Real Estate Law Fundamentals

John T. Lotardo | Commonwealth Land Title Insurance Company

John T. Lotardo, aka the “TITLEMAN”™, is Senior Vice President, Director of Operations and National Commercial Counsel for Commonwealth Land Title Insurance Company. He is the former State Counsel and Senior Underwriter for First American Title Insurance Company for the states of Arizona and Nevada. Prior to that, the Titleman was senior vice president and general counsel for Stewart Title & Trust of Phoenix Inc., as well as state underwriting and claims counsel for Stewart Title Guaranty Company. As an Arizona licensed attorney, the Titleman practice entails all aspects of real estate, title/escrow and corporate operations. He received his Bachelor of Arts with honors and academic distinction from C.W. Post, Long Island University and his Juris Doctorate degree from Arizona State University.

The Titleman, an active member of the State Bar of Arizona, is a frequent speaker, instructor, retained expert and guest commentator for numerous Escrow, Banking, Realtor® & Title Associations such as ALTA, AEA, ASEA, NEA, AAR, SAR, AMLA, AMBA, among many others. Being past-President of both the Land Title Association of Arizona and the Arizona Trustee Association, he has been a member of many real estate organizations, settlement groups, bankruptcy, lending, foreclosure, legislative, judiciary and corporate organizations locally and nationally. He is a 2016 inaugural recipient of the Arizona Land Title Professional designation and regularly a member on the Arizona Association of Realtors’ Residential & Commercial Contract Workgroups and the Education Advisory Committee for the Department of Real Estate. He is recognized with the Excellence in Underwriting and IMD Hero monikers and a National Title Professional by the ALTA.

The Titleman is author of numerous articles including the popular “Ask the TITLEMAN”™, which can be found on his website www.askthetitleman.com as well as other sites. He has been a volunteer for Lawyers-On-Call, a public service partnership with Channel 12 News as well appearing on Channel 3’s news show: Money Matters. Being a guest commentator for many publications including the Arizona Republic, InBusiness Magazine, The New Times, among others, the Titleman has also appeared on Talk Radio for KFNX 1100, KFNN 1510 as well as Java with John. He had been the Editor for the Real Property Journal for the State Bar of Arizona, past-Chair for the Arts and Culture Commission for the City of Phoenix, past-participant for the State Bar’s Speakers Bureau, Mentor for the Women Law Students’ Association, and the Arizona Business Roundtable- an alliance organization between the business community and the Judiciary. Former Governor Napolitano appointed him to the Electronic Recording Commission to develop statewide protocols. He is a “Who’s Who” in the legal community as part of The Business Journal’s Leading Lawyers Program, the Strathmore’s Who’s Who, as well as the Cambridge Who’s Who Registry demonstrating leadership and achievement in the field of real estate. Currently, the Titleman is Past Chair and Executive Council Member of the Real Property Section, Executive Council Member of the In-House Counsel Section of the State Bar of Arizona as well as Chair of the Real Estate Advisory Board for the Maricopa County Recorder & recipient of the Black Knight-Ernst Scholarship with the Property Industry Records Association. Lastly, he is Chair of the LTAA Mentorship Program and is a Business Advisory Council member for the Arizona Secretary of State.

Session I – Property Ownership, Rights, and Transactions | 1:00pm – 2:00pm

• Types of Property Ownership
  • Fee simple, joint tenancy, tenancy in common, tenancy by the entirety
  • Community property vs. separate property
  • Future interests and life estates
• Easements, Covenants, and Encroachments
  • Types of easements (appurtenant, in gross)
  • Private and public covenants
  • Legal remedies for encroachments
• Real Estate Transactions: Key steps
  • Contract formation, negotiations, contingencies
  • Role of the attorney in drafting and reviewing purchase agreements
  • Deed types and delivery

Break | 2:00pm – 2:10pm

Session II – Title, Financing, and Zoning | 2:10pm – 3:10pm

• Title Examination and Title Insurance
  • Title searches, chain of title, common defects
  • Title insurance: Types, purpose, and resolving defects
  • Quiet title actions and adverse possession
• Real Estate Financing
  • Mortgage basics, liens, and priorities
  • Foreclosure processes and defenses
  • Loan modifications and refinancing options
• Land Use, Zoning, and Environmental Issues
  • Zoning ordinances, rezoning, and variances
  • Land use restrictions and environmental compliance
  • Brownfield redevelopment and environmental site assessments