Title Commitments: What are they and why?


Re-Broadcast on March 20, 2017

Title commitments are one of the first steps of many in a closing on real property, but can often be overlooked in the frenzy and rush of even the simplest of closings. Knowing what a commitment is for and what to do with it, are critical for protecting yourself and your client from post-closing disaster. In this session, learn the role a commitment plays in a closing, how to read and understand the information in a commitment, and what liabilities are at stake when a commitment is issued.

Key topics to be discussed:

  • What is a title commitment?
  • Parts of the title commitment
  • Clearing Exceptions/Resolving Title defects
  • Merger with Policy
  • Modifying commitment
  • Proposed Insured and Third Party Beneficiary
  • Cancellation
  • Duty to disclose
  • Gaps
  • Reliance- Damages
  • Endorsement Considerations

Date / Time: March 20, 2017

  • 2:00 pm – 5:15 pm Eastern
  • 1:00 pm – 4:15 pm Central
  • 12:00 pm – 3:15 pm Mountain
  • 11:00 am – 2:15 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.



BeverlyMWeber-Updated-compressedBeverly M. Weber, Esq. is a shareholder with Martin Leigh PC, a law firm headquartered in Kansas City with additional offices in St. Louis, Missouri and Overland Park, Kansas. Beverly’s practice includes commercial real estate transactions, loan workouts and restructuring, and litigation in the areas of banking, title insurance law, and commercial law, including lender liability. Since joining the firm in 2003, Beverly has represented and advocated for clients across Missouri, Kansas and Illinois, in state and federal courts, in all aspects of her practice.

Beverly earned her Juris Doctor from the University of Missouri, at Kansas City. She is a member of several professional organizations, including the Kansas City Metropolitan Bar Association, the Missouri Bar Association, the Kansas Bar Association, and sits on the executive board for the Association for Women Lawyers of Greater Kansas City. Beverly speaks nationally on real estate and lender-related topics and hosts regional training and seminars for clients and professionals in her areas of experience. Beverly has received multiple Best of the Bar awards and in 2014 was awarded the Rising Star Award by the Missouri Lawyers Weekly, awarded to women 40 years or younger who have made great strides in their legal career.

Beverly is a wife and mother and enjoys running her non-profit, Lucy’s Kids for Peace, coaching youth soccer and masters swim team, and volunteering her time for Central Exchange, Rhein Benninghoven PTA, Holy Trinity Bookstore and other organizations throughout Kansas City.

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Section I. Introduction to Special Needs Trusts (SNTs)
a. Types of Special Needs Trusts
b. Alternatives to SNTs
c. Aligning your client’s needs and goals with the regulations
d. Assessing the Beneficiary’s Disability and Needs
e. Determining How Much to, and NOT to, Place into Trust

Section II. Drafting the SNT: Sample Provisions Review and Anallysis
a. Drafting the Letter of Intent – Why it’s Important
b. Essential Provisions of the Trust
c. Which Provisions to Avoid and Why
d. What Items can be Purchased with Trust Funds?
e. Funding In-Home Care
f. Ten Rookie Drafting Mistakes Everyone’s Made and Could Have Avoided
g. Revising Existing SNTs

Section III. New SNT Tax Provisions, Administration and Termination
a. 3.8% Tax on Undistributed Income
b. Section 642 Provision for Qualified Disability Trusts
c. Handling Trust Funds
d. Income Taxation of SNT Returns
e. Beneficiary Housing Issues
f. What Happens to the Trust Funds After the Beneficiary Dies?

Section IV. Avoid Disqualification through Administration
a. Medical Assistance: Medicaid
b. Supplemental Security Income (SSI)
c. Medicare and Social Security Disability Insurance (SSDI)
d. HUD Housing
e. Other Benefits

Section V. Special Needs Meets the Affordable Care Act (ACA)
a. Can your client with disabilities choose private health insurance through the ACA?
b. Coverage for Persons with Pre-Existing Condition
c. Elimination of Annual or Lifetime Caps
d. Coverage for Children Up to Age Twenty-Six
e. Limits on Out-of-Pocket Payments
f. Subsidies to Purchase Private Health Insurance
g. Benefits of Private Health Insurance for Special Needs Individuals
h. When Remaining on Medicaid may be Preferred
i. Medicaid Expansion – Know Your State
        i. Changes to Asset/Resource Test
        ii. Section 1915(c): Waiver for Long-Term, Non-Institutional Care

Section VI. Ethics
a. Ethical Considerations
b. Applying Rules of Professional Conduct in Elder/Disability Law Practice
c. Representing Mentally Incapable Clients
d. Representing Clients with Diminishing Capabilities
e. Representing Competent Clients with a Physical Disability
f. Additional Duties of Attorneys Serving as Trustees
g. Attorney Fees
h. Avoiding Conflicts of Interest