Previous Events & CLE Programs
April 17, 2008
Committee Meeting
Short Sale for Real Estate Professionals
Join us as we discuss remedies available for mortgagors who cannot meet their debt obligations and thus may need to negotiate a “short” sale. A short sale is a disposition of their real estate collateral for the mortgage loan where the mortgage holder agrees to accept a payment in an amount that is less than the total amount due under the promissory note executed by the mortgage borrower. Although some lenders may seem indifferent to negotiating work outs for residential mortgages, the increase in mortgage defaults and predatory lending/predatory servicing lawsuits may motivate mortgage lenders to work with mortgagors, particularly when the borrower makes an effort to communicate with the lender. This discussion addresses one of the remedies available to a seller in default.
March 20, 2008
Committee Meeting
Affordable Housing Restrictions: What Lenders, Owners and Buyers Need to Know in Advance
In this presentation Laura Pawle, Kopelman and Paige, P.C., will review the current form of affordable housing restriction adopted for use by MassHousing and DHCD, and other forms of affordable housing restrictions in use, with particular attention to the rights and requirements of the property owner, lenders and potential buyers. She will also review the issues that are critical to the holders of affordable housing restrictions, typically a state agency and a municipality.
February 21, 2008
Committee Meeting
Acquisition & Disposition of Municipal Property
Deborah A. Eliason, Beveridge & Diamond, P.C., will discuss the acquisition and disposition of real property by municipalities. She will also address authorization (general and special authorization, who is authorized), exceptions and oddities of municipal real property law.
January 17, 2008
Committee Meeting
Smart Growth Recent Developments Under MGL Chapter 40R
Sponsors
Affordable Housing Committee
Title & Conveyancing Committee
Kathleen O’Donnell of Kopelman and Paige, P.C. and Bert Rodiger of RSM McGladrey Inc. will provide an overview of the issues relevant to projects being developed under Chapter 40R, the Smarth Growth Zoning statute, and they will discuss their experiences with some of the first projects to be developed under this new statutory framework.
December 20, 2007
Committee Meeting
Understanding Deed Restrictions Limiting Exposure to Environmental Contamination
Boyd Allen III, Project Manager/Principal Hydrogeologist, Tetra Tech EC, Inc., and Jeanine Grachuk, Beveridge & Diamond, P.C., will use an example of a site where vapors in soil may migrate into indoor air to discuss why an AUL may be placed on a property as part of a cleanup. They will also discuss why this is important to a future owner of that property. Most of the time will be reserved for questions and answers.
Activity and Use Limitations ("AULs") are deed restrictions designed to limit exposure to environmental contamination remaining after completion of cleanup under state law. ;An AUL may mandate physical barriers to contamination, require active controls, or limit use of the site. A failure to comply with an AUL may result in exposure of people or animals to the residual environmental contamination, and may result in enforcement by the Massachusetts Department of Environmental Protection.
November 15, 2007
Committee Meeting
Petitions to Partition:
Land Court or Probate Court?
Effective January 1, 2003, the Land Court has concurrent jurisdiction over petitions for partitions of real estate. Michael J. Ring will present the considerations that might inform your decision to choose one Court over another and will share practical advice for bringing Partition actions in the Probate and Land Courts.
When is it necessary to file a Petition to Partition? When owners of real property as joint tenants or tenants in common, are involved in disputes as to whether property should be sold or physically divided; when a minority owner holds up a majority owner’s attempt to mortgage or convey; or to account for "ancient interests" of tenants in common.
October 18, 2007
Committee Meeting
Massachusetts Conservation Restrictions: What you should know
Irene Del Bono, Executive Office of Energy and Environmental Affairs, Division of Conservation Services, will discuss the flexibility of Conservation Restrictions (CR) and the EOEEA review process, baselines and monitoring. The discussion will include what is and is not acceptable in an exacted CR and Community Preservation Act CRs, amendments versus dispositions of CRs and the implications of Article 97 of the Amendments to the Massachusetts Constitution.
September 20, 2007
Committee Meeting
Massachusetts Eminent Domain and Takings after Kelo v. New London
James D. Masterman of Greenberg Traurig LLP will discuss the consequences of Kelo vs. New London for Massachusetts planning and urban redevelopment, specifcially Massachusetts eminent domain condemnation law. This case sanctioned the right of the government to take private property by eminent domain for economic development.
June 21, 2007
Committee Meeting
Chapter Land Statutes
Deborah A. Eliason of Beveridge & Diamond, P.C. will discuss the first significant amendments to the so-called Chapter Land statues ("Statutes") in over thirty years which have significant ramifications for all parties involved in these transactions.
The Statutes offer a favorable tax classification for land held and used in accordance with the statutory requirements, that is for forest (Chapter 61), agricultural and horticultural (Chapter 61A), and open space and recreation purposes (Chapter 61B). In return, the municipality in which the land is located obtains a right of first refusal (“ROFR”) exercisable in the event the owner decides to sell or convert the land to a non-Chapter Land use. As the supply of land which is more easily developed dissipates, developers are more frequently buying Chapter Lands (which tend to be larger parcels). The development of these properties poses unique challenges since the municipalities hold a right of first refusal on them.
May 17, 2007
Committee Meeting
The Impact of Bankruptcy on Real Estate Practitioners
Gary Cruickshank, Chapter 7 Trustee, will provide an overview of how the Bankruptcy Court and the Trustee functions and the effect of Bankruptcy on real estate once the debtor files a petition. The discussion will include the Automatic Stay of foreclosure, preferences, exemptions, and when the filing of a G.L.c. 188 Homestead Declaration takes effect.
March 15, 2007
Committee Meeting
Proposed Statutory Affordable Housing Covenants
Sponsors
Affordable Housing Committee
Title & Conveyancing Committee
Peter B. Farrow will introduce and discuss the proposed Statutory Housing Covenants, Statutory Housing Condition, and Statutory Power to Sell. If enacted, these covenants and conditions would be available to developers of affordable housing much like the statutory mortgage covenants and conditions are currently available to lenders. This will be an opportunity to learn and discuss the effect such a proposal will have on owners, lenders, developers and others with an interest in title.
February 22, 2007
Committee Meeting
Residential Purchase and Sale Agreements for the New Associate
Sponsors
New Lawyers Section
Solo & Small Firm Section
Title & Conveyancing Committee
Stephen D. Silveri, Law Office of Stephen D. Silveri, will provide a paragraph-by-paragraph explanation of the standard form Purchase and Sale Agreement as well as critical modifications that must be made in order to protect both buyer and seller clients. This program is targeted toward the new associate, or anyone who is unfamiliar with residential real estate transactions and who is interested in gaining a better understanding.
February 15, 2007
Committee Meeting
Solving Title Problems Using Cloud on Title Cases
Leo W. Bieler, III, Land Court Title Examiner, presents a technical session on clearing clouds on title.
January 18, 2007
Committee Meeting
Mortgage Foreclosure – Filing to Judgment
Melvin A. Karas of the Massachusetts Land Court will present a technical program on mortgage foreclosure procedure from filing to judgment, including status of cases in the Land Court and recent procedural changes. In addition, there will be a discussion of errors that the Land Court frequently sees in case filings. Materials will be distributed, and there will be time to discuss cases and answer questions.
December 21, 2006
Committee Meeting
Understanding Tax Titles and the Tax Title Foreclosure Process
John R. Harrington, Land Court Title Examiner, presents a technical session on tax titles and tax title foreclosures. This session is a welcome update for practitioners who encounter tax titles in the chain of title, whose practice involves municipal law, or whose clients deal in distress and abandoned property.
October 19, 2006
Committee Meeting
Licenses to Sell Real Estate
Jennifer A. Maggiacomo, Assistant Register, Middlesex Probate and Family Court, will discuss real estate matters arising in probate estates. Emphasis will be placed on the cyclical nature of the real estate market and the differences in Probate practice in various counties.
September 21, 2006
Committee Meeting
Insider’s View of the New Land Court Permitting Session
Land Court Recorder Deborah J. Patterson and Chief Title Examiner Edmund A. Williams will present an insider’s view of the Land Court Permitting Session.
June 1, 2006
Committee Meeting
Obtaining Releases of Estate Tax Liens for Properties Sold Out of an Estate
Jennifer A. Maggiacomo, Assistant Register, Middlesex Probate and Family Court, will discuss methods of obtaining releases of Federal and State Estate Tax liens for properties sold out of an estate. Ms. Maggiacomo will also take general questions regarding real estate and estate issues.
May 4, 2006
Committee Meeting
Title Issues Regarding Easements and Licenses
Amanda Zuretti, Title Counsel at CATIC , will review the legal issues and effects on title to real property of easements and licenses. Easements and licenses affect the use and, therefore, the value of real property. Accordingly, it is important for lender’s counsel, buyer’s counsel and title agents to understand the creation, termination, and effect on title of these encumbrances.
April 6, 2006
Committee Meeting
Probate and Estate Issues Affecting Title to Real Property
Jennifer A. Maggiacomo, Assistant Register, Middlesex Probate and Family Court, will review certain probate and estate issues affecting title to real property and the most effective and efficient manner in which to deal with them.
March 27, 2006
Committee Meeting
Residential Purchase and Sale Agreements for the New Associate
Stephen D. Silveri, Law Office Of Stephen D. Silveri, will provide a paragraph-by-paragraph explanation of the standard form Purchase and Sale Agreement as well as critical modifications that must be made in order to protect both buyer and seller clients. This program is targeted toward the new associate, or anyone who is unfamiliar with residential real estate transactions and who is interested in gaining a better understanding.
March 2, 2006
Committee Meeting
Title Certifications
Amanda Zuretti, title counsel at CATIC, will speak on c. 93, sec. 70 statutory requirements and practice norms.
February 2, 2006
Committee Meeting
Open Forum: Helpful Forms and Administrative Practices
An open roundtable discussion of the most helpful forms and administrative practices led by several experienced lawyers. People can bring forms, or just make them available via e-mail after the meeting. All are welcome to attend.
January 5, 2006
Committee Meeting
Mortgage Foreclosures
Harold Clark of LandAmerica Financial Group, Inc. will speak on mortgage foreclosures.
December 1, 2005
Committee Meeting
Tax Titles
Ken Forton and Tsuyoshi Fukuda of the City of Boston Law Department will speak on tax titles as we continue our series on the Dark Side of Real Estate Law.
November 3, 2005
Committee Meeting
The New Bankruptcy Legislation and Its Impact on Real Estate Practice – What You Haven’t Been Reading About in the Newspaper
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 went into effect on October 17th. The press has written extensively about how the new legislation will make it more difficult for individuals to file bankruptcy. The BAPCPA also effected sweeping changes to many other aspects of the U.S. Bankruptcy Code, including changes that alter pre-existing law in the areas of relief from the automatic stay, single asset real estate cases, and the assumption and assignment of leases.
Melvin S. Hoffman of Looney & Grossman LLP will discuss these and other issues of relevance to the conveyancing bar.
October 6, 2005
Committee Meeting
Homesteads
Walter Oney and Burton Kreindel will discuss the existing homestead statute and the BBA proposed revision before the legislature. This meeting will be the first in a series entitled “The Dark Side of Real Estate Law”.
Walter Oney is a solo practitioner in Boston and has a particular interest in consumer privacy and protection. Attorney Oney serves on the BBA Bankruptcy Steering Committee as co-chair of the Bankruptcy Pro Bono Committee. Before starting his practice he was an associate attorney in the business department of Nutter McClennen & Fish and worked as a software engineer.
Until his retirement in 1992, Burton Kreindel, was a systems engineer and an attorney with the MITRE Corporation in Bedford, Massachusetts where he was Director of Justice Systems Group. Following his retirement from MITRE he has maintained a limited practice of law in Newton, Massachusetts where he concentrates in residential real property law and estate planning.
September 1, 2005
Committee Meeting
Join us on September 1st to learn about the Title & Conveyaning Committee, meet your colleagues and provide input on the upcoming program year. The Committee has planned a series of thematically-linked brown bag lunches on the ‘Dark Side’ of Real Estate Law and we would like tailor the programs to meet your needs.
Topics we plan to cover this year include:
- Foreclosure
- Tax takings
- Bankruptcy
- Mortgage workouts
- Defaults
We will also be discussing our CLE programs that will include a tour of the Registry of Deeds and the Land Court, as well as a panel on the Rose Kennedy Greenway.
If you’re a member of the Committee or are interested in the Committee please join us.
|
