THIS PART COVERS
This topic addresses recent case decisions affecting Texas Real Estate. The topic is presented in two sections on consecutive days, and addresses title insurance law, changes in real estate law and suggested practice tips, mortgage lending and closing transactions in a secure manner, search and examination to assure the transfer of good title, and ethical and fiduciary duties for the real estate practitioner.

PRESENTED BY:
David A. Weatherbie, Cramer Weatherbie Richardson Oliver LLP, Dallas

THIS PART COVERS
The purchase contrHTMLact serves as the beginning of the title insurance transaction and is the roadmap for what the buyer and seller want to have happen in their sale. The Texas Real Estate Commission (TREC) and the Texas Realtors (TR) provide form contracts that their members may use without engaging an attorney to prepare a custom contract; consequently, these are the contracts most often used by real estate agents and most often encountered by escrow officers. This topic explains in detail the recent changes that TREC and TR have made to their form contracts and the impacts those changes have on closing and insuring the sale transaction.

PRESENTED BY:
Rick Melamed, Attorney at Law, Houston

THIS PART COVERS
This course describes situations where it is difficult to establish who has authority to execute documents to close an insured real estate transaction. It addresses authority provisions and/or documentation need when closing transactions with terminated business entities, international or foreign business entities, IRA’s and Trusts, churches, unincorporated associations, Delaware Business Trusts of the type that commonly own and foreclose mortgages or syndicate property ownership, and special issues related to Tenants in Common.

PRESENTED BY:
Richard Worsham, Westcor Land Title Insurance Company, Houston

THIS PART COVERS
Surveys play an integral role in title insurance transactions, from precisely identifying the insured land to determining what endorsements may be given. This topic describes in detail how a surveyor begins with the identification of the property and ends with a completed survey product. In particular, the topic will explain common survey practices, terminology, and types as well as how a survey is physically conducted, and a drawing of the property produced. The presentation will also discuss common survey concerns, including use of the commitment, certifications, boundary conflicts and errors.

PRESENTED BY:
Josh W. Leamons, Searchers Surveying & Engineering LLC, Fredericksburg

THIS PART COVERS
Many title professionals and real estate attorneys focus on obtaining a copy of the survey prior to the closing, in order to verify the legal description, to determine insurability of the property, to determine whether survey coverage can be provided in the title policies and endorsements to be issued. However, many times, these same title professionals and attorneys do not think about what could happen after the survey is received, and after the transaction has been closed and the title policies have been issued. This course will review the consequences of failure to think ahead by reviewing several recent court cases having to do with access easements and platting requirements. The objective is for the course attendee to learn what questions to ask about surveys and access prior to a closing, so they won’t end up dealing with a claim about the survey or access after the closing.

PRESENTED BY:
Lisa M. Beville, JD, CPA, CTIP, Fidelity National Financial, Dallas

THIS PART COVERS
The current real estate market has some unique issues relevant to the title industry, many of which are not typical in traditional transactions but are becoming more commonly encountered. This presentation discusses some of those new issues, which if not handled properly could result in claims and/or failed or delayed transactions.

PRESENTED BY:
Brian J. Watts, First American Title Insurance Company, Irving

THIS PART COVERS
Understanding the statutory notice requirements is incredibly important. Knowledge of the statutory notices (the text included in the contract, the actual statute themselves, and how to comply with the subject statute) that are explicitly listed in the TREC contracts are essential to a transaction and the lack of notice could be detrimental to many parties involved in the transaction, including the title agency. In fact, a lack of notice can lead to a failure of the transaction.

PRESENTED BY:
Chris Baca, Fair Texas Title, Dallas

THIS PART COVERS
Title companies are frequently tasked with insuring transactions in which family members are involved. Frequently, the fact of family involvement can create issue and difficulties which would not otherwise be present.

PRESENTED BY:
Bruce Goldston, Texan Title Insurance Company, San Antonio

THIS PART COVERS
With the anticipated downturn in the economy and rising interest rates, buyers and borrowers may be looking to utilize wrap mortgages as an alternative financing tool. Understanding how both purchase money and refinance wraps are structured, as well as the benefits and risks attendant with each, is crucial to properly underwriting and insuring such loans. This paper and presentation also explain the state and federal regulations of residential purchase money wrap mortgages, including the new Texas Finance Code Chapter 159 requirements for a valid purchase money wrap loan and the potential consequences and remedies for non-compliant loans.

PRESENTED BY:
Leslie S. Johnson, WFG National Title Insurance Company, Dallas

THIS PART COVERS
The course is intended to clarify the common law rules and statutory requirements regarding assignments of earnest money contracts by purchasers in Texas. Attorneys, title professionals and parties to transactions need to understand both the nature and legal structure of these transactions in order to comply with governing Texas statutes and regulations, and to avoid making misrepresentations to others. Drafting suggestions to increase clarity and transparency will be offered.

PRESENTED BY:
Wade A. Thunhorst, Title Resources Guaranty Company, Dallas

THIS PART COVERS
Master the basic rules relating to the title status of submerged lands in Texas and gain a basic understanding of the various exceptions to these general rules.

PRESENTED BY:
Emilio Longoria, St. Mary's University School of Law, San Antonio

THIS PART COVERS
Part two of the course will educate agents on fraud in the context of title claims arising from a failure of the agent to recognize the common factors that are precursors to fraudulent conveyances. Discussion will include case studies intended to highlight common “red flags” that should give and agent reason for concern prior to closing. Additionally, this portion of the course will provide best practices the agent can implement to reduce the likelihood of closing and insuring a transaction with a fraudulent conveyance in the chain of title.

PRESENTED BY:
David A. Weatherbie, Cramer Weatherbie Richardson Oliver LLP, Dallas

THIS PART COVERS
This topic addresses current significant cases at a national level. The presentation will provide a breakdown of Insured vs. Insurer and Insurer vs. the agent. Jerel covers the duties of title/escrow agents when situations arise. There will also be an overview of government regulations at both federal and state level.

PRESENTED BY:
Jerel Hill, Law Office of Jerel J. Hill, Houston

THIS PART COVERS
Review of various situations involving sales from the estate of a decedent who dies with and without a will; Sales based on Small Estate Affidavit or Affidavits of Heirship; Sales from a Guardianship estate; Sale of a Minor’s interest in real property; Sales from foreign probated estates; Sales from beneficiaries of an Enhanced Life Estate Deed (“Lady Bird Deed”) or Transfer on Death Deed; Provide examples of forms for pleadings, affidavits, certifications, and deeds for the various situations.

PRESENTED BY:
Richard Worsham, Westcor Land Title Insurance Company, Houston

THIS PART COVERS
Educate practitioners on the law regarding fences and their use as evidence to prove adverse possession.

PRESENTED BY:
Jeffery S. Lisson, Carter, Boyd, Lisson & Hohensee, San Angelo

THIS PART COVERS
Remote notarization is still fairly new to Texas. This discussion is intended as a refresher on the Texas rules and requirement for remote online notarization, emphasizing the licensing and technological requirements. In addition, we will discuss generally the status of Remote Online Notarization in other states. Finally, we will discuss possible Federal legislation affecting Remote Online Notarization.

PRESENTED BY:
John H. Dorris, First American Title Insurance Company, Houston

THIS PART COVERS
Various title professionals may owe fiduciary duties to various parties to a real estate transaction. This paper aids title professionals to understand fiduciary duties, the sources of such duties and various pitfalls and traps for unwary title professionals in the discharge of their fiduciary duties. Further, this paper is intended to raise potential conflicts that may arise in the discharge of fiduciary duties and offer advice on best practices for title professionals to adhere to fiduciary obligations.

PRESENTED BY:
Bradford W. Irelan, Irelan McDaniel, PLLC, Houston

THIS PART COVERS
Title industry lawyers face unique challenges when dealing with multiple parties and being asked for advice. The opportunity for conflicts of interest is extensive and must be addressed correctly. Many also do document creation or assist with curative matters. In addition, many attorneys act as fee attorneys or provide services to a closing. Finally, the Rules of Disciplinary Procedure for Texas attorneys have been recently amended in important ways all lawyers need to know.

PRESENTED BY:
G. Roland Love, Independence Title, Dallas

THIS PART COVERS
The purpose of this course is to educate title insurance agents on two of the most prevalent types of fraud facing the title insurance industry—Cyber fraud and fraudulent conveyances. Part one of the focus on Cyber fraud losses. The course includes discussions of the sharp increase in cyber fraud losses over the past 5+ years, the various types of cyber fraud most frequently encountered, best practices to be taken to avoid losses due to Cyber fraud in addition educating the agent what to look for in their E&O policies and professional liability policies to make certain they include proper insurance coverages to be protected from a catastrophic loss.

PRESENTED BY:
David M. Hays, First National Title Insurance Company, Plano

THIS PART COVERS
This presentation is intended to discuss common closing issues. Suggestions for approaches and potential solutions based on analysis of the law and risk assessment will be discussed along with pitfalls and problems.

PRESENTED BY:
Steve Streiff, Old Republic National Title Insurance Company, Houston

THIS PART COVERS
Commercial transactions have their own set of issues. These include, selecting coverage, endorsements and responding to out of state parties and counsel. Common questions include survey topics, financing, and authority. Also, construction raises its own set of questions.

PRESENTED BY:
John Bruce, Heritage Title Company
Paul D. Pruitt, Title Resources Guaranty Company, Austin

THIS PART COVERS
While Texas title insurers and agents do not use the American Land Title Association (ALTA) forms in Texas transactions, it is still important to know and understand the content of the ALTA forms. Out of state lenders and other parties often request ALTA endorsements in Texas transactions, and Texas has incorporated and will likely continue to incorporate portions of the ALTA forms in its own title insurance forms. In 2021, ALTA made significant revisions to its owners and loan policies, and this topic explains in detail what changes were made and how they will impact the parties, title insurance underwriters, and the title insurance transaction itself.

PRESENTED BY:
James L. Gosdin, Stewart Title Guaranty Company, Houston
Paul D. Pruitt, Title Resources Guaranty Company, Austin

THIS PART COVERS
This topic will address the proper steps for obtaining a federal tax lien payoff in connection with real estate. This will include handling the payoff, requirements of the IRS, and obtaining a Certificate of Discharge. In many cases, the proceeds available are insufficient to pay the IRS lien, and the IRS has established new requirements and processes for accepting a short pay. The topic will also include the availability of and process for requesting certificates of non-attachment and releases of liens against non-titled spouses.

PRESENTED BY:
G. Roland Love, Independence Title, Dallas