THIS PART COVERS
This topic addresses recent case decisions affecting Texas Real Estate. The topic is presented in two sections on consecutive days, and addresses title insurance law, changes in real estate law and suggested practice tips, mortgage lending and closing transactions in a secure manner, search and examination to assure the transfer of good title, and ethical and fiduciary duties for the real estate practitioner.

PRESENTED BY:
David A. Weatherbie, Cramer Weatherbie Richardson Oliver LLP, Dallas

THIS PART COVERS
Provide an overview of the 88th Texas legislative session with a focus on laws affecting title insurance, title examination, and closing of transactions along with relevant updates resulting from subsequent special sessions called by the Governor.

PRESENTED BY:
Steve Streiff, Old Republic National Title Insurance Company, Houston

THIS PART COVERS
Going into effect on January 1, 2024, the Corporate Transparency Act (“CTA”) is new federal legislation that requires a “reporting company” to report its beneficial ownership to the federal Financial Crimes
Enforcement Network (“FinCEN”). This presentation will explain what the CTA does, who it affects, and what is required to comply with the new law. In particular, the presentation will discuss the effect of the CTA on the various forms of ownership of title agencies and their related entities and affiliated business structures and the possibility of an exception to CTA reporting for “insurance producers.” The presentation will also explore the federal government’s guidance issued to date and preparation for intake of these entity filings, as well as the potential fines and penalties for non-compliance.
 
PRESENTED BY:
Leslie S. Johnson, WFG National Title Insurance Company, Dallas

THIS PART COVERS
By the end of this presentation, participants will be able to comprehend the key aspects of RESPA (Real Estate Settlement and Procedures Act), with a specific focus on Affiliated Business Arrangements (AfBAs). They will gain a comprehensive understanding of AfBAs, including their definition, advantages, and the necessity for compliance with RESPA. Additionally, participants will be equipped with knowledge about the Safe Harbor Test, Bona Fide AfBAs, the criteria employed by HUD for evaluation, and the qualities crucial for selecting a trustworthy partner in an AfBA. The presentation aims to enable participants to distinguish between successful alliances and mere transactions, emphasizing the importance of shared objectives, constructive relationships, and adaptability. Ultimately, participants will grasp the significance of maintaining RESPA compliance throughout AfBAs, promoting fairness and adherence to regulations in the real estate industry.
 
PRESENTED BY:
Marx Sterbcow, The Sterbcow Law Group LLC, New Orleans

THIS PART COVERS
Issues surrounding mineral interests are of vital concern for title insurers in Texas. This includes not only ownership of minerals themselves, but rights and privileges associated with those ownership rights. Surface damage coverage provided by the title policy or endorsements can be an important part of the coverage an insured gets under the policy. Understanding those coverages and how to analyze them is vital. Additionally, new legislation regarding geothermal energy rights means those rights will have many similar coverage questions and concerns, making a clear understating of those rights also vital to the title insurance industry.
 
PRESENTED BY:
John H. Dorris, First American Title Insurance Company, Houston

THIS PART COVERS
The Real Estate Clinic at St. Mary’s School of Law: using real estate principles to preserve homeownership for low-income families.
PRESENTED BY:
Professor Genevieve Hebert-Fajardo, St. Mary’s University School of Law, San Antonio

THIS PART COVERS
This 30-minute session focuses on an in-depth discussion of the various promulgated pre-printed exceptions in the Texas title commitment (T-7), specifically focusing on what each exception will and will not cover. 
PRESENTED BY:
Ron Dold, Westcor Land Title Insurance Company, Austin

THIS PART COVERS
Texas has perhaps the strongest homestead protection law in the country. Because of this robust protection, homestead claims can present significant risks to the enforceability of real property liens. This topic will explain the primary defenses that can be asserted against a homestead claim and will discuss recent legislation that provides a method for rural borrowers to convey property to related corporate entities without such conveyance being a pretend sale that is invalid under the Texas Constitution.

PRESENTED BY:
Jeremy Brown, Keating Brown PLLC, Richardson

THIS PART COVERS
Because of the increasing median age of the population, attorneys and title professionals are seeing an increasing number of real estate transactions involving older parties. This presentation is intended to address some issues that frequently arise, and to point out some other, lesser known, issues. It is intended for both (i) attorneys who prepare documents used in these transactions, and (ii) title professionals who are asked to issue title insurance policies in various situations.

PRESENTED BY:
Wade A. Thunhorst, Title Resources Guaranty Company, Dallas

THIS PART COVERS
Participants will gain a sophisticated understanding of the intricacies associated with ladybird deeds, such as challenges arising from multiple grantors, predeceased grantees, and revocations. A comprehensive analysis of the Wright v. Jones case, particularly relevant in blended family situations, will enhance their legal insight. The curriculum places a strong emphasis on drafting skills tailored to title insurance considerations, guiding participants in crafting ladybird deeds with precision, especially in scenarios involving multiple grantors. Practical application is a focal point, offering strategic insights for addressing challenges unique to the title insurance sector, including navigating power of attorney involvement and poorly structured reservation of power clauses. The course also explores the integration of ladybird deeds with the Medicaid Estate Recovery Program, providing specific guidance on handling title insurance-related aspects of MERP collection. Ultimately, this program aims to equip title insurance professionals with advanced knowledge and practical expertise for navigating ladybird deeds in their industry.

PRESENTED BY:
Jacob G. Straub, Law Office of Jacob G. Straub, West

THIS PART COVERS
Title companies frequently close transactions involving various types of express trusts, including inter vivos and testamentary. Other trusts such as management trusts may be created by courts. Recent legislation, spawned by a controversial court decision from a federal court, has provided relief to an old problem but at the same time has raised new issues. The examiner, escrow officer and underwriter must all play a part in recognizing and resolving the issues presented by these files.

PRESENTED BY:
Bruce Goldston, Texan Title Insurance Company, San Antonio

THIS PART COVERS
Express Insurance is a relatively rarely requested, rarely offered and often misunderstood form of title insurance coverage. Understanding how and when it can be used provides the title agent an additional insuring solution commonly overlooked. It is important for title agents to be knowledgeable with respect to the interaction of the procedural rule providing for Express Insurance in relation to later adopted insuring endorsements.

PRESENTED BY:
David M. Hays, First National Title Insurance Company, Plano

THIS PART COVERS
This comprehensive session is tailored for professionals in the real estate industry, focusing on key aspects of Texas real estate, including TREC rules, Homeowners Associations (HOA's), Municipal Utility Districts (MUD's), and associated legal considerations. In the initial segment, participants will receive an overview of the session's importance and its relevance to real estate transactions. The subsequent sections provide in-depth insights into TREC rules, exploring recent changes, their impact on transactions, and the consequences of non-compliance. The discussion then shifts to HOA's, covering their definition, rules, recent developments, and the implications for property owners and buyers. MUDs are examined next, elucidating their purpose, recent regulatory developments, tax considerations, and their influence on property values and ownership costs. The legal considerations section delves into the legal implications of TREC rules, HOA regulations, and MUD matters, emphasizing the importance of legal consultation. The session concludes with best practices, offering recommendations and strategies for real estate professionals and property stakeholders to navigate HOA and MUD-related issues while staying compliant with TREC rules and regulations.

PRESENTED BY:
Scott Kesner, Chair of The Texas Real Estate Commission, El Paso
 

THIS PART COVERS
This topic addresses recent case decisions affecting Texas Real Estate. The topic is presented in two sections on consecutive days, and addresses title insurance law, changes in real estate law and suggested practice tips, mortgage lending and closing transactions in a secure manner, search and examination to assure the transfer of good title, and ethical and fiduciary duties for the real estate practitioner.

PRESENTED BY:
David A. Weatherbie, Cramer Weatherbie Richardson Oliver LLP, Dallas

THIS PART COVERS
Fraud of all kinds is on the increase. Criminals continue to find new and innovative ways of defrauding all parties involved in the real estate transaction including Title Companies, Lenders, Realtors, Buyers and Sellers. This presentation will review all the different types of fraud title companies must watch for and avoid. The goal of the presentation will be to help title companies understand out to fraud-proof their company to the highest extent possible, implementing processes, systems, audits, reports, and technology solutions that reduce the risk of loss from fraud.

PRESENTED BY:
David Tandy, Texas National Title, Austin

THIS PART COVERS
The purpose of this paper is to discuss four hot topics when it comes to a discussion of ad valorem taxes in Texas. The first and “hottest” topic is a discussion of the proposed changes set forth in the “Tax Relief Act of 2023” and how these proposed changes will affect real estate transactions. The remaining three topics are topics that remain at the top of the list when it comes to questions people have about ad valorem taxation in Texas. Those three topics are: (1) prorations, (2) tax freezes and (3) the transportability of the over-65 and disability exemptions and tax ceilings.

An understanding of all four of these topics is fundamental to closing a real estate transaction. No transaction can be closed and insured without an understanding of ad valorem taxes, exemptions available to reduce taxes, which of those exemptions can be “frozen” and/or transferred to a new property withing a calendar year, and how these transfers can effect tax prorations.

Note: In the final course materials, I will include references to the relevant Texas Tax Code Sections for each topic discussed. 

PRESENTED BY:
Lisa M. Beville, JD, CPA, CTIP, Fidelity National Financial, Dallas

THIS PART COVERS
By the end of this 30-minute session on Clearing Schedule C, participants will be able to identify and understand some of the common challenges –and their solutions – relating to trusts and estates, enabling them to make informed decisions in real estate transactions and title underwriting.

PRESENTED BY:
Mary Belan Doggett, Attorney at Law

THIS PART COVERS
A recorded foreclosure sale deed appears in the chain of title for a property under examination. The primary objective of this presentation is to highlight the applicable legal requirements --- contractual, statutory and common law --- typically required for a lienholder (and its agents) to properly document and conduct a nonjudicial real estate foreclosure sale that must be ascertained and substantiated as part of a determination by the title company as to the insurability of title to the property under examination.

PRESENTED BY:
David Tomek, David Tomek PLLC, Dallas

THIS PART COVERS
The primary objective of this economic update for the title industry is to provide a comprehensive analysis and insightful overview of the current economic landscape, identifying key trends, challenges, and opportunities impacting the title sector. Through a focused examination of relevant macroeconomic indicators, real estate market dynamics, regulatory developments, and emerging technologies, this update aims to equip stakeholders in the title industry with actionable insights to navigate evolving market conditions, enhance risk management strategies, and capitalize on potential growth avenues. By fostering a nuanced understanding of the economic context, this update seeks to empower industry professionals to make informed decisions, optimize operational efficiency, and stay resilient in an ever-changing economic environment.

PRESENTED BY:
Dr. Lynn Krebs, Texas Real Estate Research Center at Texas A&M University, College Station

THIS PART COVERS
Since the public release of ChatGPT by OpenAI in November 2022, there has been extremely rapid engagement across the globe of generative text-based artificial intelligence (GenAI). Along with GenAI, there is an almost daily acceleration of new AI-based tools impacting all kinds of media including text, images, audio, and video. We will provide a grounding into the nature of GenAI and the likely ways it will be incorporated in the title insurance industry. Along with disruption, uncertainty will impact each of us along a wide spectrum. This presentation will give a framework for understanding AI, the personal challenges of navigating change, and the opportunities to incorporate new technologies into our work.
 
PRESENTED BY:
David Sinclair, Alliant National Title Insurance Company, Longmont, Colorado

THIS PART COVERS
The goal of this session is to examine the evolving landscape of cyber threats over the past two decades and its specific impact on title agents in real estate transactions. By analyzing historical trends, current challenges, and potential future scenarios, this talk aims to equip title agents with actionable insights to fortify their cyber defenses, navigate regulatory landscapes, and uphold transactional integrity. The objective is to provide a concise yet comprehensive understanding of cybersecurity dynamics, empowering title agents to proactively address emerging risks in the digital realm.
 
PRESENTED BY:
Genady Vishnevetsky, Stewart Title Guaranty Company, Houston