About the Course
Introduction
This CLE course will explore title insurance policies, escrow/settlement instructions, and practical strategies to mitigate the risk of failed closings and maximize recovery from those responsible for the failure.
Description
Title insurance policies and escrow/settlement instructions are two of the most critical components of all real estate transactions. When aligned, they provide protection to the parties; when title insurance and instructions are misaligned, parties are exposed to legal and financial risk.
The parties' instructions to the title insurer and the escrow/settlement agent direct how the transaction should be closed. The title insurance policy provides a method of financial recovery if the transaction is not closed as required by the instructions. Together, they should provide complete protection for a party to a real estate transaction. However, several problems can arise, making recovery under the express and implied escrow instructions and the title insurance policy challenging, time-consuming, and costly!
Designed for real estate finance attorneys, lenders' counsel, borrowers' counsel, title professionals, and other transaction participants, this course will examine the interplay between title insurance coverage and escrow/settlement instructions, spotlighting when and how to identify and mitigate the risks of failed closings through insurance. The panel will analyze common closing process breakdowns, including undisclosed record title defects and non-record title defects; closing instruction inconsistencies related to lien priorities and real property interests, etc.; agent misconduct alleged to be outside the closing protection letter (CPL) or the title insurance policy; when title insurance policies do not comply with settlement instructions; and more. Through this exercise, our panelists will outline strategies and transaction structures to help practitioners avoid title insurance disputes. If the unfortunate occurs, the lessons learned from this course will help counsel maximize recovery against title insurers.
Listen as our authoritative panel outlines practical strategies to minimize closing risks, navigate claims, resolve litigation, and maximize title insurance recoveries for failed real estate closings.
Presented By
Mr. Goldstein specializes in resolving complex business disputes for a diverse cross-section of clients, ranging from national banks to insureds, private money lenders, credit unions, individuals, loan servicers, landowners, pharmaceutical companies, vaping companies, equipment finance companies, brokers and investors. He is Co-Chair of the firm’s Mortgage Banking Group, a fellow of the American College of Mortgage Attorneys (ACMA) and a member of the ACMA Title Insurance Committee. Mr. Goldstein has an extensive legal background in state and federal courts across the country, which includes business litigation, real property related litigation, “private money,” title insurance claims and litigation (as well as CGL, D&O, etc.), escrow claims and litigation and misappropriation of trade secrets litigation. He also handles litigation involving wrongful foreclosure, lender liability defense, leases (commercial, residential and equipment), general contractors, receiverships and judicial foreclosures.
Mr. Hosack represents secured lenders and property owners at trial and on appeal in complex real property disputes, including lender liability, fraud, class actions, breaches of contract, wrongful foreclosures, mechanic’s liens, stop notices, judicial foreclosures, receiverships, escrow claims and title insurance claims. His transactional practice includes commercial real property loan documentation, loan workouts, REO sales and foreclosures. He has been a lecturer and a speaker for numerous organizations including the American Bar Association, State Bar of California, California Continuing Education of the Bar, University of California, Boalt Hall School of Law, Pasadena Bar Association, Beverly Hills Bar Association and the California Mortgage Association. Mr. Hosack is Co-Chair of Buchalter’s Title Insurance & Escrow Industry Group and Co-Chair of the Financial Services Regulatory Industry Group.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, August 25, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Title insurers: local vs. national offices
II. Discovering and dealing with title defects
A. Concealed and undisclosed record title defects
B. Non-record title defects (i.e. lack of authority, duress, undue influence, and more)
III. Instruction inconsistencies and compliance failures
A. Identifying and resolving conflicting real property interests
B. Nonconforming title insurance policies: when and how they arise at closing
IV. Closing agent misconduct
A. Failure to strictly comply with express and implied instructions
B. Failure to disclose and inform
C. Recordation of documents
D. Handling of funds
E. Title insurer's liability for agent's misconduct with or without a CPL
V. Navigating escrow/settlement and title insurance claims
VI. Failure to act: when the title insurer or the closing agent fails to resolve closing instruction inconsistencies
VII. Claims and litigation with the title insurer, agent, and third parties
The panel will review these and other key issues:
- What are the potential risks associated with undisclosed or concealed record title defects?
- How can parties resolve disputes involving non-record title defects?
- When does agent misconduct fall outside a CPL or title insurance policy, and how can counsel address it?
- How can counsel ensure escrow instructions are clear, consistent, and enforceable?
- What strategies maximize policy recovery in the event of a failed closing?
