BarbriSFCourseDetails

Course Details

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

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?