Tips on Legal Descriptions, Deeds & Surveys: A introduction for new attorneys

Frank Kosir, Jr.
Erin M. Fagnilli
John T. Lotardo, aka the “TITLEMAN”™
Frank Kosir, Jr. | Meyer, Unkovic & Scott LLP
Erin M. Fagnilli | Chicago Title Insurance Company
John T. Lotardo, aka the “TITLEMAN”™ | Commonwealth Land Title

On-Demand: March 21, 2024

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2.5 hour CLE
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Program Summary

Session I- Good deeds do go unpunished - Frank Kosir, Jr and Erin Fagnilli

The Deed is one of the oldest, most respected, and important forms of legal document. From the beginning of civilized society, the deed, or some variant thereof, has been used as the means of conveying away and taking title to real property. In more recent times, the deed has also been used as the primary means of conveying title to minerals, oil and gas, and other subsurface rights. Although the contents and provision of the standard deed have changed throughout the years, the basic form remains largely the same, and has withstood the test of time.

Key topics to be discussed:

  • Ways in which a title can be held
  • Types of estates in land
  • Requisite parts of a deed
  • Requirements for effective and accurate drafting
  • Delivery and recording of a deed

Session II- TITLEMAN’S Tips on Legal Descriptions, Deeds & Surveys: A introduction for new attorneys- John T. Lotardo, aka the “TITLEMAN”™,

Proficiency in real estate transactions involves an understanding of key topics such as reading and writing legal descriptions, navigating the types and uses of deeds, recognizing, and addressing title defects, deciphering various survey types and interpreting them effectively, and assessing the impact of survey issues on title. Reading and understanding legal descriptions is crucial for accurately deciphering property boundaries, while knowledge of deed types and uses is essential for ensuring the intended property transfer. Recognizing and curing title defects is a critical skill to resolve ownership issues, and understanding the nuances of different survey types is vital for evaluating and obtaining title insurance.

Additionally, being adept at identifying and addressing survey issues is integral to identifying and resolving title matters adverse to your client’s interests. Overall, a grasp of these topics is essential for professionals involved in real estate transactions.

Key topics to be discussed:

  • Reading and Writing Legal Descriptions
  • Type and Use of Deeds
  • Recognizing and Curing Title Defects
  • Types of Surveys and How to Read Them
  • Survey Issues and the Impact on Title

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Frank Kosir, Jr._FedBarFrank Kosir, Jr. | Meyer, Unkovic & Scott LLP

FRANK KOSIR, Jr., is a partner with Meyer, Unkovic & Scott LLP in Pittsburgh, Pennsylvania, and is a member of the firm’s Real Estate and Lending, Litigation and Dispute Resolution, Construction Law, and Energy and Mineral Rights Groups. He has significant civil litigation and general practice experience in all areas of real property law and acquired extensive experience in all facets of real estate development, sales, construction, and leasing prior to entering the practice of law. Mr. Kosir represents clients in a wide range of matters including commercial and residential real estate tax assessment appeals, commercial and residential sales and leasing, oil and gas lease negotiations, title defense, commercial and residential landlord-tenant proceedings, and zoning and land use issues.

He is a frequent lecturer at continuing legal education programs. Mr. Kosir was recognized five times as a Pennsylvania Super Lawyers® Rising Star® in real property law and has been recognized five times as Pennsylvania Super Lawyers® Super Lawyer. Mr. Kosir has also twice been recognized as Best Lawyers in America. He is a member of the Pennsylvania Bar Association, the Allegheny County Bar Association, and the Washington County Bar Association. Mr. Kosir received his B.A. from Washington & Jefferson College in 1998, and his J.D. from the Duquesne University School of Law in 2001. He resides in Peters Township, Pennsylvania, where he formerly served as a member of the Township Planning Commission and is now in his ninth year as an elected Township Councilman.

 

Erin M. Fagnilli_FedBarErin M. Fagnilli | Chicago Title Insurance Company

Erin M. Fagnilli is Manager and Vice President of the National Commercial Services operation of Chicago Title Insurance Company in Pittsburgh, Pennsylvania.

Erin has over 20 years of experience in the title insurance industry. Prior to joining Chicago Title, Erin was in private practice at law firms in the Pittsburgh area where she focused on real estate development. Erin is co-author of the book “Fagnilli and Kosir on Deeds-Fundamentals of Deed Drafting,” published by the Pennsylvania Bar Institute in 2014; 2nd Edition published in 2016 and 3rd Edition published in 2019. She received her B.S. in Business Administration from Duquesne University in 1993 and her J.D. from Duquesne University School of Law in 1995. Erin has served as a lecturer for several continuing legal education programs. She is a member of the Allegheny County Bar Association and the Pennsylvania Land Title Association. Erin resides with her family in Kennedy Township, Pennsylvania.

 

John T. Lotardo, aka the “TITLEMAN”™_FedBarJohn T. Lotardo, aka the “TITLEMAN”™| Commonwealth Land Title

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, Mr. Lotardo 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, Mr. Lotardo’s practice entails all aspects of real estate, title/escrow and corporate operations. Mr. Lotardo 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.

Mr. Lotardo, 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.

Mr. Lotardo 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, Mr. Lotardo 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, John 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.

Agenda

Session I- Good deeds do go unpunished |12:00pm-1:00pm

  • Ways in which a title can be held | 12:00pm – 12:12pm
  • Types of estates in land | 12:12pm – 12:24pm
  • Requisite parts of a deed | 12:24pm – 12:36pm
  • Requirements for effective and accurate drafting | 12:36pm – 12:48pm
  • Delivery and recording of a deed | 12:48pm – 1:00pm

Break | 1:00pm – 1:10pm

Session II- TITLEMAN’S Tips on Legal Descriptions, Deeds & Surveys: A introduction for new attorneys |1:10pm – 2:50pm

  • Reading and Writing Legal Descriptions | 1:10pm – 1:30pm
  • Type and Use of Deeds | 1:30pm – 1:40pm
  • Recognizing and Curing Title Defects | 1:40pm – 2:10pm

Break | 2:10pm – 2:20pm

  • Types of Surveys and How to Read Them| 2:20pm – 2:35pm
  • Survey Issues and the Impact on Title | 2:35pm – 2:50pm
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