Title Insurance Risks in Distressed Real Estate Transactions
Evaluating and Dealing With Liens and Other Encumbrances During Title Due Diligence
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, April 4, 2012
Recorded event now available
This CLE webinar will prepare real estate attorneys to address the title insurance implications of purchasing distressed properties. The panel will explain the unique title issues that arise during mortgage modifications, foreclosures, deeds in lieu, bankruptcy and receiver sales, and note, REO, and short sales.
Description
Investors seizing new opportunities to purchase commercial properties out of bankruptcy or from distressed sellers must consider the increased risk of liens and other encumbrances on these properties. In the past, buyers could reasonably rely on title insurance to mitigate risks.
However, due to the stringent underwriting requirements for transactions involving distressed properties, during title due diligence real estate counsel must carefully address the title insurance issues that could have significant economic impact for the buyer, including liens, mortgages, and lawsuits.
Listen as our authoritative panel of real estate attorneys discusses how to address and protect against the title insurance issues implicated when purchasing distressed properties, with emphasis on the available title insurance endorsements and required documentation. The panel will explain the unique title concerns arising with respect to mortgage modifications, foreclosures, deeds in lieu of foreclosure, bankruptcy sales, receiver sales, note and REO sales, and short sales.
Outline
- Analysis of distressed dispositions
- Note Sales
- Short Sales
- REO Sales
- Mortgage Modifications
- Title insurance due diligence strategies in distressed transactions
- Foreclosure sales
- Deeds in lieu of foreclosure
- Bankruptcy sales
- Receiver sales
- Underwriting Requirements
- Sample Forms
- Title Insurance Responses to Distressed Dispositions
- Exclusions and endorsements
Benefits
The panel will review these and other key questions:
- What title insurance concerns must prospective purchasers of distressed commercial real estate evaluate and address during the due diligence period?
- How can purchasers of distressed properties obtain maximum title insurance coverage to protect against liens and other potential encumbrances in the current real estate market?
- What are the available title insurance endorsements and what documentation is necessary to obtain these endorsements?
Faculty
David Weissmann,
Partner
Weissmann Zucker Euster Morochnik, Atlanta
He has represented real estate developers, managers and lenders in a variety of transactions and operational matters for over 25 years. These transactions include construction and permanent financing, revolving credit facilities, loan workouts, foreclosures, condemnation matters and claims, zoning matters and real estate sales, acquisitions, development, construction and leasing.
Mark D. Euster,
Partner
Weissmann Zucker Euster Morochnik, Atlanta
He practices in the areas of commercial real estate and secured lending, and represents financial institutions, real estate investors, developers and national title underwriters. He assists his developer clients in the acquisition, development, management and disposition of various types of commercial real estate.
Karl R. Phares,
Underwriting Counsel
First American Title Insurance Company National Commercial Services, Kansas City, Mo.
He is responsible for underwriting, closing and related title insurance matters for commercial real estate transactions in the Kansas City area and across the country. His background has allowed him to experience the claims perspective of title insurance and real estate closings, and to understand customers’ closing needs and expectations. He has handled a wide variety of complex title issues.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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Program Materials
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Program Materials
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CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Length was ideal and the topic was timely. Excellent!
Jeanette Henderson
University of Washington
The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.
Amy E. McShane
Phillips Lytle LLP
Very good current, practical and applicable discussion and information provided.
Matthew Moore
Clawson & Staubes, LLC
I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.
Thomas G. Mancuso
Haskell Slaughter
The program covered a fair amount of material in a short time period.
Dawn Sharff
Bradley Arant Boult Cummings LLP
Real Estate Law Advisory Board
Partner
Alston & Bird
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Of Counsel
K&L Gates
Counsel
Kilpatrick Townsend & Stockton
Partner
Jones Day
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