Closing Protection Letters for Title Insurance: Key Provisions, Common Issues, Recent ALTA Revisions

A live 90-minute premium CLE webinar with interactive Q&A


Tuesday, December 10, 2019 (Tomorrow)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926
Program Materials

This CLE webinar will provide real estate counsel with practical guidance for structuring closing protection letters (CPLs) for title insurance, particularly after the recent ALTA revisions.

Description

Despite the real estate boom of recent years, the FDIC and lenders continue litigation against parties tied to alleged mortgage fraud. CPLs are often in the forefront of that litigation.

In CPLs, underwriters agree to indemnify the lender for actual losses caused by certain kinds of misconduct by the closing agent. Title underwriters often authorize closing agents to issue these letters to lenders when the closing agent anticipates issuing the underwriter's title insurance policies in the transaction. Typical CPL provisions cover the failure to follow written closing instructions, require the closing agent to obtain, but not to vouch for the validity or effectiveness of a specific document, or relate to the collection of funds due to the lender. Other standard clauses address fraud or dishonesty in handling the lender's funds or documents.

And the body of case law interpreting CPLs remains remarkably small. The CPL serves an essential function in providing lenders with assurance that title agents will properly handle their funds and documents. Understanding the CPL and its function is essential for any real estate counsel and litigators, lenders and property owners.

Listen as our authoritative panel practically guides real estate counsel in structuring enforceable CPLs for title insurance, particularly after the recent ALTA revisions.

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Outline

  1. Overview
  2. Risk of loss issues
  3. ALTA form and recent revisions
  4. Insurance issues
  5. Enforcement issues
  6. Scope of liability and measure of damages
  7. Best practices and practical strategies
  8. Conclusion

Benefits

The panel will review these and other high priority issues:

  • What are the latest trends and developments in CPLs?
  • What are the most important provisions to include?
  • What are the latest ALTA revisions to standard CPLs?
  • What due diligence is necessary?
  • What do recent cases and opinions say about best practices for drafting CPLs?
  • What are the critical loss issues?

Faculty

Doherty, Colin
Colin M. Doherty

Underwriting Counsel
Westcor Land Title Insurance Company

Prior to joining Westcor Land Title Insurance Co. Mr. Doherty spent multiple years as claims counsel for a national...  |  Read More

O’Donnell, Michael
Michael R. O'Donnell

Partner
Riker Danzig Scherer Hyland & Perretti

Mr. O’Donnell has represented every major title insurer including Chicago Title Insurance Co., First American...  |  Read More

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