A Day on Real Estate - Catch the best sessions of the 2018 Real Estate Institute!
As real estate lawyers, you know that areas of your practice have changed dramatically over the last several years. Now, more than ever, you’ll want and need the information that A Day on Real Estate will provide. Offering a variety of sessions as well as the opportunity for updates on many different real estate law topics, this program provides one-hour segments packed full of practice tips and the latest legal information.
Bad Boys: Negotiating Recourse Carve-Outs in Complex Commercial Real Estate Finance Transactions
Mr. Ginsburg & Mr. Hackman
This session will address the latest foreclosure challenges asserted by borrowers, and the arguments in response by lenders and servicers. The session will focus on servicing issues such as loss mitigation, and the impact of the regulations from the Consumer Financial Protection Bureau. The presentation will also include the state of the law with respect to standing challenges, including attacks based the securitization of a loan, MERS assignments, and split the note theories.
Confessions of Judgement — The Good, The Bad, and The Ugly
This session is a comprehensive review of confessions of judgement, including drafting considerations, filing the judgement, execution procedure, petitions to strike and open the judgement, and issues on appeal. Procedural aspects of filing and challenging the judgement, substantive law, and practical solutions will also be reviewed.
Wholesaling of Real Estate: A Path to Profit or Prison?
There is a “get-rich-quick” fixation with the wholesaling of real estate that has been popularized by so-called investor trainers who lure novices with the message that wealth can be obtained using other people’s money and property. Is wholesaling legal? Yes. Is wholesaling done illegally? Yes. The problems with wholesaling arise from the methods, or schemes, used to accomplish the transactions, which do not always play out legally or ethically. Many self-proclaimed real estate wholesalers rely upon dishonesty to “flip contracts” for profit. Others use fraudulent, even criminal, means to close transactions. This session will present the arguments and counter-arguments regarding the wholesaling of real estate. We will address the civil and criminal aspects of the wholesaling. Most importantly, you will learn how wholesaling can be done legally for profit, and how it is done illegally, leading the perpetrators to prison.
Key Issues in Real Estate Joint Ventures
Ms. Kotzen & Ms. McCormick
This session will address important aspects of real estate joint ventures and related negotiation and drafting considerations, including capital contributions, waterfall structures, preferred equity, tax treatment and more.
Commercial Loan Transactions – The Borrower’s Perspective
This session will review common areas of concern to borrowers in loan documents, including what to do before the loan, information needed to get started, obtaining closing checklist, address loan due diligence and terms to negotiate to help prepare the borrower for loan closing.
Ethics & Social Media - Putting Your Best Face Forward (Ethics)
Mr. Daly & Mr. Franey
This Ethics presentation will engage the audience in an interactive discussion of the ethical pitfalls that lawyers can encounter in connection with social media. The presenters will use a common hypothetical involving real estate and environmental law to analyze ethical issues that implicate the ABA Rules of Professional Responsibility in two scenarios: (1) Twitter feuds between counsel, and (2) the preservation of potentially relevant evidence on social media.
Recorded live in August 2019.