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

David Weissmann
Partner
Weissmann Zucker Euster Morochnik
Mr. Weissmann has represented real estate developers, managers and lenders in a variety of transactions and... | Read More
Mr. Weissmann 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.
CloseMark D. Euster
Partner
Weissmann Zucker Euster Morochnik
He practices in the areas of commercial real estate and secured lending, and represents financial institutions, real... | Read More
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.
CloseKarl 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
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.
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