Curing Title Defects Under the 2021 Revised ALTA Owners and Loan Policies: Identifying and Resolving Common Defects

Liens, Judgments, Rights of Third Parties, and Breaks in Chain of Title

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


Thursday, October 28, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 1, 2021

or call 1-800-926-7926

This CLE course will provide real estate counsel with a review of the 2021 revisions to the ALTA Owner's and Loan Policies, particularly the revised endorsements and addenda. The panel will review how these revisions affect the ability to cure title defects arising from judgments and liens, defects arising from the rights of third parties, and defects caused by breaks in the chain of title. The program will analyze the issues that arise in these common defects and best practices for curing these title defects to close the deal.

Description

The goal of every real estate deal attorney is to ensure a timely and smooth closing of the transaction. Title defects are just one of the many hurdles that transaction attorneys must clear, and the newly revised ALTA policies can impact the ability to address those issues.

While many risks can create an encumbrance on a title, some of the common title defects that face real estate practitioners are defects due to liens and judgments, the rights of third parties, and breaks in the chain of title. The new endorsements and addenda can create opportunities and obstructions to resolving those defects.

Armed with the knowledge of curing these common title defects and the changes made to the ALTA policies, practitioners can ensure that they close commercial transactions on time and with little surprises.

Listen as our authoritative panel of real estate practitioners discusses the revised ALTA policies, the best practices for curing title defects arising from judgments and liens, defects arising from the rights of third parties, and defects caused by breaks in the chain of title.

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Outline

  1. 2021 revisions to the ALTA Owner's and Loan Policies
    1. New definitions
    2. New endorsements
    3. New addenda
  2. Liens and judgments
    1. Unsatisfied judgments
    2. Mechanics liens
    3. Springing liens
    4. Tax liens
    5. Lis pendens
  3. Rights of third parties
    1. Off-record third parties
    2. Right of first refusal
    3. Unrecorded leases
  4. Breaks in the chain of title
    1. Missing documents
    2. Name variances
    3. Inclusion of all proper parties
    4. Joint tenancy/TIC issues

Benefits

The panel will review these and other vital questions:

  • How have the revisions in the 2021 ALTA Owner's and Loan Policies affected addressing title defects?
  • What are the most common liens on property, and what are best practices for investigating and clearing the lien?
  • What are the most common issues that arise with third-party rights, and what are best practices for resolving these issues?
  • When would action to quiet title be necessary to resolve a break in the chain of title, and what are best practices for curing title through litigation?

Faculty

Fox, Terry
Terry Fox

Partner
Fox & Moghul

Mr. Fox has over two decades of experience representing developers, real estate brokers, community association boards,...  |  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

Attend on October 28

Early Discount (through 10/01/21)

Cannot Attend October 28?

Early Discount (through 10/01/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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