Previous Events & CLE Programs
April 4, 2008
CLE Program
Equity Financing for Low Income Housing Tax Credit Projects
Sponsored by:
Affordable Housing Committee
This program will provide participants with an overview of the basic legal structure of low-income housing tax credit projects while offering first-hand insight into the principal business considerations of its investors and developers. A syndicator, developer’s consultant and their respective counsel will discuss salient deal terms and supporting documentation for tax credit equity financing.
Click here for complete program description.
February 27, 2008
CLE Program
Residential Purchase and Sale Agreements
Sponsors
New Lawyers Section
Real Estate Law Section
Stephen D. Silveri, of the Law Office of Stephen D. Silveri, will provide a paragraph-by-paragraph explanation of the standard form Purchase and Sale Agreement, examining what each means. He will also explain critical modifications that must be made depending on the transaction in order to protect both buyer and seller clients. This program is essential for the new associate, or anyone who is unfamiliar with residential real estate transactions and interested in gaining a better understanding.
Click here for complete program description.
February 13, 2008
CLE Program
Green Building: Regulatory Trends & Legal Strategies
Sponsors
Environmental Law Section
Real Estate Law Section
This program will provide an overview for attorneys counseling clients who are considering building a green building. The panelists will discuss the LEED certification standards, state and local incentives and rules to support green building, unique liability issues that arise with green building projects, and how green building developments fit into land use practice. At the end of the program, attendees will have a better understanding of how advise clients in this emerging field.
Click here for complete program description.
January 28, 2008
Real Estate Legislation & Public Policy Committee
Homestead Moves Toward the Finish Line
Homestead moves towards the finish line. We will discuss the proposed draft reflecting the joint efforts of BBA and REBA that should result in modernization of the Homestead law, hopefully during this session of the Legislature
January 16, 2008
CLE Program
Fighting Predatory Lending in the Trenches:
Beyond Basic Training
Sponsors
Bankruptcy Law Section
Real Estate Section
The press and the courts are full of stories about rapidly rising mortgage defaults and foreclosure actions which may be the result of predatory lending and loan servicing abuses. There is an urgent need for counsel equipped with the ability to identify legal issues and bring claims that arise from defaults under the numerous exotic mortgage loan products that consumers are in now. Counsel must be able to implement the powerful remedies available to combat abusive actions alleged by lenders and mortgage brokers.
Learn how to identify and implement the available causes of action including rescission under the Truth in Lending Act, how to determine the coverage triggers in the Home Ownership and Equity Protection Act, how to address claims resulting from alleged violations of consumer protection statutes, as well as other important remedies available under state and federal laws.
Click here for complete program description
November 26, 2007
Real Estate Legislation & Public Policy Committee
Status of the Homestead Bill
Join us for this important meeting, at which we will be discussing the status of BBA’s Homstead bill and coordination with REBA’s separately filed. We will discuss the choices presented with regards to modifications that could make homestead modernization more likely.estate.
September 24, 2007
Real Estate Legislation & Public Policy Committee
Roundtable Discussion
Join us to discuss the year's agenda, including the proposed new initiatives into fostering inquiry and debate concerning the leading public policy issues affecting real estate.
June 20 , 2007
Real Estate Legislation & Public Policy Committee
Join us as we review the status of pending litigation and wrap up discussion for this year.
June 20 , 2007
CLE Program
Construction Law Update: Contractor Bankruptcy
Sponsors
Real Estate Section
Bankruptcy Section
Litigation Section
This year’s annual construction law update will provide a “nuts and bolts” overview from the perspectives of the owner, contractor and subcontractor. Panelists will offer valuable insight into the issue of "The Contractor Files for Bankruptcy: What Happens Next?" They will examine what happens after the contractor files for bankruptcy protection, including, how the project is funded and completed and how the parties working on the project are paid. The panelists will address the impacts of a contractor bankruptcy from the perspectives of the owner, contractor, subcontractor and surety. The program will also include some bankruptcy basics, including a discussion of preference issues that every lawyer in this field should know.
Click here for complete program description.
May 9, 2007
Section Meeting
Don't Mess Around with the Collateral: A Cautionary Tale
Sponsors
Commercial Finance Committee
Corporate Law Committee
Real Estate Section
Bruce Falby, a partner at DLA Piper US LLP will present on a recent case decided by Judge Young, Blue Hills Office Park LLC v. JP Morgan Bank as Trustee, et al. This is the first reported decision in the nation enforcing so-called "bad boy" carve-outs in a nonrecourse securitized loan. The borrower's undisclosed and unconsented-to transfer of the $2 million settlement proceeds of a zoning appeal led to a $17.5 million full recourse judgment against the borrower and its individual guarantors, not merely restitution of the $2 million. For this, and other reasons that Bruce will discuss, the case provides a cautionary tale for borrowers and their counsel tempted to take aggressive positions with collateral assuming that if challenged they will be able to negotiate a work out and escape the day of judgment.
April 26, 2007
CLE Program
Integrating Real Estate and Estate Planning Practice
Sponsors
Real Estate Section
Trusts & Estates Section
Attend this seminar to learn basic estate preservation techniques from the perspective of both the real estate attorney and the estate planner. As the population of the Commonwealth ages, the need to understand the conventions of Real Estate and Estate Planning practice is increasingly important for practitioners in both areas.
The panel of speakers is especially qualified to offer insights into the not-so-seamless web of these two practice areas, particularly as they relate to real estate transactions.
Click here for complete program description
April 18, 2007
Legislation & Public Policy Committee
Join us as we continue our discussion of the proposed Statutory Housing Covenants bill filed with this legislative session.
March 21, 2007
Legislation & Public Policy Committee
Join us as we consider REBA’s proposal to the legislature that the estate of homestead in general be automatically subordinate to mortgages in light of the language in the present BBA bill providing more limited automatic subordination. At issue is whether to modify the BBA’s bill or to respond to the legislature why BBA’s present proposal should be favored over REBA’s.
Prompt action being necessary, this is probably the only meeting at which this issue will be discussed.
March 8, 2007
CLE Program
An Overview of Bond Financing for Affordable Housing Projects
This seminar will provide an overview of the important role bond financing plays in the development and financing of affordable housing projects. Panelists will explain how bonds work and the role of issuers, underwriters, rating agencies and other parties.& Attendees will learn the differences between taxable and tax-exempt bonds and the issues that determine which type of bond financing is appropriate for a given project. As tax credits are a typical funding source in bond-financed projects, the seminar will also give an overview of the two types of tax credits available.
February 21, 2007
Real Estate Legislation Committee
Please join the Real Estate Legislation Committee as it begins consideration of a new concept that would create in the General Laws a conveyancing foundation for owner-occupied housing whose use is restricted to persons and families of modest means. This includes a structure of statutory housing covenant, statutory housing conditions and statutory housing power of sale (analogous to those for mortgages).
A decade ago this market was the province of a few subsidy providers working through housing restrictions based entirely in contract, but today the expansion of 40B, CPA and related activities have resulted in many new participants. This raises the question whether it is time for the law to respond by offering the statutory underpinnings mortgagees have been offered for nearly 100 years.
Click here for a copy of the proposed legislation, presently identified as Senate Docket #1692, as well as an accompanying Summary and Fact Sheet.
February 2, 2007
CLE Program
Recent Developments in Land Use Permitting
Sponsors
Environmental Law Section
Real Estate Section
Permit streamlining legislation and the implementation of the endangered species regulations have had a profound impact on the development permitting process. Attend this program to learn how the implementation of these changes will affect specific development projects. This program is designed for land use attorneys and their developer and municipal clients.
Click here for complete program description
January 17, 2007
Public Policy Committee Meeting
New Public Policy Initiatives Regarding Housing
The Real Estate Public Policy Committee will introduce two new legislative initiatives at its January 17 meeting to discuss the pros and cons of pursuing BBA wide support of the bills.
One proposes amendments to Sections 5 and 6 of Chapter 183A. These amendments would change 183A to state clearly the choices a declarant can make as to how percentage interests can be established and how common expenses can be allocated in mixed income housing where some units are sold at less than market prices subject to an affordable housing restriction. This legislation is intended to allow more equitable structuring of increasingly complex situations, free of legal uncertainty.
The other bill proposes a new structure of statutory housing covenants, on a statutory housing condition with a statutory housing power of sale, to create a legal baseline for housing restrictions in a manner analogous to the baseline established for mortgages in Chapter 183, Sections 17, 18 and 19 . This legislation would allow housing restrictions, which are now entirely contractual, to share a common core structure based in statutory provisions with whatever contractual provisions overlaying as the parties desire, as mortgages have for nearly a century.
Both of these proposals have the potential to flow into the Governor's announced priority for housing in Massachusetts. Each of these proposed bills is being filed by Citizens Housing and Planning Association, the long term leading advocate for affordable housing in Massachusetts.
Join the discussion at the Commitee's January 17 meeting if you are interested in participating in the discussion.
You can email Peter Farrow at pfarrow@peterbfarrow.com for copies of the proposed legislation.
November 15, 2006
Public Policy Committee Meeting
The committee will review and confirm what previously filed legislation will be re-filed for the upcoming Legislative session and continue discussion of new projects.
October 18, 2006
Legislative Committee Meeting
Join us to discuss which of our previously submitted bills should be resubmitted to the next session of the Legislature, and to continue our discussion of new projects.
September 20, 2006
Legislative Committee Meeting
Join us as we kick off the 2006-2007 program year. Items on the agenda include:
- Status of our pending Homestead bill
- Position on the proposed Statutory Housing Covenants bill
- Goals for the upcoming year
June 21, 2006
Legislative Committee Meeting
Roundtable Discussion
Join us for an update on the status of pending legislation, including the Homestead Bill. We will also use this time to discuss plans for next year, including the proposal for a structure for affordable housing covenants analogous to that for mortgages.
June 16, 2006
CLE Program
The Construction Process: 360° View
Sponsored by: Litigation Section and Real Estate Section
Full program description
This program will provide a “nuts and bolts” overview of the construction process from the perspectives of an experienced developer, lender, lender’s consultant and counsel to a lender. The panel will offer valuable insight into what makes a construction project successful, from the viewpoint of each party.
May 17, 2006
Legislative Committee Meeting
Join us to discuss a proposal to create a statutory structure for affordable housing obligations between a homeowner and the holder of the housing restriction analogous to that for mortgage obligations between a homeowner and a mortgagee.
May 16, 2006
CLE Program
Redeveloping Brownfields
Full program description
While brownfields offer many opportunities for redevelopment, the realities of how to buy, sell, finance and redevelop these properties, all while managing a cleanup and liability risk, are still a mystery to many. By attending this program you will learn the latest developments in brownfields transactions, including real examples of projects that are getting built today.
May 11, 2006
CLE Program
Real Estate Financing Topics We All Avoid: Insurance, Title Insurance, Bankruptcy, and Mechanic’s Liens
Full program description
This program, designed for attorneys practicing in commercial real estate, will provide insight and guidance on some of the common pitfalls and “traps for the unwary” that lawyers sometimes ignore at their own peril when negotiating and closing real estate loans. The seminar will address insurance, title insurance, bankruptcy and mechanic’s liens, and will provide you with the skills and knowledge needed in order to deal with these hazards effectively.
April 19, 2006
Legislative Committee Meeting
Homestead Update
Join us for a discussion regarding the status of the Homestead Bill. The discussion will focus on two new initiatives:
- Amending of Chapter 183A Section 6 regarding determination of percentage interest; and
- Introduction into the General Laws under Chapter 183, accompanied by a new Chapter 244A, the concept of Statutory Housing Covenants.
February 22, 2006
Legislative Committee Meeting
Homestead Update
Join us for further discussion on the progress of the proposed Homestead legislation. We will finalize our discussions with REBA that are resulting in modifications to the text in order to clarify and expand the intent of the legislation.
This is an important meeting for those interested in the Homestead bill.
February 15, 2006
Legislative Committee Meeting
Homestead Update
Join us for a discussion on the progress of the proposed Homestead legislation, including a report on testimony to be given February 14 th to the legislature. We will also give an update on the discussions with REBA that are resulting in modifications to the text in order to clarify and expand the intent of the legislation.
This is an important meeting for those interested in the Homestead bill.
February 1, 2006
CLE Program
Affordable Housing Deals: What Makes Them Unique
Full Program Description
Affordable housing deals present unique issues relating to public policy concerns, regulatory matters, and the relationship between multiple public and private funding sources. Attendees will learn how to approach these issues in order to ensure efficient and effective closings.
November 18, 2005
CLE Program
Operating Expenses: Surviving and Audit
Full Program Description
This advanced, hands-on seminar will provide you with a comprehensive look at “Operating Expenses” – beginning in the drafting stage, through the negotiation process and, finally, looking at the rights of the parties in connection with an audit and possible formal legal action.
November 16, 2005
Legislative Committee Meeting
oin us for a discussion on the proposed amendment to Chapter 183A regarding determination of percentage interest.
Click here to read the proposed amendment.
November 8, 2005
CLE Program
Kelo vs. New London: What it means for Massachusetts
Full Program Description
Following the recent controversial Supreme Court decision in Kelo vs. New London, which sanctioned the right of the government to take private property by eminent domain for economic development, this program will explore its impact for attorneys practicing in Massachusetts.
September 21, 2005
Legislative Committee Meeting
The Real Estate Legislation Committee will discuss the status of pending legislation, chiefly homestead, as well as possible new projects. Please bring your ideas.
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