Title Due Diligence: Title search, examination, and insurance
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Program Summary
Session I – Comprehensive Guide to Title Search and Examination – Jex Lawrence
This session offers an in-depth look into the process of conducting a thorough title search and examination. Participants will learn the techniques for tracing the chain of titles using public records, title plants, and online tools. The session covers the critical analysis of key documents, including deeds, mortgages, and various types of liens. Attorneys will gain the skills needed to identify and address potential issues during the title search, ensuring a clear and accurate title report.
Key topics to be discussed:
- Title Search Fundamentals: Utilizing public records, title plants, and online resources
- Document Analysis: Examining deeds, mortgages, and assignments
- Lien Detection: Identifying federal tax liens, construction liens, and more
Session II – Navigating Title Commitments and Insurance Endorsements – Brandon Marchiafava
This session provides detailed insights of title commitments and the role of insurance endorsements in real estate transactions. Participants will learn how to interpret and negotiate title commitments, with a focus on understanding schedules, exceptions, and insurer obligations. The session also covers various ALTA and non-ALTA endorsements, explaining their purposes and the criteria for obtaining them. Attorneys will leave with the knowledge needed to tailor endorsements to specific transaction requirements.
Key topics to be discussed:
- Understanding Title Commitments: How to read, interpret, and negotiate commitments
- ALTA Endorsements Explained: From zoning to construction loan endorsements
- Non-ALTA Endorsements: Key endorsements to consider for special cases
- Insurer Expectations: Understanding underwriting criteria for securing endorsements
Session III - Interpreting Surveys and Legal Descriptions – Jessica MacAllister
This session delves into the interpretation of land surveys and legal descriptions, key components in real estate transactions. Participants will explore different types of surveys, including ALTA/NSPS Land Title Surveys, and learn the importance of accurate legal descriptions. The session will guide attendees through the process of reading and reviewing surveys, identifying potential issues like encroachments and easements, and understanding their impact on title insurance.
Key topics to be discussed:
- Survey Essentials: Understanding the types and purposes of real estate surveys
- ALTA/NSPS Survey Standards: Best practices for compliance and review
- Decoding Legal Descriptions: Metes and bounds and other description formats
- Impact of Survey Issues: How encroachments and easements affect title insurance
Session IV – Navigating Title Challenges: Essential skills for clear property ownership– Erica Minchella
This session will discuss numerous title issues that would need to be removed before clear title could pass to the purchaser. We will discuss specific issues that might appear on a title commitment including liens, easements that do not show on a survey but show on title, municipal requirements, and various types of litigation issues.
Key topics to be discussed:
- Clearing title for estate sales
- Unreleased prior mortgages
- Tax, municipal, receiver, and judicial liens
- Pending issues such as slander of title, quiet title, lis pendens
- Easements showing on title (and not on a survey)
Date / Time: October 23, 2024
- 11:00 am – 3:30 pm Eastern
- 10:00 am – 2:30 pm Central
- 9:00 am – 1:30 pm Mountain
- 8:00 am – 12:30 pm Pacific
Closed-captioning available
Speakers
S. Jex Lawrence | Kutak Rock
Jex represents commercial lenders, project borrowers, community development entities, tax credit investors and other investors in a variety of transactions throughout the country, including commercial lending, tax-exempt bond financing, real estate development projects, sales and acquisitions, and leasing. Jex has an active practice as counsel to several national banks with lending platforms providing preconstruction, construction, permanent, and bridge loans for affordable housing projects involving federal and state tax credit programs. He has also assisted lenders on mortgage and mezzanine loans secured by multifamily mixed-use, office and retail developments, charter schools, and hotel projects. In addition, Jex routinely counsels tax credit syndicators and investors in real estate development transactions involving low-income housing tax credits (LIHTC) and new markets tax credits (NMTC). He also represents investors in a variety of related matters including drafting and negotiation of real estate, corporate, and partnership documents.
Brandon Marchiafava | Kutak Rock
Brandon represents commercial lenders and developers in a variety of financial transactions, including commercial lending, real estate development projects, sales and acquisitions, and leasing. He has served as counsel to several national banks, assisting their community development lending platforms to provide comprehensive lending services on predevelopment, construction, bridge and permanent loans on multifamily housing projects using Low Income Housing Tax Credits (LIHTC). Brandon also represents regional banks in their general commercial lending and healthcare lending platforms, including: asset based loans, revolving lines of credit, senior housing loans, skilled nursing loans, and other business loans. He routinely represents commercial real estate lenders who originate loans on projects including multifamily housing, condominiums, industrial and self-storage utilizing mortgage, mezzanine and C-PACE financing structures.
Jessica Lynn MacAllister| Holland & Knight
Jessica MacAllister is an attorney in Holland & Knight’s Atlanta office. Ms. MacAllister represents institutional lenders, commercial banks and specialty finance companies in secured lending transactions, focusing on commercial real estate security in multistate transactions and related documentation and negotiations in all asset classes. She has specific knowledge and experience in healthcare finance transactions and healthcare real estate.
Ms. MacAllister regularly advises national banks and other financial institutions in the participation and syndication of loans and on matters related to the transition of LIBOR.
In addition to her legal practice, Ms. MacAllister serves as the co-chair of Holland & Knight’s Women’s Initiative in the Atlanta office and serves as chair of the Atlanta office’s attorney mentoring program. She also maintains an active pro bono practice through Pro Bono Partnership of Atlanta.
Erica C. Minchella | Erica Minchella & Associates
Erica Crohn Minchella has practiced law and is licensed in Illinois since 1981 in different iterations, but always in the areas of bankruptcy or real estate. She received her B.A. in English Education from University of Illinois and her J.D. from Loyola University of Chicago. Minchella has taught courses for the Chicago Bar Association, Illinois State Bar Association and IICLE on bankruptcy matters as well as to local organizations on both bankruptcy and in national continuing legal education programs in real estate matters. Minchella is a member of the Illinois State Bar Association (Real Estate Section Council), North Suburban Bar Association (Board of Directors), Justinian Society of Lawyers, Illinois Real Estate Lawyers Association (Vice President), and is the founder and President of Association of Foreclosure Defense Attorneys (now Association of Foreclosure and Consumer Protection Attorneys), as well as being involved in civic and community organizations.
Erica has won top awards from SuperLawyers (12 years), Leading Lawyers (20 years), Avvo, Martindale Hubbel, Midwest’s Top-Rated Lawyers, Showmark (Chicago Magazine) and Top Attorneys of North America.
Teaching is a passion for Erica which she pursues by teaching for ISBA, IRELA and various title companies. She also teaches real estate brokers for various agencies. Erica is a regularly published contributor to the Chicago Daily Law Bulletin on real estate issues. Her first book Transforming Troubled Real Estate with Strategic Solutions: Foreclosures, Short Sales, Buying Troubled Properties, and more, was published by Amazon in March 2024.
Agenda
Session I – Comprehensive Guide to Title Search and Examination | 11:00am – 12:00pm
- Title Search Fundamentals: Utilizing public records, title plants, and online resources
- Document Analysis: Examining deeds, mortgages, and assignments
- Lien Detection: Identifying federal tax liens, construction liens, and more
Break | 12:00pm – 12:10pm
Session II – Navigating Title Commitments and Insurance Endorsements | 12:10pm – 1:10pm
- Understanding Title Commitments: How to read, interpret, and negotiate commitments
- ALTA Endorsements Explained: From zoning to construction loan endorsements
- Non-ALTA Endorsements: Key endorsements to consider for special cases
- Insurer Expectations: Understanding underwriting criteria for securing endorsements
Break | 1:10pm – 1:20pm
Session III – Interpreting Surveys and Legal Descriptions | 1:20pm – 2:20pm
- Survey Essentials: Understanding the types and purposes of real estate surveys
- ALTA/NSPS Survey Standards: Best practices for compliance and review
- Decoding Legal Descriptions: Metes and bounds and other description formats
- Impact of Survey Issues: How encroachments and easements affect title insurance
Break | 2:20pm – 2:30pm
Session IV – Navigating Title Challenges: Essential skills for clear property ownership | 2:30pm – 3:30pm
- Clearing title for estate sales
- Unreleased prior mortgages
- Tax, municipal, receiver, and judicial liens
- Pending issues such as slander of title, quiet title, lis pendens
- Easements showing on title (and not on a survey)
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