Distressed Properties & Title Insurance - Part 1: A Primer for a Down Market

Stewart NCS Title Tenets Webinar

July 2023

In Part One of this two-part webinar series, we will discuss the cause and impact of distressed real property and mitigation options through title insurance products and services. After a brief overview of capital stack structures, we will cover a typical non-judicial timeline (CA Civil Code Section 2924) and a comparison of Non-Judicial vs. Judicial benefits and constraints.

Further, our speakers will cover the scenarios and expectations for issuing title commitments, trustee sale guarantees, and litigation guarantees collectively or individually.

There will also be a discussion of key endorsements to consider obtaining in certain distressed situations, and our presenters will additionally cover the features and types of title insurance coverage and key concerns. Differences in defined terms and exclusions provisions of the 2006 vs. 2021 title policies will likewise be covered in this presentation.

We will finish Part One with a discussion of transfer tax considerations when foreclosing upon or otherwise taking a property back, including the most recent Measure ULA in So. California.