CLE Seminar
Materials
1991
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Fundamentals of Real Estate Taxation - ABA Satellite Seminar - February 14, 1991.
Choice of Entity for Real Estate Investors
Pals at Four: Living with the Regulations
Passive Activity Losses under the Internal Revenue Code of 1986
Limitations on Losses
Like-Kind Exchanges of Real Estate
Real Estate Workouts: Debt Forgiveness and Bankruptcy
IPED - The 1990 National Affordable Housing Act: Prepayment, Preservation and
Other Opportunities for Owners and Developers - February 7-8, 1991, Sheraton Bonaventure
Resort & Spa - Fort Lauderdale, Florida.
Summary of the Cranston-Gonzales National Affordable Housing Act
Outline: Major Cranston-Gonzales National Affordable Housing Act Provisions
Outline: The Low-Income Housing Preservation and Resident Homeownership Act of 1990
Discussion Paper: Summary of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990
National Affordable Housing Act
Prepayment and Preservation
Article: Valuing Convertible Affordable Apartment Properties
Wisconsin Property Tax Update - CLEW - Law School, University of Wisconsin;
University of Wisconsin-Extension - February 1, 1991, February 26, and March 1, 1991.
New Trends in Foreign Investment in U.S. Real Estate - American Bar Association,
Section of Real Property, Probate and Trust Law - Monday, August 6, 1990 - Chicago,
Illinois.
Report on CERCLA Legislation and Rulemaking - Roger D. Schwenke - October 1990.
American Bar Association - Negotiating and Litigating with the Resolution Trust
Corporation - Program Chair: Beverly J. Quail - Chicago, Illinois - Sunday, August 5,
1990.
The Effect of Thrift Receiverships, Conservatorships and FIRREA on Title to Real
Property
Transactions By and With the Resolution Trust Corporation Under the Financial
Institutions Reform, Recovery and Enforcement Act of 1989
Special Defenses in Negotiating and Litigating with the Resolution Trust Corporation
Indoor Pollution: A Tenant's Remedies - Edward Copeland, Chairman - ABA Orlando
Meeting - April 1991.
Agenda - Real Property Committee B-4: Legal Opinions in Real Estate Transactions -
ABA Orlando Meeting - April 19, 1991.
Comparison and analysis of present state reports
Business Law Sections Report (Accord) concerning (i) likely impact on real estate
opinions and (ii) identifying and drafting modifications of Accord to accommodate real
estate transactions
Model Security Interest Opinion
Introductory Article in Probate & Property re Accord
Real Property Programs Volume I - Failed Banks and Thrifts and the Transfer of
Real Estate Interests; Commercial Real Estate Lending - Practice Update; Controlling
Litigation with Boilerplate - Opportunities, Pitfalls and Limitations; Real Property
"Hot Tips" Luncheon - 1991 Spring CLE and Committee Meeting, Orlando, Florida.
Failed Banks and Thrifts and the Transfer of Real Estate Interests
Commercial Real Estate Lending - Practice Update
Controlling Litigation with Boilerplate - Opportunities, Pitfalls and Limitations
Real Property "Hot Tips" Luncheon
Real Property Programs Volume II - FIRREA's and CRA's Mandates for Community
Investment and Affordable Housing; Indoor Environmental Issues Affecting Lease
Obligations; The Changing World of Commercial Landlord's Remedies - Will Landlords Be
Forced to Mitigate Damages; State Land Use Regulations and Development in the 1990's;
Ethics and Professionalism for Real Property and Probate and Trust Practitioners in the
1990's - Spring 1991 CLE and Committee Meeting, Orlando, Florida.
FIRREA's & CRA's Mandates for Community Investment and Affordable Housing
Indoor Environmental Issues Affecting Lease Obligations
The Changing World of Commercial Landlord's Remedies - Will Landlords be Forced to
Mitigate Damages?
State Land Use Regulations and Development in the 1990's
Ethics and Professionalism for Real Property and Probate and Trust Practitioners in
the 1990's
Real Property Programs Volume III - Real Estate Lawyers Workouts: Title Insurance
in the 1990's - Don't Leave Home Without It; Drafting Suggestions for Real Estate
Ownership and Financing Documentation - Addressing the Creditors' Rights Issues;
Non-Recourse Debt Transactions: Negotiating the Limitations on Liability; Real Estate
Practice - From Contracts to Post Closing - 1991 Spring CLE and Committee Meeting,
Orlando, Florida.
Real Estate Lawyers Workouts: Title Insurance in the 1990's - Don't Leave Home
Without It
Drafting Suggestions for Real Estate Ownership and Financing Documentation -
Addressing the Creditors' Rights Issues
Non-Recourse Debt Transactions: Negotiating the Limitations on Liability
Real Estate Practice - From Contracts to Post Closing
Real Estate Legal Opinions: Is there an Accord in Your Future - Program Chair:
William B. Dunn - American Bar Association Annual Meeting, Atlanta, Georgia - Sunday,
August 11, 1991.
ABA Business Law Section Effort for an Accord
Cost Benefit Considerations in Opinion Practice
Knowledge, Its Acquisition and Its Substitutes
Real Estate Transaction Opinions in terms of the Business Law Section Accord
The Remedies of Enforceability Opinion
Express and Implied Opinions
Exceptions and Qualifications
Opinions Concerning Secured Transactions and Security Interests
The Partnership Law Changes Under the Revised Uniform Partnership Act - Program
Moderator: Caryl B. Welborn - American Bar Association Annual Meeting, Atlanta, Georgia -
Sunday, August 11, 1991.
Major Impact Areas of the Revised Uniform Partnership Act
An Overview of the Proposed Revisions of the Uniform Partnership Act
Policy Issues -- Revised Uniform Partnership Act
Three Policy Decisions Animate Revision of Uniform Partnership Act
Presidential Showcase Program: Shelter As A Basic Right? A Challenge for the
Nation's Real Estate Attorneys - Program Co-Chairs: N. Linda Goldstein and David K.Y. Tang
- American Bar Association Annual Meeting, Atlanta, Georgia - Sunday, August 11, 1991.
Government Partnerships in Affordable Housing
Nonprofit Development of Affordable Housing
Financing Housing for Low and Moderate Income
Real Estate Financing Potpourri - Program Moderator: Gary York - American Bar
Association Annual Meeting, Atlanta, Georgia - Monday, August 12, 1991.
Standard Commercial Mortgage Documentation: Paradigm or Pie in the Sky
Lender v. Lender: The Lead Lender's Liability to its Participant
Current Developments in Debtor/Creditor Aspects of Real Property Law
Highlights of the Trust Indenture Reform Act of 1990
Allowance of Default Interest in Bankruptcy - Recent Decisions
Critical Issues of 1991. The Commercial Leasing Roundtable - Program Chair:
Emanuel B. Halper - American Bar Association Annual Meeting, Atlanta, Georgia - Monday,
August 12, 1991.
Presidential Showcase Program: A Shield Against the Storm of Federal and State
Forfeiture of Real and Personal Property: Preserving the Innocent Parties Rights Under the
Bill of Rights and Statutory Law - Program Co-Chairs: Whitney Adams, Sheldon M.
Finkelstein, and Edward E. Sterling - American Bar Association Annual Meeting, Atlanta,
Georgia - Monday, August 12, 1991.
Uncle Sam wants yours: An Overview of Basic Principles of Forfeiture Law and
Innocent-Owner Defenses
Expedited Forfeiture Settlement Policy for Mortgage Holders
State Forfeiture Expansion: The Shape of Things to Come
Lenders' Litigation Strategies in Federal Forfeiture Actions
Forfeiture of Real Property - Responding to Risks of the Owner, Investor, Lender or
Tenant
Prepayment and Yield Maintenance in Bankruptcy - Program Chair: Joseph Philip
Forte - American Bar Association Annual Meeting, Atlanta, Georgia - Monday, August 12,
1991.
Historical Antecedents and Development of Prepayment Privilege
Prepayment Charges in Jeopardy: the Unhappy and Uncertain Legacy of In Re Skyler
Ridge
New Developments in Enforcing Prepayment Charges after an Acceleration of a Mortgage
Loan
"Loss-of-Yield" Prepayment Formulas in Commercial Real Estate Loans
An Overview of Statutory Provisions Relevant to Prepayment and Yield Maintenance
Clauses
State Prepayment Provisions for Residential Mortgage Loans
Special Problems in the Development, Financing and Operation of Mixed-Use Projects
- Program Chair: James A. Rosenstein - American Bar Association Annual Meeting, Atlanta,
Georgia - Tuesday, August 13, 1991.
The Zoning and Municipality Perspective
The Retail Center Purchaser's Perspective
The Ownership Format of a Planned Unit Development
Treacherous Times: Off Record Owner/Lender Risks and Liabilities and the Role of
Title Insurance - Chair: Joyce D. Palomar - American Bar Association Annual Meeting,
Atlanta, Georgia - Sunday, August 11, 1991.
Forfeiture of Real Property - Responding to Risks of the Owner, Investor, Lender or
Tenant
Creditors' Rights and the 1990 Exclusion in ALTA Title Insurance Policies
Title Insurance and Environmental Risks in Real Estate Transactions
Mechanics' Lien Coverage in Title Insurance Policies
Recording and Indexing Risks
Closing Issues and Practices
Continuous Operations Clauses in Shopping Leases - Chair: Patrick A. Randolph -
American Bar Association Annual Meeting, Atlanta, Georgia - Monday, August 12, 1991.
Implied Duty of Continuous Operation
Negotiating Continuous Operations Clauses
Environmental Insurance in Design and Construction Agreements - Presented By: Bill
D. Hines, Senior Vice President, Near North Insurance Brokerage, Inc., Chicago, Illinois -
American Bar Association Annual Meeting, Atlanta, Georgia - Monday, August 12, 1991.
Owner/Designer Insurance Requirements Specimen Insurance Rider
Professional Liability Forms - Insuring Agreement, Exclusions - Pollution &
Asbestos, Amendments - Pollution & Asbestos
Owner/Contractor Insurance Requirements - Specimen Insurance Rider
Commercial General Liability Forms - Exclusion - Pollution, Endorsement - Asbestos
Exclusion, Asbestos Liability Coverage
One Way "Reciprocity" - The Effect of Bankruptcy on Reciprocal Operating
and Easement Agreements - Chair: David H. Fishman - American Bar Association Annual
Meeting, Atlanta, Georgia - Tuesday, August 13, 1991.
One Way "Reciprocity"? - The Effect of Bankruptcy on Reciprocal Operation
and Easement Agreements
Shopping Center REA's are Rejectable Only in their Entirety: A Dead End Argument
The Case for Partial Rejection and Partial Assumption of Reciprocal Easement
Agreements; or Reciprocity only when it Suits a Debtor's Agenda
May all or Portions of a Shopping Center Reciprocal Operating Agreement be Rejected
as an Executory Agreement under Section 365 of the Bankruptcy Code
Death Bed Real Estate: Is Bankruptcy What the Doctor Ordered? - Chair: Hon. Nancy
C. Dreher - American Bar Association Annual Meeting, Atlanta, Georgia - Sunday, August 11,
1991.
Special Issues in Condemnation and Development of Large Mixed-Use Project - Chair:
Kathleen M. Martin - American Bar Association Annual Meeting, Atlanta, Georgia - Sunday,
August 11, 1991.
Alternatives to the Use of Eminent Domain in Public Projects
Condemnation, Environmental Regulations and Valuations
Just Compensation for Outdoor Illuminated Advertising Structures and Billboards in
Condemnation Proceedings
Railroad Rights-of-Way
Special Issues in Drafting the Development Agreement - Mall of America Project
Special Issues in Negotiating the Public/Private Development Agreement
Incentives and Protections for Prospective Purchasers and Operators of Contaminated
Property
Treacherous Times: Off Record Owner/Lender Risks and Liabilities and the Role of
Title Insurance - Chair: Joyce D. Palomar - American Bar Association Annual Meeting,
Atlanta, Georgia - Sunday, August 11, 1991.
The Common Ownership Challenge: Dealing With The Pitfalls and Problem Areas of
Bankruptcy Tort Liability and Insurance - Program Co-Chair: E. Richard Kennedy - American
Bar Association Annual Meeting, Atlanta, Georgia - Sunday, August 11, 1991.
Bankruptcy Issues and the Community Association
Community Associations and Tort Liability
Insurance Issues and the Community Association
Condominium Super Priority Lien-Association Salvation for Lender Damnation -
Program Co-Chairs: Marvin Garfinkel and Gurdon H. Buck - American Bar Association Annual
Meeting, Atlanta, Georgia - Sunday, August 11, 1991.
Alaska's Super Lien
Home Mortgage eligibility requirements: special warranties on condominiums
Super Priority Liens for Community Associations
Super Priority Lien for Common Interest Communities
Collection of Common Charges in Connecticut Common Interest Communities: An Analysis
of the Application of the Superpriority Lien and Related Collection Remedies
The Basis for the Association's Special Lien Priority for Unpaid Assessments under
the Uniform Acts
Letter on Statutory Community Associations Liens Outside Colorado
Prepayment and Yield Maintenance in Bankruptcy - Program Chair: Joseph Philip
Forte - American Bar Association Annual Meeting, Atlanta, Georgia - Monday, August 12,
1991.
Historical Antecedents and Development of Prepayment Privilege
Prepayment Charges in Jeopardy: the Unhappy and Uncertain Legacy of In Re Skyler
Ridge
New Developments in Enforcing Prepayment Charges after an Acceleration of a Mortgage
Loan
"Loss-of-Yield" Prepayment Formulas in Commercial Real Estate Loans
An Overview of Statutory Provisions Relevant to Prepayment and Yield Maintenance
Clauses
State Prepayment Provisions for Residential Mortgage Loans
U.S. Investment in European Real Estate - Program Moderators: Peter A. Gelles and
Timothy L. Dickinson - American Bar Association Annual Meeting, Atlanta, Georgia - Monday,
August 12, 1991.
Role of U.S. Counsel in Representing U.S. Investors in European Real Property
Transactions
A U.S. Overview of the European Communities
A U.S. Macro-Economic Review of European Real Estate Markets
A European Micro-Economic Review of Specific West and East European Real Estate
Markets
Legal Survey: Real Estate Transactions in the UK and the European Community
Legal Survey: Real Estate Related Transactions in Continental Europe
Real Estate Law and Practice in Germany
Let's Make a Deal: The New Motto of the East
Tax and Business Planning Considerations for U.S. Developers and Investors in
European Real Estate
The Messeturm - Facts and Figures
Hotel Development in Eastern Europe - A Case Study: The Warsaw Marriott Hotel
Critical Issues of 1991. The Commercial Leasing Roundtable - Program Chair:
Emanuel B. Halper - American Bar Association Annual Meeting, Atlanta, Georgia - Monday,
August 12, 1991.
Enforceability of Subrogation and Indemnity Clauses - Program Chair: Alan
DiSciullo - American Bar Association Annual Meeting, Atlanta, Georgia - Monday, August 12,
1991.
Subrogation, Indemnification and Exculpation in the Context of Commercial Leases
Property and Liability Insurance in Lease Transactions
Sex, Lies & Subrogation: A Guide through the Shoals of Insurance Liability in
Commercial Leases
Developments in Law and Practice: Express and Implied Representations and
Warranties in Real Estate Transaction - Moderator: M. Melinda Thompson - American Bar
Association Annual Meeting, Atlanta, Georgia - Monday, August 12, 1991.
Buyer's Market Representations and Warranties
Securities Law Liabilities in Real Property Transactions; or Watch Out for the
Disappointed Buyer
Broker Beware - Caveat Interpres
Representations and Warranties in the 1990's - The Seller's Perspective
Continuous Operations Clauses in Shopping Leases - Program Chair: Patrick A.
Randolph - American Bar Association Annual Meeting, Atlanta, Georgia - Monday, August 12,
1991.
Implied Duty of Continuous Operation
Negotiating Continuous Operations Clauses
The New ISO Form of Comprehensive General Liability Insurance and Shopping Center
Leases - Program Chair: Sanford Liebschutz - American Bar Association Annual Meeting,
Atlanta, Georgia - Monday, August 12, 1991.
Real Estate Financing Potpourri - Program Moderator: Gary York - American Bar
Association Annual Meeting, Atlanta, Georgia - Monday, August 12, 1991.
Standard Commercial Mortgage Documentation: Paradigm or Pie in the Sky
Lender v. Lender: The Lead Lender's Liability to its Participant
Current Developments in Debtor/Creditor Aspects of Real Property Law
Highlights of the Trust Indenture Reform Act of 1990
Allowance of Default Interest in Bankruptcy - Recent Decisions
Dealing with Environmental Liabilities in Design and Construction Contract -
Program Chair: Mary J. McElroy - American Bar Association Annual Meeting, Atlanta, Georgia
- Monday, August 12, 1991.
Environmental Concerns in Design and Construction Agreements: The Owners' Viewpoint
Environmental Concerns in Construction Agreements
Presidential Showcase Program - A Shield Against the Storm of Federal and State
Forfeiture of Real and Personal Property: Preserving the Innocent Parties Rights Under the
Bill of Rights and Statutory Law - Program Co-Chairs: Whitney Adams, Sheldon M.
Finkelstein, and Edward E. Sterling - American Bar Association Annual Meeting, Atlanta,
Georgia - Monday, August 12, 1991.
Uncle Sam wants yours: An Overview of Basic Principles of Forfeiture Law and
Innocent-Owner Defenses
Expedited Forfeiture Settlement Policy for Mortgage Holders
State Forfeiture Expansion: The Shape of Things to Come
Lenders' Litigation Strategies in Federal Forfeiture Actions
Forfeiture of Real Property - Responding to Risks of the Owner, Investor, Lender or
Tenant
Environmental Hot Tops Program - Program Chair: I. Leo Motiuk - American Bar
Association Annual Meeting, Atlanta, Georgia - Tuesday, August 13, 1991.
Europe: 1992 is Almost Here - Implications for Environmental Aspects of Corporate and
Real Estate Transactions
Vicarious Corporate Liability for Environmental Matters
Environmental Crimes and the Sentencing Guidelines
One Way "Reciprocity" - The Effect of Bankruptcy on Reciprocal Operating
and Easement Agreements - Program Chair: David H. Fishman - American Bar Association
Annual Meeting, Atlanta, Georgia - Tuesday, August 13, 1991.
One Way "Reciprocity"? - The Effect of Bankruptcy on Reciprocal Operation
and Easement Agreements
Shopping Center REA's are Rejectable Only in their Entirety: A Dead End Argument
The Case for Partial Rejection and Partial Assumption of Reciprocal Easement
Agreements; or Reciprocity only when it Suits a Debtor's Agenda
May all or Portions of a Shopping Center Reciprocal Operating Agreement be Rejected
as an Executory Agreement under Section 365 of the Bankruptcy Code
Stealing the Other Guy's Tenants: Is This Tortious Interference? - Panelists:
Rebecca Fischer and Jonathan Rivin - American Bar Association Annual Meeting, Atlanta,
Georgia - Tuesday, August 13, 1991.
Developments in Securitization - Program Co-Chairs: Daniel J. Homick and Starr L.
Tomscak - American Bar Association Annual Meeting, Atlanta, Georgia - Tuesday, August 13,
1991.
Introduction to Securitization
Latest Business Developments in Securitization:
a. Residential Mortgages
b. Asset-Backed Securities
Latest Regulatory and Litigation Developments
Failed Thrifts and Securitization
a. How well have failed Thrift Securities Performed?
b. RTC Disposition of Assets through Securitization
Miscellaneous
a. Comments on REMIC Regulations
b. Section of Taxation - Legislative Proposal to Expand the REMIC Provisions to Include
Non-Mortgage Assets
The Fair Housing Act: A New Zoning Game for Group Homes, Halfway Houses and
Hospices - Program Chair: Daniel Lauber - American Bar Association Annual Meeting,
Atlanta, Georgia - Tuesday, August 13, 1991.
Ethics and Professionalism from a Real Estate Perspective - Program Chair: Peter
W. Salsich, Jr. - American Bar Association Annual Meeting, Atlanta, Georgia - Tuesday,
August 13, 1991.
Ethical Issues for Real Estate Practitioners - Unrepresented Parties, Opinion letters
and Law Firm Diversification
Competence; Conflict of Interest and Confidentiality
Excerpts from ABA Model Rules of Professional Conduct
Excerpts from ABA Model Code of Professional Responsibility Including Disciplinary
Rules
Special Problems in the Development, Financing and Operation of Mixed-Use Projects
- Program Chair: James A. Rosenstein - American Bar Association Annual Meeting, Atlanta,
Georgia - Tuesday, August 13, 1991.
The Zoning and Municipality Perspective
The Retail Center Purchaser's Perspective
The Ownership Format of a Planned Unit Development
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