Description:
Learn what to look for when reviewing titles and get practical strategies for curing the issues before closing.
Titles are often subject to outstanding interests and claims, some genuine but others unsubstantial or baseless. What types of defects, liens and encumbrances impair the title to real estate? When, as the result of tangible matters revealed by a search and examination of the title, is the title unmarketable?
Learn what to look for when reviewing the title commitment and land survey, and what endorsements are currently available that provide additional coverage against a spectrum of title risks. Under what circumstances will title insurance be available to insure against mechanics liens, judgment liens, tax liens and other recurring statutory liens? Discuss and compare practical pre-closing solutions to real estate title problems involving sellers, buyers and lenders.
Areas Covered in the Session:
Boundary Issues
- Property Descriptions: Drafting Pitfalls
- Ascertaining and Reconciling Overlapping Descriptions
- Fences and Adverse Possession
- Surface and Subsurface Encroachments
- Interpreting Land Surveys
Highways and Public Roads
- Vehicular Access and Abutter's Rights
- Encroaching Buildings and Structures
- Trees and Vegetation
- What Does the Title Policy Cover, Exclude?
Railroad Rights of Way
- Fee Simple or Easement?
- Establishing Succession in the Absence of Title Records
- Rights of Abutting Owners
Easements
- Express, Implied and Prescriptive
- Utility Easements
- Access Easements
- Licenses Distinguished
Restrictive Covenants
- Types of Covenants, Conditions and Limitations
- Role of Statutes of Limitations That Bar Enforcement
Judgments, Tax Liens and Statutory Liens
- Judgment Liens
- Federal Tax Liens
- Other Federal Liens
- Mechanics Liens
Miscellaneous
- Leases
- Options to Purchase, Rights of First Refusal
- Recorded Affidavits and Notices
- Lis Pendens and Pending Suits
Mortgage Foreclosure
- Procedural Defects and Omitted Liens That Impair Post-Foreclosure Titles
- Condominium Association Liens
- When Bankruptcy Coincides
- Short Sales and Deeds in Lieu of Foreclosure: Special Considerations
- Transfers by Receivers
Credit Information (Sponsored by Lorman Education Services):
- CLE
- NALA
Only registered attendee will receive continuing education credit.
Instructor Profile:
Duane H. Wunsch, Fidelity National Title Group, Inc.
- Vice president and state counsel for Fidelity National Title Group, Inc.’s Wisconsin office
- 30 years of experience as in-house underwriting and claims counsel
- Frequent lecturer to both attorney and nonattorney customer groups
- Regularly conducts training sessions for title and escrow staff
- J.D. degree, Emory University; B.A. degree, University of Wisconsin-Madison
- Can be contacted at 262-796-3852 or duane.wunsch@fnf.com
(Not available outside the US)