| Friday, November 9,
2007
7:30 – 8:15 a.m.
REGISTRATION & CONTINENTAL BREAKFAST
8:15 – 8:30 a.m.
WELCOME & INTRODUCTION
8:30 – 8:55 a.m.
What is the Holding in Collier?
Its impact on the Torrens system and “notice.”
– Edward A. Bock, Jr.
8:55 – 9:15 a.m.
Executing on the Homestead –
Navigating the New Legislation
The Minnesota legislature amended the statutes surrounding the
homestead exemption and the procedure for levying on a homestead. These
amendments became effective August 1, 2007. Learn the how they affect
levying on homestead property.
– Heidi L. Staloch
9:15 – 9:50 a.m.
Identifying Mortgage Fraud
Professor Prentiss Cox will discuss the growing residential
foreclosure problem and how it is partly related to mortgage fraud and
deception. He will examine the reported growth of mortgage fraud in
Minnesota, including the actors involved in such deals and how attorneys
for lenders and homeowners can spot and remedy troubling loan
applications.
– Prentiss E. Cox
9:50 – 10:15 a.m.
Hot Topics for Real Estate Attorneys
Servicemembers Civil Relief Act; Update on insurance forms; What is
“green?” Update on electronic recording; Uniform conveyancing blanks and
more.
– Angela M. Christy
10:15 – 10:30 a.m.
QUESTIONS & ANSWERS
10:30 – 10:45 a.m.
DISTINGUISHED SERVICE AWARD
10:45 – 11:15 a.m.
BREAK
11:15 – 12:15 p.m.
BREAKOUT SESSION A
101) Whither Torrens?
A point-counterpoint discussion of In re Collier, the 2007
decision in which the Minnesota Supreme Court decision held that a
purchaser of Torrens property who had actual knowledge of a prior but
unregistered interest held title subject to that interest. Other recent
Torrens developments also will be discussed.
– Rick S. Little & Eileen M. Roberts
102) 10 “Do Not Miss” Issues in Your
Next Commercial Purchase Agreement
A panel of seasoned real estate veterans will discuss 10 key issues
to be negotiated in every real estate purchase agreement. Get the best
possible results for your client on your next deal. Issues to be
discussed include closing allocations, representations and warranties,
casualty and condemnation, tenant estoppel letters, tax-free exchange
provisions and more.
– Thomas P. Stoltman, Kathleen M. Martin & Gordon L. Jensen
– Lloyd G. Kepple, moderator
103) Is It Platting or Plotting?
A detailed look at the requirements for plats of real property in
Minnesota, including coverage of the 2007 amendments to Chapter 505.
– Timothy J. Hassett
104) It’s Not Easy Being Green: The
Green Building Phenomenon
This course will introduce the audience to “green buildings,”
“sustainable development,” “high-performance buildings,” and similar
concepts. What is a “green building?” Who decides what is “green,” and
what is merely well intentioned? Is there economic, tax, or legal
advantages to building green? Attendees will obtain a better
understanding of this emerging change in the real estate market.
– Paul S. Moe
105) Real Estate Attorney’s Survival
Guide…What You Need to Know About Real Property Valuation and Appraisals
A fast-paced session dealing with critical information about
appraisers, appraisals, and valuation, that will help you survive myriad
situations including tax appeals, condemnation, arbitration of lease
rates, special assessment appeals, valuation of property for sale,
divorce disputes and more. Learn principles that will help you to go
beyond the legal basics so you can provide even greater service to your
client.
– Bruce D. Malkerson, Mark D. Savin & Robert J. Strachota
106) Sources of Real Estate Funding:
Descriptions and Profiles of Common Real Estate Loans and Lenders
This session will provide an overview of various types of real
estate loans and lenders including discussions of institutional, conduit
and construction financings. Includes a discussion and overview of a
loan transaction from commitment stage through funding. Materials
include a glossary of common financing terms and sample checklists.
– Todd J. Anlauf
107) Practical Answers to Common
Insurance Questions
How to specify the appropriate ACORD certificate of insurance.
Proper use of additional insured status. When is builder’s risk form
appropriate? When and how to specify flood insurance. Appropriate role
of waiver of subrogation/claims. What does “all risk” really mean? Is a
contractual liability endorsement a panacea?
– Charles S. Ferrell & Jeffrey P. Isenberg
108) Understanding Ground Leases
What are they? How do they work? When to use them? How to use them?
– Mark E. Hamel
109) 10 Critical Topics for the
Residential Transaction Practitioner
This session will focus on issues with which residential
practitioners may be confronted on a regular basis, including statutory
compliance, avoidance of fraud, and the sale of property in foreclosure.
– John H. Brennan
110) Servicemembers Civil Relief Act –
Its Impact on Real Estate Transactions
The Servicemembers Civil Relief Act is a recent comprehensive
revision of the Soldiers’ and Sailors’ Civil Relief Act. It applies to a
wide variety of real estate transactions, including foreclosures, lease
terminations, evictions, contract for deed cancellations, and tax sales.
Many lawyers and their clients, including large national companies, have
violated the Act’s statutory protections even against servicemembers who
are in combat situations. Have you? Whether you represent servicemembers
or their creditors, you need to understand this Act.
– Ann M. Burkhart
111) Easement Basics
This session will provide a basic overview of easements, including
an explanation of “easement terminology,” and current statutory and case
law regarding easements. We will discuss purposes and uses of easements,
and review methods of creating and terminating easements. Drafting tips
will be discussed, and form easements will be provided.
– Shannon D. Hoagland & Hugh M. Maynard
12:15 – 1:30 p.m.
INSTITUTE LUNCHEON (provided)
1:30 – 2:30 p.m.
BREAKOUT SESSION B
201) 15 Things to Watch Out for When
Buying Rural or Recreational Property
Including wells, septic tanks, minerals, boundary issues, access,
wetlands, and more.
– Charles H. Andresen
202) Build-to-Suit Transactions From
Start to Finish(es)
An experienced developer and lawyer team will take on the business
and legal questions lurking in these deals: How are the entitlement,
construction, financing and schedule risks allocated? Which costs are
legitimate project costs? How should rent be computed off of project
costs? What about change orders? What is fair compensation to the
developer? What is a fair rental rate on lease renewal? Should the
tenant have project acquisition rights? Expansion rights? What is the
developer’s exit strategy? What accounting and tax issues do the
developer and tenant face? A discussion of documentation issues, from
LOI (what should it say?) to lease (what obligations should the tenant
expect to have?) to closing (what will the lender need?) will round out
this action-packed hour.
– Collin E. Barr & John R. Wheaton
203) Choice of Entity in Real Estate
Transactions – More Than Just the Basics
What type of entity is right for your real estate deal? This session
discusses and compares tax and non-tax related advantages and
disadvantages of using corporations, partnerships, and limited liability
companies in real estate related transactions.
– Thomas W. Garton & Jessica D. Sherman
204) A Country Lawyer vs. Big Wind
Windpower contracts from the farmer and landowner perspective.
– Craig W. Johnson
205) Getting Credits for Your Client’s
Housing and Community Development Project
Low-income housing tax credits (LIHTC), historic rehabilitation tax
credits and new markets tax credits are essential tools for development.
Understand when these credits are available and how they can generate
cash for a project.
– Angela M. Christy & Stephanie J. Hill
206) 8 Important Retail Lease
Provisions – Both Landlord and Tenant Perspective
Gary Eidson will discuss both sides of retail lease provisions that
matter to your client. Sample lease language will also be provided.
– Gary C. Eidson
207) What to Do if a CIC Project Goes
Bad
With the condo market in a down turn, what do you advise a CIC
developer, successor developer or lender with respect to foreclosure
versus deed in lieu, disclosure requirements, warranty liability,
transfers of declarant rights and turnover of association control?
– David B. Eide & Mark S. Radke
208) 10 Things Every Real Estate
Attorney Should Know About Bankruptcy
This session will be directed to non-bankruptcy real estate
attorneys and will focus on the claims process, preferences, relief from
stay and landlord and tenant issues, with an emphasis on the 2005
changes.
– Richard D. Anderson
209) The Most Dangerous Pitfalls in
Mortgage Foreclosures and How to Avoid or Fix Them
A fast-paced session helping you avoid the biggest problems in
foreclosure.
– Paul A. Weingarden
210) Medical Assistance – Back to
Basics
How the Medical Assistance system works and how real estate is
treated in the process.
– Julian J. Zweber
211) Reviewing Title Commitments and
Surveys in Commercial Transactions: Forms and Checklists to Structure
Your Review
The use of forms to structure your review of title commitments and
surveys and to communicate the allocation of responsibility for
addressing various title and survey issues. Frequently used methods of
addressing common title and survey issues.
– Daniel J. Cole, Jr. & Thomas L. Bray
2:30 – 2:45 p.m.
BREAK
2:45 – 3:45 p.m.
BREAKOUT SESSION C
301) 8 Tough Easement Questions and
Their Answers
In this advanced session, we will discuss several problematic
easement issues, and provide practical ways to resolve such issues.
Issues discussed will include proving abandonment of an easement,
addressing ambiguous easement rights in older documents, and application
of the Marketable Title Act (40-year rule) to easements.
– Shannon D. Hoagland & Rick S. Little
302) Making Arbitration and Mediation
Work – Strategy and Drafting
Provisions mandating arbitration or other forms of alternative
dispute resolution to resolve disputes are common in the real estate
documents we use every day. But horror stories abound about the
application of these provisions to actual disputes. Learn how to draft
alternative dispute resolution provisions that avoid common pitfalls and
that work for your client when disputes arise. Forms will be provided.
– John M. Koneck
303) Not Just a Walk in the Park: What
You Need to Know About Current Issues Concerning Parkland Dedication and
Fees
How recent changes to Minnesota’s Park Dedication Statute impact the
rights and obligations of cities and developers.
– Jay R. Lindgren & Nena F. Street
304) Remediation of Contaminated
Property
A basic understanding of the options available for remediation of
contaminated property is critical for the real estate law practitioner.
This session, a primer on environmental cleanups for real estate
lawyers, will discuss the law of contaminated property and available
remediation options. The highlights will include an analysis of the bona
fide prospective purchaser provisions in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (“CERCLA”), as well as
voluntary remediation under Minnesota’s Voluntary Cleanup Program
(“VIC”) and Petroleum Brownfields Program.
– Thaddeus R. Lightfoot
305) Turning Energy Credits Into Cash
This session will highlight the types of energy credits and
incentives most applicable for Minnesota building owners (solar and
wind) and what value they can bring to a real estate project. Time
permitting, this session will discuss how energy project developers turn
credits into cash on wind, solar and biomass projects.
– Norman L. Jones
306) Lender Fraud – “The Offer That Is
Too Good to be True”
Steve Yoch will discuss the latest developments in lender fraud
litigation and prosecution impacting builders and developers, in
particular, those situations where sellers can be potentially liable for
committing lender fraud by engaging in transactions which harm lenders
and violate state and federal law.
– Stephen E. Yoch
307) 10 Traps for CIC Developers and
Their Attorneys
The legal and regulatory web that governs the formation of common
interest communities (CICs) is a complicated system that contains traps
for both inexperienced and experienced practitioners. Developers who
fall into one of these traps may face cancellation or rescission of unit
sales and civil and criminal penalties. This session will identify and
discuss the ten most significant traps for developers of CICs, and help
attorneys advise their clients to avoid these traps. The session will
include drafting and practice tips.
– Shaun C. McElhatton
308) Drafting Agricultural Real
Property and Animal Facility Leases
Drafting the leases from the perspective of both landlord and
tenant; leasing of both tillable property and buildings; focus on
important issues including chemical carry-over, DNR restrictions,
program payments, crop insurance loss payees, liens against unsold crops
and more; includes sample lease agreements.
– Sara N. Wilson
309) Sometimes the Sale Doesn’t Close
– What Happens Next? Statutory Cancellation and More!
When the commercial or residential transaction fails to close, the
parties have several available options and remedies, including
consensual termination, statutory cancellation, and potential actions
for specific performance, damages, judicial termination, or rescission.
Each of these options and remedies will be examined, as well as sample
purchase agreement provisions granting or limiting the rights of the
parties.
– Marvin A. Liszt
310) Satisfying Your Real Estate
Clients Professionally and Ethically
1.0 ethics credit applied for
The vast majority of ethics complaints filed against
attorneys are service-related. Join us for a practical ethics session,
tailored for the real estate attorney’s practice that focuses on the
interconnections between successful client service and the Rules of
Professional Conduct. Explore common pitfalls – and best practices –
relating to communication (Rule 1.4), billing and fees (Rule 1.5), and
diligence (Rule 1.3). Get recommendations on how to handle angry clients
and on practices aimed at reducing the risk of ethics complaints.
– Roy S. Ginsburg
311) Use of Title Insurance to Close
the Deal in Multi-State Transactions
Insuring, structuring and closing multi-site / multi-state
transactions – issues, obstacles and solutions.
– Linda M. Cross, Jordan Schlossman Dunn & Julie A. Drewes
3:45 – 4:00 p.m.
BREAK
4:00 – 5:00 p.m.
BREAKOUT SESSION D
401) Practical Solutions to Boundary
Issues
The survey reveals a potential encroachment. What approaches are
available to solve the problem and get to closing? Practical ways to fix
encroachment problems, including deeds, permits, easements, and
consents. Sample documents will be included in the materials.
– Angela M. Christy
402) Uniform Conveyancing Blanks – An
Overview and Update
Legal impact of uniform forms; How they are approved; How to use
them effectively; The latest changes and reorganization of the forms.
– Karen J. Bjorkman, Matthew J. Foli & Evan B. Rice
403) Construction Law and Liability
for the Non-Specialist
An overview of construction law targeting the real estate attorney
who does not specialize in construction law. Our experts will walk you
through causes of action and defenses; discovery and motion strategies;
mediation options; trial strategies; sources of recovery; and more.
– Aaron A. Dean & Hannah R. Stein
404) Update on Revised AIA Contracts –
Owner/Architect and Owner/Contractor Agreements
Working with the 2007 changes; advantage and disadvantages for
owners and contractors; allocating risk; making changes to benefit
owners.
– Jocelyn L. Knoll & Robert J. Olson
405) Like-Kind Exchanges Under §1031 –
A Return to the Basics
This program will provide a basic working knowledge of the
requirements to complete like-kind exchanges of real estate.
– Paul J. Linstroth
406) CIC Open Forum: Ask Our Experts
Your Toughest Questions
– Thomas L. Bray, David B. Eide & N. Walter Graff
407) Dual Representation, Alteration
of Documents, and More: Everyday Ethics – Topics for the Real Estate
Attorney
1.0 ethics credit applied for
Must a seller’s lawyer disclose otherwise undiscovered
defects in the property or title to the property? When can you represent
multiple parties to a real estate transaction? When can you serve as
escrow agent? What records (like estoppel letters, leases, letters of
intent, and other closing documents) should you retain and for how long?
What formalities must be observed in executing real estate documents and
in making changes to documents after they have been executed? Learn more
about these and other ethics topics that are everyday issues for real
estate lawyers.
– Patrick R. Burns
408) Executing on the Homestead:
Navigating the New Legislation
The Minnesota legislature amended the statutes surrounding the
homestead exemption and the procedure for levying on a homestead. These
amendments became effective August 1, 2007. Learn the history behind
these changes and how they affect levying on homestead property.
– Heidi L. Staloch
409) Quick Answers to Questions That
Friends, Relatives and Strangers Will Ask You at Cocktail Parties
A team of experts in criminal, family, employment, estate planning,
and personal injury law will provide answers to all the questions that
you, as a lawyer, will inevitably be asked at cocktail parties.
– Andrew M. Baese, Robert J. Hauer, Jr. & Leonard B. Segal
– Jason C. Kohlmeyer, moderator
410) Legal Research Using Minnesota
CLE’s Online Library
How to find great CLE articles quickly and easily.
– Holly Garland Langworthy
5:00 – 6:30 p.m.
Great Real Estate Get-Together
Hosted by the Attorneys’ Title Guaranty Fund, Inc., Minnesota’s
only bar-related title insurance company. Featuring complimentary
cocktails and hors d’oeuvres.
Saturday, November 10
8:00 – 9:00 a.m.
CONTINENTAL BREAKFAST
8:30 – 9:00 a.m.
MSBA REAL PROPERTY SECTION MEETING
9:00 – 9:40 a.m.
Title Standards and White Pages Update
The latest changes and additions.
– Cindy K. Telstad & Charles D. Hoyum
9:40 – 10:20 a.m.
Case Law Update – Part 1
The new cases and what they mean.
– Angela M. Christy, Dean L. Bussey, Paul B. Kilgore & Spiwe L.A.
Pierce
10:20 – 10:35 a.m.
BREAK
10:35 – 11:20 a.m.
Case Law Update – Part 2
11:20 – 12:00 p.m.
Legislative Update
The 2007 legislative changes affecting real estate law.
– Jennifer L. Carey, Kevin J. Dunlevy & Charles A. Parsons
12:00 – 12:15 p.m.
QUESTIONS & ANSWERS
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