During this seminar, you will first learn about common encumbrances and title defects including, without limitation, defective documentation, issues regarding ownership of real property, estate issues, illegal deeds, different types of title fraud, unreleased liens, unrecorded instruments, easements, access issues and encroachments. The speaker plans to address various ways to potentially resolve these common encumbrances and title defects including the important role that title insurance plays in resolving title problems.
A discussion on quiet title lawsuits and how they are used to resolve title defects including by distinguishing quiet title actions from other claims like declaratory judgment, the requirements for maintaining a quiet title action including a discussion of whether possession over the property is a pre-requisite, the nature of a quiet title action in law and in equity, statutory provisions governing quiet title actions and potential defenses to a quiet title action. Finally, the speaker will discuss the challenges that arise when there is title fraud whether it be a defalcation by a title company, lender or broker fraud or fraud by the buyer, seller or refinancing owner, and potential avenues for victims to try and recover losses including through title insurance claims.
Key topics to be discussed:
Common Encumbrances and Defects in Title
Resolving Title Problems
How to Use Quiet Title Suits
Date: June 27, 2023
Jodie E. Buchman | Silverman Thompson
Ms. Buchman maintains a diverse and complex commercial, real estate, bankruptcy, business and finance practice which is primarily litigation oriented. Ms. Buchman regularly represents title insurance companies, government contractors, employers and their insureds, hotels, property owners and landlords, vendors, suppliers, utility companies, business partners, and various other business entities in a variety of complex commercial and business disputes in and out of litigation including:
Commercial disputes (including contract disputes, collections, construction disputes, vendor-supplier disputes, trade secret litigation, company formation, employment disputes, business divorces, government contract disputes between prime and sub-contractor, defense of Bivens claims)
Real estate disputes (including title insurance matters, boundary disputes, land use matters, lease negotiations and terminations, purchase and sale of property, foreclosures and receiverships)
All aspects of workout, restructuring and bankruptcy matters primarily on behalf of the creditor or prospective purchaser (including asset sales, plan confirmation, loan workouts and bankruptcy financings, assumption or rejection of executory contracts, defense of adversary proceedings, landlord and tenant disputes, vendor and supplier disputes, committee participation, and dischargeability complaints)
Prior to joining Silverman Thompson, Ms. Buchman was Of Counsel at DLA Piper LLP and a partner at Gebhardt & Smith LLP.
I. Common Encumbrances and Defects in Title | 12:00pm – 12:30pm
II. Resolving Title Problems | 12:30pm – 1:00pm
Break | 1:00pm – 1:10pm
III. How to Use Quiet Title Suits | 1:10pm – 1:40pm