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Fund Assembly 2024 Sessions

Learn MoreFund Assembly - General Session
Learn More Closing During the Bankruptcy Process: Section 363 Sales and Beyond

An overview of the pitfalls and nuances of real estate transactions within the context of a pending bankruptcy.

  • Many sophisticated buyers of property actually prefer purchases out of bankruptcy estates.
  • Very problematic properties can be purchased free and clear of all liens and other issues.
  • There are a number of procedural and technical steps that must be followed for a successful transaction.
  • You need to know what they are, and more importantly, you need to make sure your bankruptcy counsel, as well as the seller’s bankruptcy counsel, follows proper procedure for the purchase to be successful.

 

Robert Charbonneau
Attorney, Agentis PLLC

Learn More Don’t Take Access for Granted – Determinations of Access and Insuring Access Easements

The right of access to a public road is a covered risk under a title insurance policy, but the particular means of reaching this access and the quality of access are not covered. This presentation will address the team effort required between the Fund Member title agent and insurer to assess limitations to access that may exist especially when access easements are involved.

  • Define access as a covered risk under the policy jackets and the extent of coverage for this issue.
  • Understand your duties as an agent in evaluating the sufficiency of access.
  • Review of the process required to ensure access easements.

 

Chris Bracken
Underwriting Counsel, The Fund

Learn More Fiduciary Fun Facts – Essentials

This program will discuss the basics of fiduciary relationships and the essentials for insuring title in real property transactions involving trustees, custodians, attorneys-in-fact, and guardians.

  • Understand the basics of each fiduciary relationship, its basis in law, and prohibitions on conflicts of interest and self-dealing.
  • Learn about the Proper Authority to Act – Magic Words
  • Review underwriting requirements for insuring transactions involving fiduciary relationships.

 

Scott Jackson
Underwriting Counsel, The Fund

Learn More FIRPTA Made Easier

This program will demystify FIRPTA while showing how to make the application of FIRPTA simpler in every transaction. IRS forms can now be used for multiple purposes, which now makes the collection of key data easier and helps facilitate a determination if FIRPTA applies to the transaction. Understanding how best to use the forms and analyze the data is crucial for settlement agents dealing with FIRPTA’s withholding and reporting requirements.

  • Hear The Fund’s resident expert on FIRPTA, Linda Monaco, speak on her favorite topic!
  • Learn how to use and apply the IRS Form W-9 to determine if and how FIRPTA applies to a transaction.
  • Understand how the real estate contract can be your best friend when FIRPTA turns difficult.

 

Linda Monaco
Senior Legal Education Attorney, The Fund

Learn More General Counsel's Perspective

 

Melissa Murphy
Executive Vice President, Chief Legal Officer & General Counsel, The Fund

Learn More Hear From the Auditors – Tips to Have an Excellent Audit

This program features a panel of Fund Auditors discussing common audit findings and the practices of Fund Members who have consistently good audits.

  • Learn about common audit findings directly from Fund Auditors.
  • Hear the Auditors’ observations about the practices of Fund Members who have consistently good audits.
  • Obtain tips from the Auditors to assist in improving the Fund Member’s audit results.

 

Margaret A. “Peggy” Williams
Senior Manager, Risk Analysis & Member Compliance, The Fund

 

Carol Thompson
Supervisory Senior Auditor, The Fund

 

Gerardo “Jerry” Preciado
Senior Auditor, The Fund

 

Lisa Allen
Supervisory Senior Auditor, The Fund

Learn More Legislative Update 2024 – A Dual Perspective

Legislation constantly changes laws that may impact your practice. Melissa Jay Murphy and Steven H. Mezer tackle new legislation and will provide not one - but two - perspectives on which bills may have the biggest impact on your practice.

  • Learn about relevant bills that passed this session and how they may impact your practice. Which bills do you need to know about before they take effect and how do you prepare for the impact to your practice and your clients? 
  • Melissa and Steve will provide in-depth discussion of the bills of most interest or impact to real estate practitioners. 
  • Attend this session so you will be in the know and be ahead of the curve (and your competitors) on the latest legislation. 

 

Melissa Murphy
Executive Vice President, Chief Legal Officer & General Counsel, The Fund

 

Steven H. Mezer
Shareholder, Becker & Poliakoff

Learn More Lien Forward; Look Back: Common and Uncommon Florida Lien Issues

Florida has a new source of liens created under Senate Bill 264’s provisions regarding conveyances to foreign principles, some tricky liens like those generated by Property Assessed Clean Energy (PACE) loans, and some plain old liens. Let’s take a look at the lot of them.

  • What do we know about how the Dept. of Agriculture and Dept. of Commerce liens provided for in last year’s SB-264 will work? 
  • What’s going on with PACE liens in Florida? 
  • What are other tricks and traps in dealing with both common and uncommon types of liens in Florida?

 

Jay St. Lawrence
Regulatory Compliance Counsel, The Fund

Learn More Mortgage Payoffs: The Top Fraud Threat Facing Real Estate Attorneys Today

New data reveals that mortgage payoff fraud is our industry's top source of fraud loss. And while buyer and seller fraud stories have caught the attention of mainstream media, mortgage payoff and check fraud have gone under the radar. In this session, Tyler Adams, CEO and co-founder at CertifID, will delve into payoff and check fraud, share incidents and their subsequent response plans, and present a comprehensive protection strategy you can apply to your business.

  • Learn the reasons why your payments are becoming prime targets for fraudsters.
  • Understand the intricate details of how these fraudulent schemes are executed and how they are continually evolving.
  • Develop a set of proven preventive measures that you can implement.

 

Tyler Adams
CEO, Co-founder, CertifID

Learn More President's Welcome Remarks

 

Jeff Rogero
Chief Executive Officer & President, The Fund

Learn More Quiz on Recent Real Property Cases

A review of cases summarized in The Fund Concept and presented in a true/false quiz format. The presentation will highlight cases of interest, and the materials will include all cases reviewed in the past year.

  • Case summaries, including citations, to provide current information on topics related to the practice of real property law in convenient course materials.
  • Interesting true/false quiz format with answers that explain the reasoning behind the court decision.
  • Highlight of key cases from the past year, including updates, that all real property attorneys need to know.

 

Colleen Sachs
Senior Commercial Counsel, The Fund

Learn More Residential Real Estate Now – Buyers, Sellers, and Current Economic Fundamentals

Buyers and sellers have changed what they want in a home, how they use their home, how they search for a new home, and the relationship to the agent. Buyers are facing affordability challenges and have struggled to find the perfect home. Alas, some have found creative ways to enter the market. Demographics have shifted. Who is today’s housing consumer and what do they want from their real estate agent or broker?

  • Understand current economic market conditions in real estate.
  • Learn about the changing demographics of the consumer.
  • Be on the cutting edge of real estate data.

 

Dr. Jessica Lautz
Deputy Chief Economist and Vice President of Research, National Association of REALTORS®

Learn More So You Think You Know SB 264 – the Conveyances to Foreign Entities Law

It’s been nearly a year since Senate Bill 264 went into effect and Fund Members have heard plenty about the law and its implementing rules. Practitioners have had to learn new terms (foreign principal), adopt a new form (buyer’s affidavit) and explain new procedures (foreign registration). Think you know it all well? This session will test your knowledge -- and might teach you a thing or two about this bewildering law that has upended foreign sales of real estate in Florida.

  • Judge how well you understand Senate Bill 264 - Conveyances to Foreign Entities.
  • Learn more about the registration requirements on foreign principals.
  • Come away with a better understanding how the administrative rules work to implement the new Florida statutes.

 

Michael Rothman
Senior Manager, Legal Education, The Fund

Learn More The Claims Game

Observe a friendly competition between the Members of The Fund’s Claims Department as they compete with each other over the workings of the title insurance policy, options available to cure title defects, and the application of relevant case law.

  • Exposure to terms and conditions of the owners and loan policies of title insurance and their application.
  • Methods implemented by the Claims Department to address title claims and cure title defects.
  • Brief surveys of case law that are relevant to title insurance claims.

 

Elsa Camacho
Claims Counsel, The Fund

 

George Perez
Senior Manager, Claims, Risk Analysis & Member Compliance, The Fund

 

Megan Crandall Solomon
Senior Claims Counsel, The Fund

Learn More The Corporate Transparency Act: How Will It Affect Your Practice?

The Corporate Transparency Act (CTA) is one of the more substantial changes to corporate practice of the last decade. But unlike some prior corporate laws, the CTA focuses on small businesses and the people who form and manage these small businesses, including professionals who form them. Properly managed, the CTA should be no more than a speed bump for some practices. But if poorly managed, the CTA can become problematic. This presentation teaches what the CTA is, how it operates, and what you can do to minimize its impact on your practice.

  • Learn what the Corporate Transparency Act is and what it covers.
  • Understand how the Corporate Transparency Act works in practical terms.

 

Manuel Farach
Shareholder, Mrachek, Fitzgerald, Rose, Konopka, Thomas & Weiss, P.A.

Learn More The Underwriting Toolbox

From leases and environmental notices to errors in legal descriptions, this informative program will describe a plethora of well-proven insuring solutions to often-encountered title issues. Sharing reliable solutions to common hurdles will empower Fund Members to efficiently issue title policies within their authority limits.

This program provides information that will empower Fund Members to resolve title issues efficiently and effectively, facilitate closings in our fast-paced environment, and efficiently and responsibly issue title insurance policies. 

 

John Benson
Senior Underwriting Manager, Branch Production, The Fund

Learn More Title Teasers

This program is a presentation of factual circumstances received throughout the year by Fund Underwriting Counsel from Fund Members.  A Fund Underwriting Counsel acts as moderator and presents title problems in a question-and-answer format, and our panel of experts, also Fund Underwriting Counsel, will discuss resolution and insurability of the specific title issue presented.

  • Listen to our moderator and panel discuss title problems and resolutions that are supported by Fund Title Notes, Florida case law, and statutes.
  • This program will enhance an attendee’s ability to perform title examinations and issue policies.
  • Attendees can participate in this interactive program and have the opportunity to choose among multiple responses for the correct answer.

 

Caleb Hinton
Underwriting Counsel, The Fund

 

Benjamin Jepson
Senior Underwriting Counsel, The Fund

 

John Brown
Senior Underwriting Counsel, Commercial Services, The Fund

 

Michael Mirrington
Senior Underwriting Counsel, The Fund

Learn MoreFund Assembly - Commercial Session
Learn More If the Terminator Knocks, Do You Open the Door?

This presentation will discuss what a practitioner needs to know to advise a unit owner faced with the decision to sell due to the increased cost in owning a condominium; as well as whether more associations and unit owners will now consider termination, all as a result of the legislation that resulted from the Surfside tragedy. 

  • This is a hot topic that impacts thousands of unit owners and associations throughout the State.
  • Provide strategies for advising clients relating to condominium terminations.
  • Common considerations for the practitioner in understanding how the condominium law impacts financial issues.

 

Margaret A. "Peggy" Rolando
Partner, Shutts & Bowen, LLP – Miami

Learn More Platting with Attitude: A Practical Guide to the Subdivision Platting Process

This presentation will guide practitioners through the subdivision platting process, beginning with raw, undeveloped land, and ending with a detailed, neatly-packaged development plat. We will look at construction plans and key players in the platting process and explain how local priorities and development patterns can impact platting. We will discuss tips and tricks for reviewing final plats to allow you to - dare we say it - plat with attitude!

  • Real estate attorneys are often brought into the subdivision process too late to have a full understanding of the numerous steps taken to get to a final plat.  This presentation will provide background about the permitting decisions that result in that final plat.
  • Platting requirements and practices vary jurisdiction-by-jurisdiction. Hear how local government priorities can affect the plat approval process.
  • Learn to evaluate and correct common plat errors and come away with practical tips for reviewing plats on behalf of developer clients.

 

Samantha Decker
Shareholder, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

 

Vinette Godelia
Shareholder, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

Learn More Public Rights v. Private Covenants: Are there limits to restrictive covenants?

Private property rights are one of the most fundamental rights that exist. Restrictive covenants limit private property rights.  But what happens when restrictive covenants run into public policy concerns?  Who wins the battle when private rights and public issues clash?  This unfolding battle will affect you, your clients, and your practice.

  • Understand the basics of restrictive covenants.
  • Know the limitations on restrictive covenants.
  • Be prepared for the future of real estate transactions and litigation as the battle over what restrictive covenants can and cannot do unfolds.

 

Allison Hertz
Attorney, Kaye Bender Rembaum PL

What's Included

Instant access to content, full session videos, speaker presentations & digital handout materials.

On-Demand Access The Florida Bar & NALA CLE credits
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