Title Insurance Deep Dive: Commitments, Endorsements, and Negotiation Tactics

Legal professionals seeking to deepen their understanding of title insurance and its protections are encouraged to attend this program. Attendees will learn what title insurance covers and how it differs from other forms of insurance, and will explore the title company’s role after the pro forma is negotiated.

The course will cover key aspects, including reviewing recordable documents, closing mechanics, and practical considerations for issuing final policies. Additionally, attendees will delve into the structure of a title commitment, focusing on Schedules A and B, and learn how to review and analyze each section in the context of a transaction. The program will also provide insights into negotiating title insurance policy pro formas, including when and why to request specific endorsements, as well as the typical negotiation dynamics among buyers, sellers, lenders, and their counsel.

A clear understanding of owner’s affidavits and how survey matters can impact final title coverage, along with best practices for reviewing surveys and their interaction with zoning reports and recorded documents, will be explained.

This program is designed for attorneys of any experience level, serving as both a refresher for seasoned practitioners and foundational training for those looking to enhance their title and survey review skills and improve risk management in real estate transactions.

Learning Objectives:

• Examine the basics of title insurance with respect to what it protects and how it works, as opposed to more “standard” forms of insurance, like homeowners.
• Explore each section of a title insurance policy and what it means.
• Review title insurance commitments.
• Negotiate final title insurance policies.
• Recognize the components of survey review.