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
Recording of a 90-minute premium CLE video webinar with Q&A
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.
Outline
- 2021 revisions to the ALTA Owner's and Loan Policies
- New definitions
- New endorsements
- New addenda
- Liens and judgments
- Unsatisfied judgments
- Mechanics liens
- Springing liens
- Tax liens
- Lis pendens
- Rights of third parties
- Off-record third parties
- Right of first refusal
- Unrecorded leases
- Breaks in the chain of title
- Missing documents
- Name variances
- Inclusion of all proper parties
- 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
Terry Fox
Partner
Fox & Moghul
Mr. Fox has over two decades of experience representing developers, real estate brokers, community association boards,... | Read More
Mr. Fox has over two decades of experience representing developers, real estate brokers, community association boards, title companies, and commercial landlords as well as tenants on a full range of complex real estate matters, including commercial property acquisition, disposition, development and leasing, complex lien and title disputes, land use and zoning, mortgage fraud, residential and commercial purchase and sale contract disputes, construction/contractor disputes, easement/boundary line and adverse possession issues, partition and allotment actions, plat modifications and HOA related disputes. As a licensed settlement agent, Mr. Fox has a noted expertise in title disputes, and his Continuing Legal Education Seminars on curing complex title defects with real estate have received national recognition.
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Michael R. O'Donnell
Partner
Riker Danzig
Mr. O’Donnell has represented every major title insurer including Chicago Title Insurance Co., First American... | Read More
Mr. O’Donnell has represented every major title insurer including Chicago Title Insurance Co., First American Title Insurance Co., Fidelity National Title Insurance Co., Old Republic National Title Insurance Co., Stewart Title Guaranty Company, Westcor Land Title Insurance Co., and New Jersey Title Insurance Co., as well as their insureds. He has served as coverage counsel for title underwriters on numerous wide-ranging real estate frauds, some of which losses exceeded $45 million.
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Luisa Miranda White
Of Counsel
Fox & Moghul
Ms. White focuses her practice on real estate law and settlements. As the managing attorney of Realty Title of Tysons... | Read More
Ms. White focuses her practice on real estate law and settlements. As the managing attorney of Realty Title of Tysons Inc. for over a decade, she has handled thousands of complex real estate transactions and brings a wealth of experience to the firm in this regard. she is also a licensed settlement agent in Virginia, Maryland, and the District of Columbia.
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