COMMITTED TO YOUR EDUCATION. ducation COMMITTED TO YOUR SUCCESS.

Transcription

1 attorneys title insurance fund, inc. EDUCATION

2 COMMITTED TO YOUR EDUCATION. ducation COMMITTED TO YOUR SUCCESS.

3 2

4 The real estate environment has changed dramatically in the last few years, and with those changes come challenges for real estate attorneys. Now, more than ever, you need to stay current on the latest industry trends, rules, and regulations. More than ever, you need The Fund. Unlike any other underwriter in Florida, The Fund was created by attorneys for attorneys. Our mission is to promote, preserve, and facilitate the real estate practices of our members in your protection of the public. One of the fundamental ways we achieve this mission is through our commitment to your education and training. 3

5 4 The Fund provides a wide range of educational and training opportunities to help you and your staff grow professionally and to help you satisfy CLE requirements. With live seminars, hands-on product training, new-member training, and outreach to your future colleagues (and our future members) in law school, there s always something on the horizon that s designed with your success in mind. Of course, our Annual Assemblies for members and Affiliate members are the highlight of the year, offering a wealth of information and the chance to network with colleagues and Fund staff. By taking advantage of all we have to offer, you ll get the edge you need to remain competitive in today s challenging real estate environment.

6 legal education Seminars Thirteen New Seminars from The Fund Our seminar curriculum has been completely revamped with new content that reflects the most current state of real estate law. The seminars cover a variety of key areas of interest to real estate attorneys and their staff, with subject matter for generalists as well as more advanced topics for practitioners in specialty areas of the law. These seminars are taught by highly experienced members of our Legal Education Department who understand the title insurance industry, the practice of law, and the challenges you face. From Elder Law to the intricacies of reverse mortgages, there s a topic that you ll find invaluable to your practice. We re always evaluating and revising seminar topics, content, and presentation methods to better meet your needs, interests, and expectations. If you have a request for a seminar, don t hesitate to contact us. The Fund s Legal Education Quality and Service Guarantee If a seminar you attend does not meet your expectations, we will give you your choice of a full credit against a future Legal Education Department seminar or a full refund. We also pledge to respond to your needs and inquiries about seminars promptly. If we do not respond to your satisfaction, then the next half-day seminar you attend will be complimentary. To make a claim under the Quality and Service Guarantee about a seminar or a response, please notify us in writing within one week. 5

7 Helping You Get the Continuing Legal Education Credits You Need All education and training offerings are approved for continuing education credits from the appropriate governing body (e.g., The Florida Bar, National Association of Legal Assistants, or The Florida Department of Financial Services). Please refer to or contact the Education Registrar for details. 6

8 Seminar Descriptions Creation, Enforcement, and Discharge of Construction and Other Liens The attachment of construction and judgment liens to real property can derail real estate closings and throw a monkey wrench in financing transactions. This seminar thoroughly addresses these liens from the title insurance perspective. An in-depth analysis of applicable statutes and case law is presented, together with a review of the impact of these liens on title. The seminar includes methods of clearing and otherwise dealing with these liens so that title insurance policies may be issued without their exception. Elder Law and the Real Property Lawyer The graying of America brings with it huge socioeconomic consequences, especially here in Florida. Real property lawyers must be increasingly prepared to represent individuals or their loved ones planning for or experiencing diminished legal capacity. This seminar covers the topics of legal capacity and competence, advance planning for diminished capacity, and crossing the legal minefield posed by property transactions that involve cognitively impaired persons. Living arrangements that older adults encounter in unmarried and blended families are discussed, along with their legal ramifications. The seminar also addresses protection available under Florida law for elder abuse and exploitation. Claims Avoidance and Defensive Legal Practice Protecting yourself is becoming almost as important as protecting your clients today. Form contracts, representation of multiple parties, and fraud are among the topics discussed in this seminar. From leases to title insurance to dealing with critical timelines in real estate purchase contracts these are all areas crying out for the defensive practice of law. Included in this extremely practical seminar are Cases from the Field of Play and recommendations to reduce your chances of being involved as the issuing agent in a title claim. Ethics matters include topics involving paralegals, disclosures, conflicts, and duties to parties as well as non-parties to a real estate transaction. 7

9 Probate and the Transactional Attorney The ins and outs of applicable statutes and homestead problems are covered in this seminar, as well as the advantages and disadvantages of probate and avoidance strategies, including an in-depth analysis of the Lady Bird deed. To assist in dealing with title issues involving decedents, we include the Dos and Don ts of Administration of Estates from the Title Examiner s Perspective. Insuring title in a transaction where the death of a record owner has taken place is just one example of the many practical probate issues addressed in this seminar. The 2008 Situation Room: The Fund s Seminar on Breaking Newsworthy Real Property Cases, Statutes, and Regulations Change in real estate law only superficially resembles watching paint dry. Real property law definitely does not change slowly when that change directly affects a situation you are presently dealing with or recently dealt with. Breaking cases, statutes, and regulations in the areas of judgments, easements, and leases are just some of the major areas reviewed. With foreclosures on the increase, current situations concerning this hot-button topic are explored. In addition, selected Fund Title Notes changes and additions are reviewed. Litigation Toolbox: Get Out! Residential and Commercial Evictions Unfortunately, eviction is sometimes inevitable, so transactional real estate attorneys are obligated to be knowledgeable about the residential and commercial eviction process. Both the leases we draft and the advice we give our clients must be based on this knowledge, especially considering the fact that evictions can also have an effect on title insurance. This course provides a nuts-and-bolts overview of residential and commercial evictions, from initial notice requirements through the post-trial phase and everything in between. 8

10 Litigation Toolbox: First Rate Mortgage Foreclosures More than ever, real estate attorneys are constantly being bombarded with questions about mortgage foreclosures, both residential and commercial. All too often, our clients are facing an imminent foreclosure, and foreclosures frequently appear during title examination. We may even file the occasional foreclosure action ourselves. This seminar provides a practical overview of residential and commercial mortgage foreclosures, from initial notice requirements through the post-trial phase. Title examination and insurance requirements involving foreclosed real property are also thoroughly covered. Twenty-First Century Title Examination Workshop Title examination has come a long way and continues to change as technology gets more advanced and information becomes more readily available. The Fund is committed to helping you stay abreast of these changes in both our products and services. This seminar covers the Marketable Record Title Act, the determination of acceptable base title, and the examination of all instruments for legal sufficiency and content that are generated through The Fund s Automated Title Information Data System (ATIDS ). The seminar continues with the incorporation of examination results into either title requirements or title exceptions in Fund Commitments and Policies. The supplementary information needed to delete standard exceptions is also reviewed. It all adds up to using twenty-first century technology to reduce errors and complexity in the title examination process. The Essentials of Reverse Mortgages Reverse mortgages have been available to the general public since 1989, but until now, their reception has been lackluster. Today, their popularity is growing briskly. If they haven t already, clients will soon seek your advice about a reverse mortgage, and your firm may even act as a reverse mortgage closing agent. This seminar provides you with the background information necessary to fulfill both roles. Learn everything you need to know about these controversial products, including their historical background, regulatory environment, counseling requirements, approved products, eligibility requirements, closing and transaction costs, underwriting and title insurance procedures, satisfaction and foreclosure issues, and ethics topics. 9

11 Federal Income Taxation of Main and Second Homes Can I deduct that? Is the gain taxable? What is my basis? Your clients have real questions about the impact of home ownership on income taxes, and you need to be able to give them the right answers. The Fund has developed this seminar to address the most frequently asked income tax questions involving residential real estate. From acquisition, financing, and refinancing to culminating the sale or disposition through foreclosure, you will come away with the ability to recognize issues that will help your clients make better tax decisions about the real estate they own or plan to acquire. Post-Closing to Eternity Catching and Correcting Mistakes before They Become Claims In hindsight, every unfortunate outcome is avoidable. This seminar teaches you to be more than an adept Monday-morning quarterback in the crucial post-closing time period. A methodical and proactive approach to post-closing file review can lead to claims prevention or minimization by catching errors and mistakes before they take root. A closing error or title mistake is best caught early before it has had a chance to spread to other files, contaminate your practice, and possibly bring down your firm. Learn the tried and true methods to recognizing and resolving problems, implementing corrective measures, minimizing the risk of reoccurrence, and establishing fail-safe law firm policies and procedures. Post-closing is also a time to take advantage of client development and marketing opportunities. Learn what other practitioners do during this interval to take advantage of this opportunity and to ensure that your real estate practice is in compliance with The Fund s best practices. 10

12 Everything You Wanted to Know But Were Afraid to Ask about the HUD-1 This seminar brings you up to date on current federal, state, and title industry statutes, rules, and regulations impacting the preparation of closing statements. We all know Uniform Closing Instructions are on their way. Stay ahead of the curve and learn about them. This seminar answers and explains the most common closing statement questions we are asked, as well as some of the ones which should be asked, but aren t. The Fund s best practices recommended for closing receipts and disbursements are presented. We review preparing a HUD-1 settlement statement and show you how DoubleTime software streamlines that process and helps reduce errors. You won t even need to use a calculator. Meeting Commitment Requirements and Deleting Exceptions The title insurance commitment is like a GPS showing you the roadmap to the title closing. Schedule B-I, the commitment s requirements, identifies everything you will need to prepare, pack, or bring along to safely arrive at the closing destination and to minimize any in-closing speed bumps. Schedule B-II, the exceptions list, itemizes those matters that will not be included within the title insurance coverage. In transactions where your firm has not prepared the commitment, it is essential that you critically review it and act as an advocate for your client s interests. Best practices representation of clients entails removing as many of the Schedule B-II exceptions as possible and providing the least exposure necessary to fulfill Schedule B-I requirements. This seminar examines and explains how to draft and meet the most commonly encountered Schedule B-I requirements and how to delete standard and specific exceptions by complying with The Fund guidelines and procedures. 11

13 Seminar Registration Information As you can see, our new lineup of seminars is exciting. They are carefully designed to expand your knowledge and improve the efficiency of your practice while meeting your CLE needs. These half-day seminars are offered at different locations in Florida throughout the calendar year. Seminars will be offered during the morning or afternoon, and your registration fee includes a complimentary continental breakfast or boxed lunch. For more information on dates, times, to register, or to learn more about eligibility for CLE credit and the types of credit available, contact the Education Registrar at educationregistrar@thefund.com, call , or visit The Fund s Web site at For your convenience, members can now pay for seminars and other educational services by credit card. While we try to accommodate late or walk-in registrants, we cannot guarantee seating. Please register in advance to ensure a seat and to be advised of any changes in seminar schedule or location. 12

14 LUNCHTIME LEARNING program The Fund s Underwriting Department offers short one-hour seminars throughout the state all year long, covering topics inspired by members needs and requests. These seminars are held in The Fund branches, and their short length and lunchtime schedule make them a convenient way for members to learn about hot topics and gain CLE credits. After the success of past seminars like Water Rights A Review of Basic Principles and Terminology and Title Aspects of Business Entities Partnerships, we re looking forward to presenting our newest seminar, Title Aspects of Business Entities Corporations and Limited Liability Companies. The Legal Education Department also offers occasional seminars to supplement members perspectives on important issues facing attorneys. Topics covered in these Legal Education seminars have included All about Surveys and The Interstate Land Sales Full Disclosure Act. Registration Information These free seminars provided by the Underwriting Department are scheduled approximately every four months. Your local branch will have information on upcoming seminars if they are participating, and what topics will be offered. There s no cost for these seminars, and materials are provided, but registration is required because space is limited. You will be notified when seminars are scheduled, so be sure to sign up to take advantage of these valuable educational offerings. 13

15 NEW MEMBER TRAINING PROGRAM The Fund s New Member Training (NMT) program was developed in response to requests from attorneys who wanted to implement transactional real property practice, but had no access to professional mentoring or other training. Implemented in early 2005, New Member Training is an intensive three-day training class at The Fund s Headquarters that covers procedural and legal issues encountered by Florida real estate attorneys. Both Fund employees and Fund members in private practice serve as presenters or contributors of educational materials. Topics include, but are not limited to: Title examination and insurance Contracts Policy preparation Regulation of title insurance and settlement services Claims avoidance Trust account management Policy provisions Marketing tips New Member Training teaches the dynamics of a transaction from contract through closing to policy issuance, and imparts a conceptual understanding of title insurance. It also acquaints new members with all of the resources that The Fund provides to assist members and their staff. Registration Information New members who will be going through the New Member Training program will be contacted by a Fund staff member in their area about the next regularly-scheduled training sessions at Fund Headquarters. If you have questions about membership, please contact the Member & Agent Services Department at or via membership@thefund.com. 14

16 THE 1031 EXCHANGE PROGRAM If your clients own real property used in a trade, for business, or held for investment, a tax-deferred exchange under IRS Section 1031 is an investment strategy that may be beneficial for them. The requirements of Section 1031 must be carefully followed and can be challenging to complete, but when an exchange is done properly, the regulations make it safe and easy. The Fund offers an intermediate level presentation on issues affecting real estate attorneys and their staff handling transactions involving exchanges of property held for investment or for trade or business purposes. This program will be useful to attorneys who advise clients on the sale and purchase of real property, or to those who provide related services, such as accountants, brokers, and other real estate professionals. The topics include: The statutory requirements for like-kind exchanges Forward exchanges under the 1991 safe harbor regulations Reverse exchanges under Rev. Proc Practical tips, such as dealing with purchase money mortgages, multiple properties, partnership split-ups, and vacation homes. Registration Information This program is offered in conjunction with The Fund and Florida Exchange. You will be notified when seminars are scheduled. 15

17 PARALEGAL CERTIFICATION PROGRAM The Fund understands how integral support staff is to the success of a real estate practice. So equipping them with the skills to better help a practice makes good business sense. The Fund s special course for paralegals and other staff, From Contract to Closing A Practical Approach, provides certification in Fund real estate closing procedures. Attendees receive concentrated, highly practical instruction from The Fund s Underwriting Counsel or a qualified real estate attorney, along with an experienced Fund trainer. Subject matter includes: Contract review Basic title examination skills Closing document and instrument preparation Completion and rating of commitments and final policies Those completing the course are eligible to take The Fund s Certification Exam. Once participants have successfully passed the exam, they are awarded Fund Certification in real estate closing procedures. Registration Information For your convenience, the course is offered throughout the state of Florida at various Fund branches and select colleges. Visit to register today or contact the Education Registrar at

18 17

19 Events The Fund Assembly For more than 40 years, The Fund Assembly has been an opportunity for Fund members to learn the latest industry trends, updates on legislation and the state s economic forecast and to obtain a significant number of continuing education credits. Beyond the informative general sessions, those attending The Fund Assembly have the opportunity to network with colleagues to learn more about the products and services offered by The Fund, and to get a sneak peak at new initiatives. Every year, the three-day education event is described as one of the best by Fund members. High evaluation marks are always given to perennial favorite seminars presented by The Fund s legal staff, with topics including: Affiliate Assembly The Fund Affiliate Assembly covers all the latest on real estate laws, rules, and regulations most relevant to paralegals, legal assistants, and legal secretaries. Legal support professionals must ensure that their practices are doing everything they can to reach out to their clients and the greater Florida real estate community, and The Fund is here to help. Every year, we line up great speakers for our education sessions. You ll find that their topics from Deconstruction of Construction Liens to Closing Errors and Ethical Dilemmas will give you the insight you need to make your firm s practice more successful. And attending the Affiliate Assembly affords paralegals the same networking and professional interaction opportunities as The Fund Assembly. Closing Errors & Ethical Dilemmas Quiz on Real Property Cases Are Your Title Notes Up to Date? Legislative Updates 18 Registration Information Invitations to both the Assembly and Affiliate Assemblies are mailed in advance to Fund members or Fund Affiliate members, respectively, and will include details about the sessions and costs. Fund members may register for Assembly online at Fund Affiliate members may register for Affiliate Assemblies online at EDUCATION CREDIT HOURS Both Fund Assembly and Affiliate Assembly are approved for continuing education credits from the appropriate governing body (e.g., The Florida Bar, National Association of Legal Assistants, or The Florida Department of Financial Services). If you cannot attend the events, The Fund typically makes programs available on DVD or CD with the opportunity to get CLE credit. You can order course materials at or

20 19

21 FUND PRODUCT TRAINING The Fund s distinctive software products for real estate attorneys and their staff set the industry standard and are designed to enhance the productivity of your practice. Our extensive product training allows you to become proficient with these tools so you can maximize the practical application of each solution. All Fund software training courses use real world examples in a hands-on training environment for the most effective learning experience. ATIDS Training (plus ProPel ) Automated Title Information Data System (ATIDS) is Florida s premier database of geographically-posted title information maintained and made available by The Fund. In this course, you ll learn how to use ATIDS to access property, name, and tax information in preparation for title examination. You can then combine this with the ability to receive Fund products, title insurance policies, and ATIDS search results electronically via ProPel. (ProPel training offered separately upon request.) Topics covered include: Performing personal name and commercial name searches Performing condominium and subdivision searches Performing acreage searches Searching for commercial name variations Updating property and name searches Using ProPel to receive ATIDS search results and documents electronically Ordering prior Fund policies 20

22 DoubleTime Training DoubleTime is the most complete, comprehensive, and flexible closing software package, designed for attorneys by attorneys. It offers single-point data entry that links all documents and eliminates repetitive typing. Now you can learn how to maximize the benefits of DoubleTime, including how to: Create a closing file in DoubleTime Add buyer, seller, and property data Add lender, payoff, and deposit information Prepare endorsements Prepare a title commitment Request commitment numbers electronically Calculate premiums for a closing file Prepare the HUD Combine or split disbursements Prepare the deed, title affidavit, and bill of sale Complete and print the DR-219 View, print, and electronically file 1099s Prepare owner s policy Prepare mortgagee policy and endorsements File policies and endorsements electronically Pay policy premiums electronically Print Fund policies, jackets, and endorsements Premium rating DoubleTime Escrow Accounting Training DoubleTime offers fully integrated Escrow Accounting capabilities to streamline your practice. Learn how DoubleTime allows you to post transactions and print checks right from the Balance Sheet without relying on third-party software. You ll also learn to: Customize check and deposit slip templates Post figures from the DoubleTime Balance Sheet to Escrow Accounting Manage deposits and disbursements Merge deposits Allocate deposits to closing files Print and track deposit slips Print disbursement checks Reconcile your bank statement Receive e-payment confirmations Generate, view, and print numerous reports to manage your escrow account information Registration Information All registration requests for product training should be directed to the Education Registrar at or educationregistrar@thefund.com. Training is offered at all Fund branches. EDUCATION CREDIT HOURS All education and training offerings are approved for continuing education credits from the appropriate governing body (e.g., The Florida Bar, National Association of Legal Assistants, or The Florida Department of Financial Services). Please refer to or contact the Education Registrar for details. 21

23 FUTURE MEMBERS OUTREACH The Fund believes that it is important to develop early and deep relationships with law students at Florida s law schools, for they are the future leaders in real estate law. It is for that reason Future Members Outreach was established. For the last 40 years, we have provided financial support and seminars at the law schools, as well as support to professors in developing real estate courses. Each law school sponsored by The Fund receives a $1,000 grant annually. Every year, The Fund hosts an annual law student essay competition which provides a $500 prize to the student from each participating law school who submits the best essay on a topic of real estate law. We have also created the opportunity for enrolled full-time Florida law students to attend Fund seminars free of charge on a space-available basis. In addition to the educational opportunity, this provides a networking opportunity for our members to meet law students interested in real property law and to explore possibilities for employment, clerkships, internships, and more. In addition, The Fund conducts a title examination workshop for students at law schools across the state. The workshop provides students with the knowledge and techniques to help them accurately examine titles in an orderly and effective manner. It also helps them easily identify problems to look for when issuing title insurance as real estate attorneys. This program demonstrates our commitment to the future of our industry, which is driven by our obligation to keep real estate attorneys in a preeminent role in transactional real estate. 22

24 The Fund: Dedicated to Education, Now and into the Future The Fund remains committed to providing best-in-class education and training opportunities for Florida real estate attorneys and their staff. While many underwriters have abandoned programs that help their agents, we have not, and in fact, have invested even more on your behalf. You can be assured that any educational service offered by The Fund will continue to be highly informative, up to date, and presented by experienced and knowledgeable staff. What s more, they re offered at convenient locations around the state, at regular intervals, and always at a reasonable cost. Members can now pay for educational services by credit card, making the payment process even easier. The Fund s commitment to innovation drives us to explore new educational channels and new training technologies. The methods of our educational services are continuing to expand each year. Because at The Fund, our success depends on your success. We look forward to seeing you at one of our programs. 23

25 Our Mission The Fund is in business to promote, preserve, and facilitate the real estate practices of its members in their protection of the public. The Fund accomplishes its mission and earns the loyal support of its members by providing its members quality, competitive, and innovative products, services, and education, maintaining The Fund s long-term financial stability and encouraging professional growth and personal development of its employees. 24 E

26 IN YOUR BEST INTEREST SM Attorneys Title Insurance Fund, Inc Corporate Centre Blvd. Orlando, FL Attorneys Title Insurance Fund, Inc., The Fund, ATIDS, ProPel, and DoubleTime are registered trademarks of Attorneys Title Insurance Fund, Inc. TF /08