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 premium CLE webinar with Q&A

Conducted on Wednesday, April 4, 2012

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course 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.


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.



  1. Analysis of distressed dispositions
    1. Note Sales
    2. Short Sales
    3. REO Sales
    4. Mortgage Modifications
  2. Title insurance due diligence strategies in distressed transactions
    1. Foreclosure sales
    2. Deeds in lieu of foreclosure
    3. Bankruptcy sales
    4. Receiver sales
    5. Underwriting Requirements
    6. Sample Forms
  3. Title Insurance Responses to Distressed Dispositions
    1. Exclusions and endorsements


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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Weissmann, David
David Weissmann

Weissmann Zucker Euster Morochnik

Mr. Weissmann has represented real estate developers, managers and lenders in a variety of transactions and...  |  Read More

Mark D. Euster
Mark D. Euster

Weissmann Zucker Euster Morochnik

He practices in the areas of commercial real estate and secured lending, and represents financial institutions, real...  |  Read More

Karl R. Phares
Karl R. Phares
Underwriting Counsel
First American Title Insurance Company National Commercial Services

He is responsible for underwriting, closing and related title insurance matters for commercial real estate...  |  Read More

Access Anytime, Anywhere

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:

CLE On-Demand Audio