Committees
Section of Real Property, Probate, and Trust Law
Real Property Committees > Real Estate Financing


Legal Opinions in Real Estate Transactions
Real Estate Financing
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Mission:
This committee is involved with all aspects of legal opinions in real estate transactions. The committee has a number of current and past projects to assist the real estate bar in opinion practice. Our most recent effort involved a joint project with the ACREL Legal Opinions Committee to develop guidelines for rendering legal opinions in real estate transactions. The Guidelines are available on the left of this page. Two additional significant accomplishments of the committee are the Inclusive Real Estate Secured Transaction Opinion and the Report on Adaptation of the Legal Opinion Accord of the Section of Business Law of the American Bar Association for Real Estate Secured Transactions.
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The recent ABA legal opinions committee and securities law opinions subcommittee reports and the recent TriBar reports are now available at a Legal Opinions Resource Center. Law firms and law deparments are encouraged to link their internal websites to this new resource. (4/5)

Real Estate Opinion Letter Guidelines

This committee and our ACREL counterpart have recently developed final guidelines for use in real estate opinions. The ABA Business Law Section recently updated its Guidelines that were first adopted as part of the Accord project, and while the general view is that an Accord type document for real estate transactions is inappropriate at this time, we hope that real estate specific guidelines will improve the opinion process.

Inclusive Real Estate Secured Transaction Opinion (in Adobe .pdf format)
(Download in Microsoft Word)
(View in HTML)

Background and Summary of the Inclusive Real Estate Secured Transaction Opinion
(Download in Microsoft Word)

 

Borrower's Certificate for Inclusive Opinion

A current version of a Borrower's Certificate to support an inclusive opinion can be downloaded.

Personal Property Security Interest Opinions in Real Estate Financing Transactions

A primer on Personal Property Security Interest Opinions in Real Estate Transactions can be downloaded in Adobe .pdf format. Please send any comments to: swillis@cfhlaw.com

If you can't view the document, you may have to download Adobe Acrobat Reader . Click here to do so.

 

Committee Minutes

 

 

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