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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, July 7, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide real estate attorneys with current guidance on the changes related to closings in a social distancing environment. As several states have eased regulations regarding closings, counsel must clarify what is required, as well as best practices related to verification of parties, e-signatures, and remote notarization while complying with the requirements of lenders and title insurance companies.

Faculty

Cynthia M. Stovall
Partner
Taft Stettinius & Hollister LLP

Ms. Stovall assists clients in navigating complex transactional, development, financing, and operational matters over the life cycle of their real estate projects. Her work includes representing developers and operators of mid- and large-scale industrial, retail, residential, and mixed-use projects; landlords and tenants in retail, office, and industrial leasing; and borrowers and guarantors in acquisition, construction, and long-term financing arrangements. In the course of her work, Ms. Stovall collaborates with project leadership and outside consultants to develop clear and efficient options for working through sophisticated legal issues.

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Peter J. Wagner
Attorney
Cassidy Romano & Love, PC

Mr. Wagner has worked as in-house counsel for lenders and servicers in the mortgage industry and represented consumers in a variety of legal matters for many years.

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Enza Brandi
Founder
The Enza Brandi Law Firm, PLLC

Ms. Brandi concentrates her practice in the areas of foreclosure defense, real estate, commercial litigation and personal injury, handling diverse and complex litigation. She has been practicing law since 1993, and founded a law firm in 1996 after working for a prestigious Long Island law firm with a heavy concentration in commercial litigation. Ms. Brandi presently works very “Of Counsel” to the law firms of Horan & Wagner, PC and Barton & Klieger, PC, and to the Honorable Justice Ira J. Raab, retired Nassau County Supreme Court Justice.

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Description

Shelter in place and social distancing caused states to ease restrictions on requirements for in-person real estate closings. Although some practitioners regularly use remote closings, the COVID-19 world requires this to be the rule rather than the exception. Counsel must meet the needs of all parties to the transaction: the buyer, seller, lender, and insurance company.

Closing attorneys must always be vigilant in their review of due diligence, but virtual transactions create the potential for increased fraud. Examination of both the documentation from organizational documents to title commitments is essential. Attorneys should prepare to question and screen the reasoning behind omissions and exceptions not previously considered to meet the requirements of lenders and title insurers.

Counsel should discuss with parties the use of technology, the limitations of privilege, and the pros and cons of conducting a closing utilizing one of the video conference platforms.

Although closing with original signatures may prove impractical and/or result in delays to the closing process, attorneys must determine if their clients will accept "electronic signatures." Additionally, many states have provided a new option of remote notarization in limited circumstances. Given the rapidly shifting environment, counsel must comply with new state law and meet the requirements from the title company insuring the transaction regarding the recordability of such documents based on the local governments' potentially changed policies.

Listen as our expert panel provides best practices and procedures for conducting a virtual real estate closing that mitigates the risk of claims by buyers, sellers, lenders, or insurance companies.

Outline

  1. Verification of parties and documents
    1. Addressing potential fraud
    2. Handling title insurance requirements
  2. Technology
    1. Virtual options
    2. Agreement of parties/requirements
  3. E-signatures
    1. State restrictions
    2. Title insurance requirements
  4. Remote notarization
    1. State changes and limitations
  5. Best practices and procedures

Benefits

The panel will review these and other key issues:

  • Determining what the parties require for a closing to be insured and lender approved
  • Vetting documentation and when to question missing information
  • Choosing the best technological format for a virtual closing
  • Ensuring that e-signatures and remote notarization is valid in each state where the transaction is taking place
  • Best practices and procedures for conducting a virtual real estate closing