What's Legal vs. Insurable/Title Company

Date: Wednesday, September 16, 2020
Time: 8:00am - 9:00am
Location: Virtual Webinar
Speaker: Charles Kramer

LIVE WEBINAR

WEDNESDAY, September 16, 2020

NOTE TIME: 8:00 a.m.

Registration Deadline: September 9 (5:00 p.m.)

After registration closes, an additional email (check spam folder too) will be distributed to the registrants regarding access instructions to the online presentation and continuing education credits. If someone is registering for you, please be sure YOUR EMAIL ADDRESS is listed in the RSVP form. REGISTRATION WILL NOT BE AVAILABLE AFTER THE REGISTRATION DEADLINE. ONLY THOSE WHO REGISTERED BY THE REGISTRATION DEADLINE WILL RECEIVE THE LINK TO THE LIVE WEBINAR PRESENTATION. THERE ARE NO EXCEPTIONS.

 

WHAT’S LEGAL VERSUS INSURABLE

CHARLES KRAMER

Sponsored by Armanino and Lindquist Eisenberg LLP

In estate situations, if the risk of litigation is present or possible, many title companies will not insure, even if the outcome of the litigation appears clear or favorable, because the cost of defense is covered by the title policy as well as the risk of loss. To fight and “win” is a big loss for the title company every time. Title insurance is fundamentally different from other forms of insurance with respect to risk because it is paid as one single premium, and the policy endures for as long as that landowner owns the insured property.  Rates for title premium are fixed by the Texas Department of Insurance and do not vary county by county – they are the same everywhere in the State of Texas.  Because premium is fixed and is the same for every piece of property and every landowner in Texas, rates for title insurance cannot be increased on a case by case basis for increased risk in the same way that is permitted for other forms of insurance. These concerns over the risk and cost of defense often collide with the emotions and pressures present in the estate scenario.  The heirs may be still be grieving the recent loss of a loved one.  The contract negotiations and sale of that decedent’s real estate is often difficult and stressful.   There may exist the difficult task of sorting through, packing up or even selling items of personal property, some of which may have sentimental value to some of the heirs (but not the others). With all of these emotional undercurrents, it is easy to imagine how difficult it is for estate clients to hear that there are new title requirements necessary to close a sale. We have tried to include the most common mishaps, stumbling blocks, problems, and ugly scenarios from actual closings so that the practitioner can take steps to try to avoid these scenarios, or be able to prepare their client for them in advance, so that these issues can be anticipated and mitigated.   Hunter & Kramer, P.C. is a real estate law firm specializing in the practice of commercial and residential real estate.  The firm represents and counsels to sellers, buyers, real estate brokers and licensees, lenders, title agents and underwriters, landlords and tenants.  Charles received his Bachelor of Arts degree from the University of Texas at Austin and his Juris Doctor degree from Baylor University School of Law. Charles serves as general counsel to the Collin County Association of Realtors®, and is currently a member of the Broker / Lawyer Committee of the Texas Real Estate Commission (“TREC”).  Charles is a TREC-certified instructor and regularly creates and teaches real estate classes to title escrow officers, real estate licensees and brokers, attorneys, and others in the field of real estate. 

Continuing education credits pending.

This presentation will be offered as “Program Only” for members ($10) and non-members ($20).

Click on the link below to register.

After registration closes, an additional email (check spam folder too) will be distributed to the registrants regarding access instructions to the online presentation and continuing education credits. If someone is registering for you, please be sure YOUR EMAIL ADDRESS is listed in the RSVP form.  REGISTRATION WILL NOT BE AVAILABLE AFTER THE REGISTRATION DEADLINE. ONLY THOSE WHO REGISTERED BY THE REGISTRATION DEADLINE WILL RECEIVE THE LINK TO THE LIVE WEBINAR PRESENTATION. THERE ARE NO EXCEPTIONS.

 

We would like to thank the following Sponsors for their support for 2020-2021:  Argent Trust, Armanino, Bank of Texas, Communities Foundation of Texas, Frost Bank, Glast Phillips & Murray,  Leu & Peirce, Lindquist Eisenberg LLP, North Dallas Bank & Trust, PlainsCapital Bank, Merrill Lynch (The Maynard Group), Regions Bank, Texas Bank & Trust, The Catholic Foundation and Value, Inc.

 

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