August 1, 2016 – Articles
The Role of the Lender's Lawyer in Spotting and Fixing Title Problems
Probate & Property, Vol. 30, No. 4
Commercial Real Estate Partner Brent Shaffer's article entitled, "The Role of the Lender's Lawyer in Spotting and Fixing Title Problems," appears in this month's issue of Probate & Property.
The article suggests that "consequences arise when lender's counsel relies on a title insurance commitment or a title search provided by a title company or title abstractor that is not accurate."
Making sure that the lender's lien is good, valid and "first in line" is well worth the extra time and cost incurred in having a second set of eyes review the title. A lawyer or properly trained paralegal can spot problems with the title such as erroneous legal descriptions, inaccurate title commitments, vesting deeds or improper transfer of declarant rights.
To read the complete article, Click Here.
The article suggests that "consequences arise when lender's counsel relies on a title insurance commitment or a title search provided by a title company or title abstractor that is not accurate."
Making sure that the lender's lien is good, valid and "first in line" is well worth the extra time and cost incurred in having a second set of eyes review the title. A lawyer or properly trained paralegal can spot problems with the title such as erroneous legal descriptions, inaccurate title commitments, vesting deeds or improper transfer of declarant rights.
To read the complete article, Click Here.