Clearing Title for Defects Due to Mortgage-Related Issues, Legal Description Errors, and Foreclosure
Identifying and Resolving Common Title Defects to Ensure Closing of the Deal
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide real estate counsel with a review and discussion on how to clear title defects arising from mortgage-related issues, legal description errors, and foreclosure. The program will analyze the various issues that arise in these common defects and best practices for curing these title defects to close the deal.
Outline
I. Mortgage-related issues
- Improper or failed discharge release of prior mortgages
- Lack of proper assignments of the existing mortgage
- Releasing mortgages from nonexistent lenders
- Undischarged home equity credit lines
II. Legal description errors
- Incorrect legal description
- Discrepancies between description in mortgage and description by city/county
- Discrepancies between historical description and survey description
III. Foreclosure
- Defective mortgage foreclosure
- Failure to serve all necessary parties
- Inclusion of all proper parties on mortgage
- Post-foreclosure issues
- Condominium association liens
Benefits
The panel will review these and other key issues:
- What are the most common mortgage-related issues and what are best practices for investigating and clearing the title?
- What are the most common foreclosure-related issues and what are best practices for investigating and clearing the title?
- What are the most common discrepancies in property legal description and what are best practices for resolving those discrepancies and clearing the title?
Faculty
Sarah D. Cline
Shareholder
Shulman Rogers
Ms. Cline focuses her practice on commerical and residential real estate issues, representing parties in all aspects of... | Read More
Ms. Cline focuses her practice on commerical and residential real estate issues, representing parties in all aspects of residential and commercial sale and refinance settlements. She counsels clients on real estate issues including, researching title problems and assisting property owners with the refinance or sale of their property.
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Monica K. Gilroy
Managing Partner
Gilroy Bailey Trumble
Ms. Gilroy leads her firm's litigation department as the focus of her national litigation practice includes all... | Read More
Ms. Gilroy leads her firm's litigation department as the focus of her national litigation practice includes all aspects of real estate litigation, including foreclosure and title disputes, broker and agent liability defense, mortgage fraud-related litigation and civil and commercial contract disputes. She also leads the default department providing national foreclosure, bankruptcy, loss mitigation and eviction services. She regularly assists closing attorneys, real estate agents, property managers, title companies and brokers when title or other contract issues arise.
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