The Title Search: What You Need to Know March 23, 2016 9:00 a.m. - 1:00 p.m. CBA Law Center New Britain, CT CT Bar Institute, Inc. CLE Credit 4.0 Hours No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Lawyers’ Principles of Professionalism As a lawyer I must strive to make our system of justice work fairly and Where consistent with my client's interests, I will communicate with efficiently. In order to carry out that responsibility, not only will I comply opposing counsel in an effort to avoid litigation and to resolve litigation with the letter and spirit of the disciplinary standards applicable to all that has actually commenced; lawyers, but I will also conduct myself in accordance with the following Principles of Professionalism when dealing with my client, opposing I will withdraw voluntarily claims or defense when it becomes apparent parties, their counsel, the courts and the general public. that they do not have merit or are superfluous; Civility and courtesy are the hallmarks of professionalism and should not I will not file frivolous motions; be equated with weakness; I will endeavor to be courteous and civil, both in oral and in written I will make every effort to agree with other counsel, as early as possible, on communications; a voluntary exchange of information and on a plan for discovery; I will not knowingly make statements of fact or of law that are untrue; I will attempt to resolve, by agreement, my objections to matters contained in my opponent's pleadings and discovery requests; I will agree to reasonable requests for extensions of time or for waiver of procedural formalities when the legitimate interests of my client will not be In civil matters, I will stipulate to facts as to which there is no genuine adversely affected; dispute; I will refrain from causing unreasonable delays; I will endeavor to be punctual in attending court hearings, conferences, meetings and depositions; I will endeavor to consult with opposing counsel before scheduling depositions and meetings and before rescheduling hearings, and I will I will at all times be candid with the court and its personnel; cooperate with opposing counsel when scheduling changes are requested; I will remember that, in addition to commitment to my client's cause, my When scheduled hearings or depositions have to be canceled, I will notify responsibilities as a lawyer include a devotion to the public good; opposing counsel, and if appropriate, the court (or other tribunal) as early as possible; I will endeavor to keep myself current in the areas in which I practice and when necessary, will associate with, or refer my client to, counsel Before dates for hearings or trials are set, or if that is not feasible, knowledgeable in another field of practice; immediately after such dates have been set, I will attempt to verify the availability of key participants and witnesses so that I can promptly notify I will be mindful of the fact that, as a member of a self-regulating the court (or other tribunal) and opposing counsel of any likely problem in profession, it is incumbent on me to report violations by fellow lawyers as that regard; required by the Rules of Professional Conduct; I will refrain from utilizing litigation or any other course of conduct to I will be mindful of the need to protect the image of the legal profession in harass the opposing party; the eyes of the public and will be so guided when considering methods and content of advertising; I will refrain from engaging in excessive and abusive discovery, and I will comply with all reasonable discovery requests; I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement of In depositions and other proceedings, and in negotiations, I will conduct administration of justice, and the contribution of uncompensated time and myself with dignity, avoid making groundless objections and refrain from civic influence on behalf of those persons who cannot afford adequate legal engaging I acts of rudeness or disrespect; assistance; I will not serve motions and pleadings on the other party or counsel at such I will endeavor to ensure that all persons, regardless of race, age, gender, time or in such manner as will unfairly limit the other party’s opportunity disability, national origin, religion, sexual orientation, color, or creed to respond; receive fair and equal treatment under the law, and will always conduct myself in such a way as to promote equality and justice for all. In business transactions I will not quarrel over matters of form or style, but will concentrate on matters of substance and content; It is understood that nothing in these Principles shall be deemed to supersede, supplement or in any way amend the Rules of Professional Conduct, alter existing standards of conduct against which lawyer conduct I will be a vigorous and zealous advocate on behalf of my client, while might be judged or become a basis for the imposition of civil liability of recognizing, as an officer of the court, that excessive zeal may be any kind. detrimental to my client’s interests as well as to the proper functioning of our system of justice; --Adopted by the Connecticut Bar Association House of Delegates on June 6, 1994 While I must consider my client’s decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with zealous and effective representation; Faculty Biographies Matthew J. Cholewa is a Partner in the Title Practice Group of Hunt Leibert Jacobson, P.C., a law firm based in Hartford, CT. Prior to that, Attorney Cholewa spent 16 years in the title insurance industry as an Agency Services Manager, State Underwriting Counsel and Claims Counsel. Attorney Cholewa is also the principal of Colonial 1031 Exchange Services, LLC, a 1031 tax deferred exchange consulting company. He received his B.S. degree in Engineering Summa Cum Laude and his M.B.A. from the University of Connecticut, and his Juris Doctor from the University of Virginia School of Law, where he was a member of the Virginia Law Review. Mr. Cholewa is a member of the Connecticut and Massachusetts bars, is the Chair of the Connecticut Bar Association's Real Property section, and is an elected member of the House of Delegates, the governing body of the Connecticut Bar Association. He is also a Past President of the New England Land Title Association. Matt has written many articles and given many seminars in the area of real estate law. Matt lives in Wethersfield with his three children. Matt can be reached at 203-612-9242 or by Email at [email protected] Joseph C. Sanfilippo is manager and counsel of Legal Title Service, LLC, a title search company serving Connecticut. He is also sole proprietor of the Law Office of Joseph C. Sanfilippo. He has more than 30 years experience in the area of real estate related matters involving residential and commercial titles, the real estate closing process and issues regarding foreclosure, bankruptcy, probate, and common interest communities. Mr. Sanfilippo is well versed in the Connecticut General Statutes and Standards Title and other related public acts regarding real estate. He also provides expert testimony and counsel in connection with complex title issues. Mr. Sanfilippo earned his B.A. degree from Hartwick College and his J.D. degree from the University of Bridgeport School of Law, now known as Quinnipiac College School of Law. He is admitted to the Connecticut Bar, U.S. District Court, and he is a member of the Connecticut Bar Association. Mr. Sanfilippo has provided public seminars and training in all title related matters. Barbara C. Smith has over thirty years’ experience in commercial and residential real estate transactions, focusing on complex commercial and residential title examinations both in private practice and in the title insurance industry. She is admitted to the Connecticut Bar, and a member of the Connecticut Bar Association. She has taught real estate law to Connecticut real estate agents and brokers through the Office of Continuing Education at the University of Connecticut. Barbara C. Smith received her B.S. degree from University of New Haven, Summa Cum Laude, and her J.D. from Boston University School of Law. THE TITLE SEARCH: WHAT YOU NEED TO KNOW CBA/CLE March 23, 2016 Joe Sanfilippo (JS), Matthew Cholewa (MC) and Barbara C Smith (BCS) I. INTRODUCTION (MC) a. Introductions & background b. Ask for show of hands as to how many in audience have done a title search/ how many have never been in a land records vault c. Describe when and how each of us learned to do title searches d. In the next few hours, we will: (MC) i. Review the basics of title searching as done in the land records vault and as might be done by electronic remote land records research ii. Discuss going beyond the vault: remote title searching, probate, foreclosure and municipal searches iii. Quick review of the unique issues presented with common interest communities iv. Review of common legal concepts, statutes of limitation v. Discuss the transition of a title search report to a title insurance policy: the commitment, underwriting issues, pro forma II. Title Searching Fundamentals Over the years, title searching in Connecticut has become more and more complex.