General Session

Breakout Session

Residential Session

Commercial Session

Description

Title claims arise from a myriad of causes, including reasons beyond a Fund Member’s control. With the input from a panel of The Fund’s outside claims counsel, we will examine some of the more interesting and illustrative title claims that The Fund’s Claims Department handled over the past year. As will be shown, while many claims are avoidable, some occur despite the Fund Member’s best practices. A “year in review” of claims will also be presented.

Presenter(s)

Cary Lubetsky

Managing Partner

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He has worked on various commercial litigation matters involving real estate, foreclosures, title insurance, copyright, trademark, landlord tenant, antitrust, franchise, health insurance, and appellate issues. He currently represents several of Florida's and the nation's largest title insurers and their insureds and national, regional and local banks.
David Boyette

Partner

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Mr. Boyette’s clients include contractors, real estate developers, realtors, financial institutions, homeowners associations, condominium associations, trustees and individuals and businesses. He has prosecuted and defended cases involving contract disputes, probate matters, construction defects, lien foreclosures and other complex commercial matters.

Mr. Boyette is admitted to practice in the United States District Court for the Middle District of Florida and the United States Court of Appeals for the Eleventh Circuit. He is Board Certified by The Florida Bar as a specialist in business litigation, and is a former member of The Florida Bar Grade Review Panel for 2003-2004 Business Litigation Board Certification Examination.

Mr. Boyette is the author of “Title Insurance Liability Beyond the Policy”, 69 Florida Bar Journal 24 (1995); “WHOSE SHOES TO USE: Achieving a Subrogation Footing in the Wave of Foreclosures”, 87 The Florida Bar Journal 1 (Jan. 2013); and “What Exactly Did I Sign Up For? Legal Duties Inherent in Serving on an Association Board”, Community (the official journal of Community Associations Institute (CAI), West Florida Chapter)(Sept. 2016).

Mr. Boyette formerly served as a pro bono attorney volunteer for the legal aid society, and as chairman of multiple committees of the Sarasota County Bar Association. He received his J.D. from the University of Florida in 1989, and earned his B.A. from the University of Florida in 1985.

Mr. Boyette is an active member of the Sarasota County Bar Association, Florida Land Title Association, Community Associations Institute and the Incarnation Catholic Church. David also serves on the Board of Directors of Pines of Sarasota Rehabilitation and Senior Care Community.

In his spare time, he likes hiking and nature photography and has completed multiple Ironman triathlon races.

George Perez

Claims Manager

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He graduated from the University of Central Florida and Brooklyn Law School. Prior to joining The Fund, Mr. Perez was in private practice where he was involved in transactional real estate for both residential and commercial properties, as well as representing institutional lenders. He was also a real estate and title insurance litigator representing a number of title insurance underwriters. During his years of private practice, Mr. Perez was also involved in estate planning/probate and trust administration as well as business law. He has taught in Valencia College’s ABA-accredited paralegal studies program in addition to being a regular speaker at The Fund’s New Member Training program. He is a member of the Florida Bar.
Michael Rothman

Legal Education Manager

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Prior to joining The Fund, Mr. Rothman was a partner in the Miami firm of Rothman & Tobin, P.A., where he served as an outside claims counsel for The Fund, assisting in the resolution of title claims for its insured owners and lenders. Mr. Rothman also was a Fund Member and handled residential and commercial closings, and represented some of Florida’s premier homebuilders in many south and central Florida communities, including Weston, Celebration, Baldwin Park and Lake Nona.

Mr. Rothman has presented at The Fund Assembly on multiple occasions, and was a frequent lecturer for National Business Institute, speaking on topics ranging from claims avoidance to ethical considerations for the real estate practitioner.

Mr. Rothman is a graduate of SUNY-Albany and the University of Miami School of Law. He is a certified circuit court mediator, specializing in disputed real estate matters.

Stuart Grossman

Founding Partner

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For nearly 20 years, Mr. Grossman has focused his practice on real estate and real estate litigation, representing buyers, sellers, lenders, developers, and institutions in all aspects of commercial and residential real estate transactions, from initial acquisition through development. He has represented several high-profile clients in eight-figure acquisitions, including a large Palm Beach County developer in over 50 real estate transactions totaling more than $200 million.  He has also represented some of the country’s largest title insurers as an outside claims counsel on complex mortgage fraud cases, as well as helping to resolve various title claims in federal and state court actions throughout the state of Florida. Mr. Grossman has been appointed as a receiver and special magistrate by state court judges in Miami-Dade and Broward Counties in various real estate related matters and has received a number of awards and recognitions, including The Best Lawyers in America and Top Lawyers.

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