CLE Seminar
Materials
1990
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Lawyers Title Seminar Materials - 1990.
Introduction to Securitization of Mortgages (2 copies) - American Bar
Association, Section of Real Property, Probate and Trust Law - 1990 Spring Meeting -
Orlando, Florida.
Real Property Programs - Volume I - American Bar Association, Section of
Real Property, Probate and Trust Law - 1990 Spring Meeting - Orlando, Florida.
The Evolution of Community Association Transition from Developer to Unit Control;
Foreign Investment in U.S. Real Estate: What You Need to Know for the 1990's.
Real Property Programs - Volume II - American Bar Association, Section of
Real Property, Probate and Trust Law - 1990 Spring Meeting - Orlando, Florida.
Lender Liability Development and Current Strategies to Limit Lender Liability;
Drafting and Enforcing Expense and Tax Allocation in Leases of Mixed Use Buildings;
Environmental Risks for Trustees and Fiduciaries;
Pension Fund Investment in U.S. Real Estate;
Drafting, Utilizing and Preserving Guarantees in Commercial Real Estate Transactions
and Workouts.
Introduction to Securitization of Mortgages - American Bar Association,
Section of Real Property, Probate and Trust Law - 1990 Spring Meeting - Orlando, Florida.
Relationship of Insurance Considerations to Provisions of Construction and
Design Documents - American Bar Association, Section of Real Property, Probate and
Trust Law - 1990 Spring Meeting - Orlando, Florida.
Pension Fund Investment in U.S. Real Estate (Supplement) (2 copies) -
American Bar Association, Section of Real Property, Probate and Trust Law - 1990 Spring
Meeting - Orlando, Florida.
Prudent Man Analysis of the Pension Fund Trustee as Seller or Buyer of Real Estate
Purchase and Sale Representations and Warranties
Separate Environmental Representations on Sale/Purchase
Partnership Provisions Covering ERISA, UBTI and Hazardous Materials
Indemnification by Buyer
Limitation of Liability
"Hot Tips" Breakfast: The Latest Developments in Real Estate Law
(2 copies) - American Bar Association, Section of Real Property, Probate and Trust Law -
1990 Spring Meeting - Orlando, Florida.
New Jersey's Environmental Cleanup Responsibility Act: Past Problems, Present
Policies, Future Trends
Risks of Contingent Interest
Revised Uniform Partnership Act
The Business Side of Tax Credits: Financing and Processing 1990 Low-Income
Deals - IPED Seminar - Co-Chairmen: Charles L. Edson and Richard S. Goldstein -
May 21, 1990 - Atlanta, Georgia.
Outline of Remarks: A Basic Tax Credit Walk-Through
Memorandum: Recent Legislation Extending and Modifying the Low-Income Housing Tax
Credit
Chart: Summary of Extension and Other 1989 Amendments to Low-Income Housing Tax
Credit
IRC Section 42: Low-Income Housing Credit Including Effective Dates and Related
Provisions
Tax Credit Extension: Revenue Provisions of Conference Agreement on H.R. 3299
(Omnibus Budget Reconciliation Act of 1989)
Statement of Managers on Revenue Provisions of Conference Agreement on H.R. 3299
Excerpt: General Explanation of Tax Reform Act of 1986
Internal Revenue Code: Tax-Exempt Bond Financing of Multifamily Housing
Internal Revenue Code: At-Risk Rules
Internal Revenue Service Temporary Regulations: Low-Income Housing Credit
Internal Revenue Service Notice 88-80: Income Determination
Internal Revenue Service Advance Notice 88-91: Definition of a Building
Internal Revenue Service Advance Notice 88-116: Placement in Service
Internal Revenue Service Advance Notice 89-1: Election of Percentage Month; Carryover
of Post-1987 Dollars
Internal Revenue Advance Notice 89-6: Utility Allowance; General Public Use
Internal Revenue Service Advance Revenue Procedure 89-12: Classification as a
Partnership
Internal Revenue Service Advance Revenue Ruling 90-41: Applicable Federal Interest
Rates for May, 1990
IRS Form 8586: Low-Income Housing Credit
IRS Form 8609: Low-Income Housing Credit Allocation Certification
Schedule A of IRS Form 8609: Annual Statement
Below-Market Federal Loan (December 30, 1987)
HUD Placement in Service (May 27, 1988)
Determination of Eligible Basis (November 4, 1988)
Leasing Cooperatives (July 13, 1989)
Definition of Binding Commitment (July 14, 1989)
Placement in Service (August 2, 1989)
Non-Profit Buyout of General Partner (Undated)
Credit Allocation, Project Evaluation and Extended Use
a. Overview: The Allocation Process
b. Maine State Housing Authority Overview: The Qualified Allocation Plan
c. Missouri's Tax Credit Allocation Plan
d. Missouri Land Use Restriction Agreement for Low-Income Housing Tax Credits
e. Sample Development Pro Forma: Rhode Island Housing and Mortgage Finance Corporation
f. Georgia Residential Finance Authority 1990 Allocation Plan
Table: Sample Debt/Equity Model
Federal National Mortgage Association Materials:
a. Overview: Multifamily Finance and Housing Initiatives
b. DUS Lender Memo #31 Suspending Memo #17 for 1990 Tax Credit Projects
c. DUS Lender Memo #17 for Deals Involving Tax Credits
d. Statement on Forward Commitments
e. Article: "FNMA Issues First Forward Commitment Under Delegated Underwriting
Program"
f. Guidelines for Low-Income Rental Housing Equity Investments
g. Low- and Moderate-Income Housing Initiatives
Use of the Low-Income Housing Tax Credit by The Enterprise Social Investment
Corporation
Article: "Low-Income Housing: Doing Good and Doing Well"
ABA Real Property Commercial Leasing Binder.
Representing Real Estate Interests in Bankruptcy Reorganizations - June 7,
1990.
Modern Real Estate Transactions - ALI-ABA Course of Study Materials - June
18-22, 1990 - Madison, Wisconsin - Volumes 1, 2, and 3 (2 sets).
Rent, Pass-Throughs and Escalations - An Overview
Selected Leasing Issues
Sample Lease Agreement
Office Building Lease
An Introduction to Shopping Center Leases
Rider to Lease Agreement
Percentage Rental
Site Plan Issues and Common Area Provisions
Operating Covenants, Use Clauses, Exclusives and Radius Restrictions
Assignment and Subleasing
The Lender's View of Leases and Non-Disturbance, Subordination and Attornment
Agreements
Primer Remedies for Landlord Defaults
Work Letters
Commercial Leases: Insurance, Casualty and Restoration
What Every Lawyer Should Know About Property Insurance and Has Always Been Afraid to
Ask
Selected Issues in the Preparation and Negotiation of Mortgage Loan Documents
Loan Commitments - A Legal and Practical Analysis
Real Estate Financing Shows Dramatic Trends
An Introduction to Ground Leases
Credit Enhancement - Recent Developments Involving Guarantees
Sophisticated Real Estate Financing Techniques Used in the United States - U.S.
Federal Income Tax Consequences
Joint Ventures - A Progression
Title Insurance
The Real Estate Joint Venture
Participating Financing and Convertible Mortgages
Purchase and Sale of Real Property
Purchase and Sale Agreements: Sample Provisions
Letters of Credit in Real Estate Transactions
Overview of Chapter 11 of the Bankruptcy Code
Commencement of a Bankruptcy Case
Plans of Reorganization
Executory Contracts and Unexpired Leases in Bankruptcy
Real Estate Transactions and Professional Responsibility
The Institutional Investor's Perspective: Guidelines and Strategies for Lending and
Investing under Current Environmental Laws
EPA Final Rule on Reporting Hazardous Substance Activity when selling or transferring
Federal Real Property
Tainted Property: Hazardous Substances, Hazardous Waste and Asbestos in Real Property
Transactions
Some Contractual Mechanisms for Dealing with Contaminated Property
Real Estate Acquisition, Development and Disposition from the Developer's Perspective
The Contaminated Property Transaction - Innovative Approaches to Making the
Deal Work - Program Chair: I. Leo Motiuk - American Bar Association, Section of
Real Property, Probate and Trust Law - Chicago, Illinois - Sunday, August 5, 1990.
Incentives and Protections Available to Prospective Owners and Operators of
Contaminated Property
Public/Private Cooperation in the Development of Contaminated Properties
Help for Bystanders - New MCA Policy Helps Landowners
Keeping Contaminated Properties in Commerce
From Flyash to Flyballs: Anatomy of a Superfund Cleanup - Lease Agreement
United States v. Fleet Factors
Lender Liability under CERCLA: Search for a Safe Harbor
Bankruptcy Law and Environmental Law: Key Issues
Legal Aspects of the Decommissioning Process
Editorial on Innocent Landowner Defense
The Blessed State of Innocence: The Innocent Defense under Superfund
National Effort Underway to Develop Standards for Due Diligence in Commercial
Transactions
Standards for Environmental Assessment of Commercial Real Estate Transactions -
American Society for Testing and Materials
Negotiating Environmental Consulting Contracts
The Conveyancing of a Contaminated Property: Suggestions for Alternative Solutions
Sample Contractual Provisions
Coping with Environmental Risks
Sample Language Regarding Agreement of Purchase and Sale
Environmental Language in Business Transfer Agreements
Emerging Remedial Technologies
Jaws II: Civil and Criminal Forfeiture of Real Property (Just When You Thought
It Was Safe To Go Back Into the Environment) - Program Chair: Edward E. Sterling -
American Bar Association, Section of Real Property, Probate and Trust Law - Chicago,
Illinois - Sunday, August 5, 1990.
Civil and Criminal Forfeiture of Real Property
Civil and Criminal Forfeiture of Real Property: The Lender's Response
The "Relation Back Doctrine" and "Innocent Owner Defense" Under
21 U.S.C. Section 881
Title Insurance Considerations Under RICO
Complying with the Fair Housing Amendment Act in New Real Estate Developments
- Moderator: Jeffrey A. Supowit - American Bar Association, Section of Real Property,
Probate and Trust Law - Chicago, Illinois - Sunday, August 5, 1990.
An Introduction to the Fair Housing Amendments Act of 1988
Design Requirements of the 1988 Fair Housing Amendments Act
The Handicapped Accessibility Requirements under the Fair Housing Amendments Act of
1988
Planning Considerations for Condominium Developers
Federal Fair Housing Amendments Act of 1988 (Housing for Older Persons)
Lender Issues under the Fair Housing Amendments Act of 1988 - Pitfalls for the Unwary
Enforcement Provisions under the Act
Must the Child Move? Seniors, Retirees want to know
New Trends in Foreign Investment in U.S. Real Estate - Program Chair: Gary
A. Goodman - American Bar Association, Section of Real Property, Probate and Trust Law -
Chicago, Illinois - Monday, August 6, 1990.
Chapter 14: Alternatives to Direct Investment in U.S. Real Estate Under the Portfolio
Interest Exemption
Background and Issues Relating to the Taxation of Foreign Investment in the United
States
Actual Comments before the House Ways & Means Committee
Post-1989 Tax Planning for Foreign Direct Investment in the United States: The Era of
the Non-Corporate Vehicle?
HR 4308, "Foreign Tax Equity Act of 1990"
Federal Preemption of State Residential Usury Laws: Ten Years Later -
Program Chair: Joseph P. Forte - American Bar Association, Section of Real Property,
Probate and Trust Law - Chicago, Illinois - Monday, August 6, 1990.
Federal Usury Preemption: An Overview
Summary of State Override Statues
Current Case Developments
The Challenge to Federal Usury Preemption Federal Usury Law Developments
Uniform Land Security Interest Act
Financing Infrastructure: Does the Road Toll for You? - Program Chair: Ann
E. Houle - American Bar Association, Section of Real Property, Probate and Trust Law -
Chicago, Illinois - Monday, August 6, 1990.
A Primer on Acceptable Development Fees
Real Estate Developers' Linkage Fees: Reasonable Requirement or Extortion?
Financing Infrastructure: One State's Perspective
Staff Analysis and Economic Impact Statement for Bill #CS/HB 1983 Relating to Toll
Roadways (Florida)
Impact Fees - Are They Here to Stay?
Public Improvements and Private Developments
Equity and Cash Flow Participations by Tenants - Program Chair: Kenneth L.
Samuelson - American Bar Association, Section of Real Property, Probate and Trust Law -
Chicago, Illinois - Monday, August 6, 1990. (2 copies)
Participation by Tenants under Space Leases
Participating Lease
Tenant Equity Participations in Leases: Negotiating the Basic Terms
Issues Arising from Landlord's and Tenant's Conflicting Interests
Equity and Cash Flow Participation by Tenants
Attorney Overboard: Protecting the Tenant's Equity Participation
Particular Issues which arise for Tenants
Equity Participation by a Tenant: Specific Landlord Concerns
Bankruptcy Treatment of Participations by Tenants under Space Leases
Real Estate Financing Potpourri - Program Chair: Gary York - American Bar
Association, Section of Real Property, Probate and Trust Law - Chicago, Illinois - Monday,
August 6, 1990.
Lender Liability in Real Estate
What Every Lender's Counsel Should Know About Insurance and Insurance Clauses
Realty Paper, Real Estate Interests and the Uniform Commercial Code
Lender's Due Diligence in Commercial Real Estate Financing
Recent Developments in Mortgage Securitization
Mortgage Foreclosures: Pre Bankruptcy - Program Chair: Patrick A. Randolph
- American Bar Association, Section of Real Property, Probate and Trust Law - Chicago,
Illinois - Monday, August 6, 1990.
Considerations: Before a Bankruptcy is Filed
a. Avoidable Transfers: Preferences - ' 547
b. Avoidable Transfers: Fraudulent Conveyances ' 548
c. Trustee's General Avoiding Powers - ' 544
d. Lender Liability
e. Leveraged Buyouts
Considerations: When a Bankruptcy is Filed
a. Automatic Stay - ' 362(a)
b. Use, Sale or Lease of Property - ' 363
Considerations: The Bankruptcy Proceeding
a. Appointment of a Trustee or Examiner
b. Leases and Executory Contracts - ' 365
c. Exclusive Period - ' 1121
d. Plan of Reorganization: Classification and Treatment - ' 1123
e. Plan of Reorganization: Confirmation - '
1129(a)
f. Plan of Reorganization: Cram Down - '
1129(b)
g. Plan of Reorganization: The ' 1111(b)
Election
Commercial Leasing Critical Issue Roundtables - Program Chair: Emanuel B.
Halper - American Bar Association, Section of Real Property, Probate and Trust Law -
Chicago, Illinois - Tuesday, August 7, 1990.
Rent Adjustment
Indoor Pollution
Insurance
Tenants' Remedies
Outdoor Pollution
Assignment and Subletting
Landlord Remedies
Use, Exclusive and Radius Clauses
Subrogation and Indemnity Clauses
Fourth Annual Construction and Practice Potpourri - Program Chair: Gerald
Hoenig - American Bar Association, Section of Real Property, Probate and Trust Law -
Chicago, Illinois - Tuesday, August 7, 1990. (2 copies)
Risk and the Construction Manager A Continuing Development
Pass Through and Liquidation Agreements The Subcontractors Point of View
Concerns When Drafting and Reviewing Design and Construction Documents - The
Perspective of the Contractor
a. AIA Document A-201 General Conditions Summaries of the Provisions Regarding I.
Contract Notice Requirements, II. Shop Drawings and Submittals and III. Construction Claim
Procedures
The Owner-Architect's Relationship: From the Architect's Perspective
Owner's Concerns When Drafting and Reviewing Design and Construction Contracts -
Introduction
a. Controlling Costs on Construction Projects: Addressing the Concerns of the Owner
Negotiated Warranty Provisions for General Conditions (AIA Form A201)
The Owner's Contract Remedies - Bonds
Real Estate Brokerage Law - Program Chair: Charles J. Jacobus - American
Bar Association, Section of Real Property, Probate and Trust Law - Chicago, Illinois -
Tuesday, August 7, 1990.
1990 Title Handbook - Ticor Title Insurance.
Commercial Securitization - Program Chair: Daniel J. Homick - American Bar
Association, Section of Real Property, Probate and Trust Law - Chicago, Illinois -
Tuesday, August 7, 1990.
What's Happening on Wall Street with Commercial Securitization?
a. Mortgage Securitization
b. Asset Backed Securitization
How are Leases Securitized?
a. Legal Aspects of Lease Securitization
b. Commercial Securitization: Securitization of Leases
Has Securitization Spread to Europe?
a. U.S. Aspects of Eurobond Financing by Partnerships
b. Europeans Look to Create European Securitized Products
Miscellaneous
a. Duff & Phelps Rating Criteria for Commercial Real Estate Securities, Health Care
Properties and Hospitality Properties
b. MBA Commercial Real Estate Finance List of Securitized Commercial Mortgages
Where Do We Get the Money? New Trends in Public/Private Approaches to the Cost
of Infrastructure Development and Environmental Cleanup - Program Chair: Gordon H.
Glenn - American Bar Association, Section of Real Property, Probate and Trust Law -
Chicago, Illinois - Tuesday, August 7, 1990.
Financing Infrastructure in California Mello-Roos Community Facilities Districts
Public/Private Cooperation in the Development of Contaminated Properties
Financing & Privatization
Critical Trends in Land Transactions - Moderators: H. Bishop Dansby
and Flora Schnall - American Bar Association, Section of Real Property, Probate and Trust
Law - Chicago, Illinois - Tuesday, August 7, 1990.
Joint ABA/OBA/OCU T.E.S. Resource Center Project Interim Results of Survey, May 21,
1990
Real Estate Brokerage
The New Restatement of the Law Third Property - Servitudes The Time has come
Requirements of the Secondary Mortgage Market for Mortgage Loan Surveys
Equity and Cash Flow Participations by Tenants - Program Chair: Kenneth L.
Samuelson - American Bar Association, Section of Real Property, Probate and Trust Law -
Chicago, Illinois - Monday, August 6, 1990.
State Regulation of Out of State Land Sales - Program Chair: Bruce B. May -
American Bar Association, Section of Real Property, Probate and Trust Law - Chicago,
Illinois - Monday, August 6, 1990.
Mortgage Foreclosures: Pre Bankruptcy - Program Chair: Patrick A. Randolph
- American Bar Association, Section of Real Property, Probate and Trust Law - Chicago,
Illinois - Monday, August 6, 1990.
Considerations: Before a Bankruptcy is Filed
a. Avoidable Transfers: Preferences - ' 547
b. Avoidable Transfers: Fraudulent Conveyances - ' 548
c. Trustee's General Avoiding Powers - ' 544
d. Lender Liability
e. Leveraged Buyouts
Financing Infrastructure: Does the Road Toll for You? - Program Chair: Ann
E. Houle - American Bar Association, Section of Real Property, Probate and Trust Law -
Chicago, Illinois - Monday, August 6, 1990.
Real Estate Financing Potpourri - Program Chair: Gary York - American Bar
Association, Section of Real Property, Probate and Trust Law - Chicago, Illinois - Monday,
August 6, 1990.
Federal Preemption of State Residential Usury Laws: Ten Years Later -
Program Chair: Joseph P. Forte - American Bar Association, Section of Real Property,
Probate and Trust Law - Chicago, Illinois - Monday, August 6, 1990.
Jaws II: Civil and Criminal Forfeiture of Real Property (Just When You Thought
It Was Safe To Go Back Into the Environment) - Program Chair: Edward E. Sterling -
American Bar Association, Section of Real Property, Probate and Trust Law - Chicago,
Illinois - Sunday, August 5, 1990.
The Contaminated Property Transaction Innovative Approaches to Making the Deal
Work - Program Chair: I. Leo Motiuk - American Bar Association, Section of Real
Property, Probate and Trust Law - Chicago, Illinois - Sunday, August 5, 1990.
Practice Management: Computerizing Your Real Estate Practice - Program
Chair: Ann E. Houle - American Bar Association, Section of Real Property, Probate and
Trust Law - Chicago, Illinois - Sunday, August 5, 1990.
Complying with the Fair Housing Amendment Act in New Real Estate Developments
- Moderator: Jeffrey A. Supowit - American Bar Association, Section of Real Property,
Probate and Trust Law - Chicago, Illinois - Sunday, August 5, 1990.
Condemnation Law Potpourri - Program Chair: Alan T. Ackerman - American Bar
Association, Section of Real Property, Probate and Trust Law - Chicago, Illinois - Sunday,
August 5, 1990.
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