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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, May 22, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

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

Faculty

Kristin E. Niver
Counsel
Robinson & Cole LLP

Ms. Niver represents banks, insurance companies and debt funds in construction and permanent loans, debt restructurings and secondary market transactions, as well as working with market-rate and affordable housing developers and owners on financings, acquisitions and sales, joint venture arrangements, condominium regimes, and leases for all product types, including multifamily, retail, office and hotel, and frequently as part of complex mixed-use development and redevelopment and master planning projects nationwide. In addition to her broad background in CRE finance and development generally, Ms. Niver has had a career-long focus on affordable housing and community development, both as a real estate and commercial finance attorney, and formerly as an urban planner specializing in affordable housing finance and policy. She has extensive experience in community development lending, impact finance syndications and programmatic and policy issues related to affordable housing, and routinely provides legal advice to profit and nonprofit developers, financial institutions, investors, and community development entities engaged in all types of complex real estate development and financing transactions, specifically social impact investing and tax credit finance.

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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 2021 ALTA Owner's and Loan 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 ALTA policies can create opportunities and obstructions to resolving those defects.

Armed with the knowledge of the ALTA policies and how to cure these common title defects, 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 most recently revised ALTA policies and offers best practices for curing title defects arising from judgments and liens, arising from the rights of third parties, and caused by breaks in the chain of title.

Outline

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

Benefits

The panel will review these and other vital questions:

  • How do the 2021 ALTA Owner's and Loan Policies affect 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?