cure Defects
    9:00 - 10:30, Lynne M. Crotty
    1. Breaks in Chain of Title and Estate Issues
    2. Rights of Third Parties/Missing Interests
    3. Foreclosure and Mortgage-Related Issues
    4. Tax Liens
    5. Bankruptcy
    6. Mechanic's Liens and Other Liens
    7. Judgments
    8. Encumbrances and Encroachments
    9. Boundary and Zoning Issues
    10. Prescriptive Easements and Adverse Possession
    11. Legal Description Errors
    12. Unpaid Taxes
    13. Mineral and Water Rights
    14. Curing Fraud and Forgery Defects
  2. Title Objections: When and How to Make Them
    10:45 - 11:45, Malcolm J. Pitchford
    1. Top Issues to Object
    2. Objections After Review Periods
    3. Lenders and Title Objections
    4. Drafting Title Objection Letters
  3. Drafting Documents to Cure Defects
    11:45 - 12:45, Eric A. Cruz
    1. Easements
    2. Corrective Deeds/New Deeds
    3. Releases and Satisfactions of Mortgages
    4. Affidavits of Facts
    5. Monetary Settlement and Escrow Agreements
    6. Additional Curative Instruments
  4. Reading Surveys, Descriptions and Plats
    1:45 - 3:15, Shawn M. Yesner
    1. Reading the Survey into the Commitment
    2. ALTA/NSPS Land Title Surveys
    3. Survey Review Process, Elements and Symbols
    4. Finding Boundaries That Tie to Meander Lines
    5. Inaccurate Surveys and Surveyor Reports
    6. Standards Used by the Surveyor
    7. Preparation of the Boundary Survey
    8. Survey Coverage
    9. How to Read Descriptions
    10. Inappropriate Use of Tax Parcels and Addresses
    11. Identifying Typographical Errors
    12. Handling Vague, Inaccurate and Conflicting Descriptions
    13. How to Read Plat Maps Like a Surveyor
  5. Quiet Title Actions
    3:30 - 4:30, Shawn M. Yesner
    1. Grounds for a Quiet Title Action
    2. Initiating a Quiet Title Action - State Procedures
    3. Quiet Title Action vs. Other Curative Measures
    4. Identifying Interested Parties and Locating Records
    5. Quiet Title Action Mechanics 101

MELISSA N. CHAMPAGNE is a sole practitioner that represents clients in all areas of real estate law, including residential and commercial transactions and closings and title disputes. Ms. Champagne earned her B.A. degree from Eckerd College in St. Petersburg, Florida and her J.D. degree from Boston University School of Law.

LYNNE M. CROTTY is senior vice president at Albertelli Law. She is a licensed title agent with more than 19 years of experience in the title industry. Beginning as a title researcher in 1999, she honed her skills in residential and commercial examination before shifting her focus to national development. Motivated by the growth of the title insurance industry, Ms. Crotty began her work in national operations when employed by two title organizations to expand their operations into more than 30 states. After the completion of the final project in 2010, Ms. Crotty began working with two top-producing Florida agencies to manage their operational growth from a single local market to five branches with state-wide success. After serving as national director for a top 5 underwriter, she returned to development by taking a regional law firm into 36 licensed states and establishing their operations as a nationwide player in the title insurance industry. Ms. Crotty has a solid reputation in effectively planning and executing major growth initiatives. She is committed to maintaining a focus on the needs of the business and consumers, as well as fostering growth and development through education. In her personal time, she is an avid philanthropist, having worked with the Coalition for the Homeless, iDignity, the Humane Society, and most recently serving on the Board of Directors for Break the Silence against Domestic Violence and with the Junior League of Tampa Bay. Ms. Crotty attended the University of Phoenix.

ERIC A. CRUZ is a partner with Bivins & Hemenway, P.A., where he serves as a trusted legal advisor to business owners, real estate investors, and families seeking to preserve and pass down their wealth and values. His practice focuses on real estate, closely held businesses, and estate planning, combining experience in these areas to provide a comprehensive approach to various types of real estate and business transactions, as well as succession planning for both businesses and families. Mr. Cruz is a cum laude graduate of the University of Florida Levin College of Law.

MALCOLM J. PITCHFORD is a partner with Shumaker, Loop & Kendrick, LLP in the real estate practice group. He is a board certified real estate attorney. Mr. Pitchford has extensive experience in representing individual and corporate clients in purchasing, selling, leasing and developing residential and commercial properties. In addition, he regularly represents individual and private lenders in connection with residential and commercial acquisition, development and construction loans. Mr. Pitchford acts as closing/title agent and, in connection therewith, issues title insurance commitments and title insurance policies as an agent for numerous title insurance underwriters, including Attorneys' Title Insurance Fund, Inc., Old Republic National Title Insurance Company, Ticor Title Insurance, Fidelity National Title Insurance Company of New York, First American Title Insurance Company, Commonwealth Land Title Insurance Company, Chicago Title Insurance Company, and Stewart Title Guaranty Company. He is a panelist for the American Arbitration Association, as well as a certified residential mortgage foreclosure mediator. Mr. Pitchford is certified as a program arbitrator by The Florida Bar in connection with its Grievance Mediation and Fee Arbitration Program. He is active in The Florida Bar, having most recently served as chair of the 12th Judicial Circuit Grievance Committee (12A). Mr. Pitchford is a voluntary mediator for The Florida Bar's Attorney Consumer Assistance Program (“ACAP”), and has been appointed to the Grievance and Fee Arbitration Committee of The Florida Bar. He is a member in good standing of the Sarasota County Bar Association, The Florida Bar (Real Property, Probate and Trust Law sections), American Bar Association (Business Law and Real Property, Probate and Trust sections); and has been enrolled as a solicitor by the Law Society of England and Wales. Mr. Pitchford is a member of the following committees of the American Bar Association: Banking Law; Subcommittee on Commercial and Real Estate Lending; Environmental, Energy and Natural Resources Law; Subcommittee on Lenders' Issues, Multi-Disciplinary Practice, Ethics, Professionalism and Public Education; and Loan Practices and Lender Liability. He also is a fellow of the American College of Mortgage Attorneys and has been selected for inclusion in the 2018 edition of Best Lawyers in America. Mr. Pitchford received both B.A. and J.D. degrees from the University of Florida.

JAMES A. SCHMIDT is a managing partner in the Tampa law firm of James A. Schmidt, P.A. He practices in the areas of business, tax and real estate law, representing individuals, companies, lenders and investors in their entity formation and transactional matters. He has extensive experience counselling business entities and their owners and stakeholders on governance issues arising in closely held businesses. Before practicing law, Mr. Schmidt worked as a certified public accountant for eight years in both the audit and tax fields, and provided transaction services in public stock and debt offerings. Mr. Schmidt received his B.S. degree in accounting and finance from Drexel University’s Leboe College of Business and his J.D. degree from the Widener University College of Law. He is licensed as a CPA by the Commonwealth of Pennsylvania. Mr. Schmidt is currently a co-director of the Tax Section of The Florida Bar, and serves on several committees of the Tax Section of the American Bar Association. He also serves on the Board of Directors of the Tampa Bay Chapter of NAIOP (National Association of Industrial and Office Properties) and as general counsel to Real Estate Lives, a Tampa based 501(c)(3) organization.

CHRISTOPHER W. SMART is an attorney at Carlton Fields PA. He tries real estate, title insurance, and consumer finance cases. He represents national title insurance companies, lenders, creditors, and a broad array of real estate owners, developers, and investors. He has significant experience in title to real property, real estate contracts and transactions, title insurance, mortgage lending, and consumer finance. Mr. Smart's title insurance practice involves coverage determinations, disputes, and litigation, closing protection letter claims, title agent defalcations, and insurance bad faith claims. He also represents insured owners and lenders on behalf of their title insurers in litigation involving all manner of title defects and priority disputes. Mr. Smart’s consumer finance practice involves lender liability, consumer protection, loan servicing, and mortgage foreclosure trials and appeals. Mr. Smart’s development practice involves defending real property developers and their development rights, including litigation over condominium developments, condominium declarations, restrictive covenants, easements, and Florida’s Marketable Record Title Act. Mr. Smart is chair of The Florida Bar's Title Issues and Standards Committee and a member of the American Land Title Association's Title Counsel and Real Property Records committees. He is the co-leader of the firm’s real property litigation practice group and title insurance industry group. Mr. Smart received his B.A. degree, with distinction, from George Mason University; his M.A. degrees from the University of Florida and The John Hopkins University; and his J.D. degree, with high honors, from University of Florida Fredric G. Levin College of Law.

SHAWN M. YESNER is one of the founders of the firm of Yesner Law in Tampa. He oversees the general operation of the firm and represents clients in residential and commercial foreclosure; Chapter 7, Chapter 11 and Chapter 13 bankruptcies; residential and commercial closings, including refinances; loan, debt and short sale negotiation; debt collection negotiation; and general corporate matters. To support the law firm, Mr. Yesner is the host of the Crushing Debt Podcast, where he discusses strategies to help eliminate the financial bullies from your life. In addition to his Florida Bar license, Mr. Yesner also is licensed to practice before the U.S. District Court for the Middle District of Florida. He is a member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and a licensed title insurance agent with Attorneys' Title Insurance Fund, Inc. Mr. Yesner holds an accounting degree from Florida State University, a Juris Doctorate degree from Cumberland School of Law, Samford University, and is a member of Phi Delta Phi Legal Fraternity.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

FL CLE: 14.50 Includes - Ethics: 1.00, Real Estate: 14.50
Approved by The Florida Bar for a maximum of 14.5 general hours of CLER credit including 1.0 hour of ethics. Certification: 14.5 hours - Real Estate.


International Association for Continuing Education Training

N IACET: 1.20
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 1.2 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendees should be able to: 1. State two essential components of title insurance. 2. Define commercial vs. residential endorsements. 3. State two tips for negotiating title insurance endorsements. 4. List three different examples of when you would need to obtain additional coverage. 5. State two components of the title insurance commitment. 6. State two ethical considerations for title law attorneys. 7. List two tactics title examiners use to search breaks in chain. 8. Describe when to make a title objection. 9. State two tips for drafting easements. 10. Review how to read surveys using metes and bounds. 11. State what the grounds are for bringing a quiet title action.

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Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
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