Day 1 – Friday, November 9

7:30 – 8:00 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:00 – 9:30 a.m.

MORNING PLENARY SESSIONS

 

8:00 – 8:10 a.m.

WELCOME & INTRODUCTION

 

8:10 – 8:30 a.m.

The New Minnesota Receivership Statute

Minnesota has enacted a comprehensive receivership statute that will bring more transparency and consistency and less mystery to the use of receivers in foreclosures, commercial litigation and family law matters. This introduction will focus on the scope of the new statute, the process behind its enactment and identify important issues for those who may be considering its use.

Phillip L. Kunkel

 

8:30 – 8:50 a.m.

New Bankruptcy Developments Affecting Real Estate Attorneys

Including RadLAX, TOUSA and Stern v. Marshall.

Michael R. Stewart

 

8:50 – 9:20 a.m.

Hot Topics in 2012

New Title Cases; Electronic Recording; ALTA Endorsements; Closing Protection Letters; ADA Developments; And more!

Angela M. Christy

9:20 – 9:30 a.m.

DISTINGUISHED SERVICE AWARD

9:30 – 10:00 a.m.

BREAK

10:00 – 11:00 a.m.

BREAKOUT SESSION A

 

101

New ALTA Title Insurance Endorsements

Including endorsements relating to easements, encroachments, covenants and restrictions, new energy project endorsements and more.

Charles D. Hoyum & Steven J. Tierney

 

102

Boundary Lines and Encroachments

An overview of the causes and methods available to resolve boundary disputes including agreements using conveyances, easements, restrictive covenants and monetary payments and through litigation relying upon adverse possession, practical location, prescriptive easements and reformation.

Terry A. Karkela

 

103

20 Things Every Real Estate Attorney Should Know About Local Land Use and Its Impact on Property Valuation

Bruce Malkerson presents a fast-paced, high energy session about the land use topics you should know before advising any of your clients on purchasing land for development or continued use if the land is already developed. Topics include the impact of the comprehensive plan, zoning ordinances, subdivision ordinances, special assessments, legal nonconforming uses, rights to public streets, zoning opinion letters and much, much more. This is a "can’t miss" session taught by one of the best presenters around.

Bruce D. Malkerson

 

104

Commercial Real Estate Purchase Agreements: 5 Key Issues Not to Miss on Your Next Deal

This panel discussion will address key issues in the negotiation of commercial purchase agreements in the current marketplace. Issues covered include seller representations and warranties (including liability limits, security for performance and as-is and survival clauses), impact on the rights of seller and buyer when a purchase option ripens into a purchase agreement, negotiation of key provisions regarding allocation of costs between seller and buyer (including tenant costs, title costs, real estate and deed taxes, and operating expenses reconciliations) and purchase agreement remedies, including when and how to terminate a purchase agreement under Minn. Stat. Section 559.21.

Thomas L. Bray, Joseph M. Finley & Larry M. Wertheim

Lloyd G. Kepple (moderator)

 

105

Special Issues in North Dakota Real Estate Law: Including Oil and Gas Matters

An overview of some of the unique aspects of North Dakota real estate law plus an introduction to oil and gas law.

Jannelle Combs & Tory L. Jackson

 

106

Tax Implications of Debt Forgiveness – It Hurts So Good

Negotiating a debt workout on residential and commercial property can seem like a victory until it’s time to file a tax return. This program will discuss the income tax problems and possible solutions related to debt forgiveness.

David N. Haynes & Paul J. Linstroth

 

107

Residential Short Sales

Learn what is involved in residential short sales including the specific process and common pitfalls when working with lenders, buyers and sellers. What are the obligations of the parties involved and what potential liability do they face?

David J. McGee

 

108

A Farm Land Leasing Checklist

Everything you need to consider when representing the farm landowner or the tenant. With farm and crop values on the rise, these lease agreements for farm land are of even greater importance.

Reed H. Glawe

 

109

7 Title Examination Issues and How to Solve Them

Basics Session

Including probate matters, divorce decrees, legal descriptions and more.

Cindy K. Telstad

 

110

The Current State of the Real Estate Market in Minnesota

Bob Strachota examines both the commercial and residential real estate markets in both the Twin Cities and outstate.

Robert J. Strachota

11:00 – 11:15 a.m.

BREAK

11:15 a.m. – 12:15 p.m.

BREAKOUT SESSION B

 

201

eRecording: The Future Is Now

A panel of experts from county government, the title industry, and the legal community will discuss the evolution and current status of electronic real estate recording in Minnesota. This session will include a live demonstration of electronic recording.

Eileen M. Roberts

 

202

Do I Own the Gold Mine on My Property?

A discussion regarding the ownership of mineral rights; the conflicting rights of surface and mineral owners; and the development of mineral properties.

Charles H. Andresen

 

203

When Disaster Strikes – Why Understanding Insurance Really Matters

Margo and John will present a case study of a catastrophic loss involving a major office building, highlighting key insurance issues and how the language in all parties’ real estate documents affects the outcome.

Margo S. Brownell & John R. Wheaton

 

204

Surprise: What Every Attorney Needs to Know About New Lender Requirements and Title Coverage in Construction Loans

Including issue of payment and construction guaranties, issues between the lender and general contractor, new lender underwriting requirements of borrowers and contractors, changes in early start coverage, pending disbursing endorsements and more.

Rodney D. Ives, Charles R. Haynor, Thomas J. Hoben & Mark W. Westra

 

205

Navigating the Wetlands Quagmire – Swamps, Bogs, Fens, Marshes, and Other Sticky Situations

A review of wetlands laws and potential pitfalls for real estate professionals. Topics include wetland regulation basics; the overlap of federal, state, and local regulations; transactions involving wetlands; platting wetlands; and the development of property containing wetlands.

Mark E. Hamel & Alex Iliff

 

206

Quirks of Wisconsin Real Estate Law – Malpractice Traps Await!

In Wisconsin, if a commercial tenant holds over and the landlord accepts rent, the lease becomes a year-to-year lease. If a purchase agreement is contingent on the buyer finding "acceptable" mortgage financing, the entire purchase agreement is void for vagueness. If a residential lease requires the tenant to pay landlord’s attorneys’ fees after a default, the entire lease is void. Learn about these and other traps the Badgers set to ensnare Gopher lawyers.

Nathan J. Wautier

 

207

7 Important Bankruptcy Problems Every Real Estate Attorney Should Understand

A helpful session focusing on the bankruptcy issues that real estate attorneys are likely to encounter including the automatic stay, fraudulent conveyances, clawbacks, bankruptcy sales and more.

Michael R. Stewart

 

208

Forbearance Agreements, Deeds in Lieu and Voluntary Foreclosures

This session will cover forbearance agreements and key provisions that should be in every forbearance agreement; situations as to when you would accept a deed in lieu of foreclosure; and, the process of voluntary foreclosures.

Justin P. Weinberg

 

209

Advising a Small Tenant on a Commercial Lease – What Can You Realistically Accomplish for Your Client in Today’s Market?

This session will focus on the real estate lawyer’s role in reviewing a commercial lease for office, warehouse or retail space on behalf of a small tenant with little bargaining power including advising the client on the business of commercial leasing, the risks that can be mitigated and those that can’t. A practical approach to reviewing the lease contract for the small tenant and a checklist of lease provisions that may be able to be modified for the benefit of your client.

Thomas P. Stoltman

 

210

Medical Assistance – The Necessary Basics

Basics Session

For individuals and families facing the unmanageable cost of long term care or an extended disability, Medical Assistance often has a profound influence on the financial, legal and personal decisions that maintain dignity and autonomy. This session is designed to give real estate attorneys the background needed to advise clients about the pitfalls and opportunities presented by Medical Assistance.

Jeffrey W. Schmidt

 

211

2012 Attorney Ethics Review

1.0 ethics credits applied for

The Director of the Office of Lawyers Professional Responsibility updates you on recent attorney discipline and professional responsibility matters, along with the associated valuable lessons for Minnesota attorneys.

Martin A. Cole

12:15 – 1:30 p.m.

INSTITUTE LUNCHEON (provided to all attendees)

1:30 – 2:30 p.m.

BREAKOUT SESSION C

 

301

How to Measure Loss Under a Title Insurance Policy

Learn how title-claims people calculate loss due to total title failure, loss of part of the land, easements, restrictions and lack of access. Learn the three loss methods for owners’ policies and the separate rules that apply to loan policies, plus methods that save time and argument. Also discussed: strange twists caused by deflation in property values.

J. Bushnell Nielsen

 

302

Buying Tax Forfeited Land

What are the special concerns when purchasing tax forfeited lands? Does the prior owner have any rights or are they all extinguished? How do you make sure the state or county has good title? What are the other issues of which you need to be aware?

Barbara B. Gilmore, Rick J. Sheridan & Jeffrey L. Strand

 

303

The Real Estate Lawyers Guide to the New ADA

The newest amendments to the Americans with Disabilities Act impact your clients’ businesses from beginning to end including: additional requirements the ADA now imposes on new construction and on existing facilities when remodeled; requirements imposed on public accommodations, including a redefinition of acceptable service animals; and new definitions regarding the rights of applicants and employees. Join us to ensure that you are up-to-date on the newest ADA changes so that you can advise your clients, from initial construction through final operation.

Shannon D. Hoagland & Melissa M. Weldon

 

304

LLC Member Control Agreements for Real Estate Deals

Repeated at #503

Member Control Agreements ("MCAs") for limited liability companies are among the toughest entity documents to draft. When MCAs are used in connection with real estate transactions, especially real estate development, issues unique to real estate transactions need to be addressed. This breakout session offers insight into drafting MCAs for real estate deals and includes a sample form.

Thomas J. Doyle & Timothy J. Hassett

 

305

The Senior Housing Revolution – What Every Housing Lawyer Needs to Know

As the Baby Boomer generation reaches retirement age, the demand for senior housing will explode exponentially. The Boomers, whose radical ideas created sweeping social change in the 1960’s and 70’s, are now driving a paradigm shift in how we age, and in the types of housing required to suit the desires of this new generation. This session will provide an introduction and overview to the various types of senior housing in the market today and the legal and funding mechanisms of each, including Federal housing subsidies available to modify existing housing, develop new housing, and bridge the affordability gap for seniors affected by the Great Recession.

Mary C. Taylor

 

306

Restructuring and Refinancing Distressed Commercial Real Estate

This session will focus on several ways in which lenders and borrowers might restructure or refinance distressed commercial real estate debt. As lenders become increasingly reluctant to add to their inventory of REO properties, borrowers often have an opportunity to restructure financing to make the debt manageable or to complete a transaction. The presenters will offer tips on how to put these deals together successfully.

Michael Knight & John M. Koneck

 

307

Foreclosure Defense Panel

This moderated panel discussion will address a variety of common foreclosure defense strategies. The strategies include both state and federal laws, including how to reach the common goal of a sustainable loan modification. The panelists are experienced foreclosure defense litigators and can provide for a current survey of Minnesota’s foreclosure defense strategies.

Bryan R. Battina, Colleen M. Daly & Michael T. Kallas

Jane N. Holzer (moderator)

 

308

7 Traps for the Unwary Residential Landlord

Robin Ann Williams presents another fast-paced session focusing on 7 pitfalls that can trip up the unsophisticated residential landlord. She will discuss strategies to address tenants with challenging mental health issues (a hot fair housing issue), tips for homeowners who decide to rent out a house that won’t sell, tenant requests for companion animals, legal and practical problems posed by bed bugs, and more.

Robin Ann Williams

 

309

How to Draft Fiduciary Documents for Recording and Effectiveness

Basics Session

Focus on trustee deeds, powers of attorney and probate documents.

Matthew J. Foli

 

310

Real-World "Money" Hypotheticals: Problems and Solutions

1.0 ethics credits applied for

Trust account questions, fee disputes, and third-party demands for funds arise every day in practice. This session will work through realistic hypotheticals and explain how to apply the Rules of Professional Conduct.

Eric T. Cooperstein

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

BREAKOUT SESSION D

 

401

Railroad Rights-of-Way in the Chain of Title – What Is One to Do?

What is the nature of the right of way? Is it fee title or easement or too vague to tell? Has it been abandoned? Is it adversely possessed? What should you do?

Dulcie M. Brand & Rick S. Little

 

402

Real Estate Conveyancing To and From Trusts

How to effectively convey real property to and from trusts. What documents are required? Special drafting issues, torrens property challenges, dealing with out of state statutory trusts, the impact of curative acts and more!

Edward A. Bock, Jr. & Jeffrey S. Johnson

 

403

15 Insurance Law Cases That Every Real Estate Attorney Should Know

Insurance law can affect all aspects of a real estate practice. Whether you are drafting a lease with insurance requirements, advising a client that has been sued for liabilities arising out of the ownership of property or pursuing claims against agents or design professionals, you need to be familiar with these 15 insurance law cases. This session will give you the foundation necessary to properly advise your client about these issues and more.

Timothy P. Tobin

 

404

Twelve Tips for Drafting Documents to Avoid Disputes – A Look at Ways to Improve Your Drafting of Leases, Purchase Agreements and Other Real Estate Documents

A helpful session for anyone wanting to improve their drafting skills and prevent future problems for their clients.

Brian S. McCool

 

405

Current Issues in Commercial Lending for Real Estate Transactions

A look at the current state of commercial lending and the key issues facing lender and borrower in today’s market including enforcement issues, appraisal issues, title insurance concerns and more.

Cassandra H.M. Headrick

 

406

Personal Liability When the Condo or Townhome Development Has Financial or Defect Problems

When warranties are breached, when reserves are insufficient, when defects in construction are discovered – who bears the burden? When are the developers’ officers and directors liable, when are the appointed homeowners’ association directors liable, when are the elected homeowners’ association directors liable and when do the homeowners have to foot the bill?

Shaun C. McElhatton

 

407

Practicing Under the New Receivership Statute

The new receivership statute will provide new opportunities for parties and clarify the duties and responsibilities of receivers. The new rules may change the way creditors view receiverships. This session will address the most important revisions to the law and identify the considerations critical to seeking a receiver under the new statute.

Stephen F. Grinnell & Phillip L. Kunkel

 

408

Title Problems Arising From Mortgage Foreclosures

Back by Popular Demand!

A broad range of troublesome title issues in transactions and litigation resulting from mortgage foreclosures. The panel will discuss potential pitfalls and resolutions in examining, closing and insuring foreclosed properties.

Barbara B. Gilmore, Fran G. Iverson & Steven R. Little

 

409

Using Minnesota Title Standards and White Pages to Cure and Prevent Title Problems

Basics Session

A critical look at the organization and structure of Minnesota Title Standards. How the Title Standards can be used to resolve outstanding title issues in your transaction and how the White Pages can help you avoid mishaps in a variety of real estate transaction scenarios.

Nancy K. Landmark

 

410

Virtual Law Offices, Real Ethics Rules?

1.0 ethics credits applied for

Technology changes much faster than the Rules of Professional Conduct. This session will cover the ethical implications of paperless offices, e-mail communications, websites, and so-called "virtual" law practices.

Eric T. Cooperstein

3:45 – 4:00 p.m.

BREAK

4:00 – 5:00 p.m.

BREAKOUT SESSION E

 

501

Julian Zweber’s Medical Assistance Update – 2012

Repeated at #601

Julian Zweber again presents a cutting-edge discussion of the latest issues in medical assistance including the new asset transfer policies implemented in December 2011, the new treatment of life estates owned by community spouses, estate recovery problems, and more! Don’t miss Julian’s always terrific update!

Julian J. Zweber

 

502

Top 10 Issues in Making or Defending Title Insurance Claims

Back by Popular Demand!

Including issues of notice, claims covered, consequence of breach, damages and more.

John M. Koneck & Bradley N. Beisel

 

503

LLC Member Control Agreements for Real Estate Deals

Repeat of #304

Member Control Agreements ("MCAs") for limited liability companies are among the toughest entity documents to draft. When MCAs are used in connection with real estate transactions, especially real estate development, issues unique to real estate transactions need to be addressed. This breakout session offers insight into drafting MCAs for real estate deals and includes a sample form.

Thomas J. Doyle & Timothy J. Hassett

 

504

I Guarantee It! – Disputes Involving Legal Guaranties

Issues and legal arguments for both guarantor and guarantee. Likely outcomes associated with various guaranty language and factual situations.

Steven J. Heim

 

505

Multi-family Housing Development Outside of the Twin Cities

What every attorney should know when representing a client who owns a HUD insured, Rural Development or Minnesota Housing Finance Agency/Greater Minnesota Housing Fund financed project. Are there funds for new developments? What are the requirements for obtaining those funds? What rules apply to transferring and refinancing projects? Are there any special rules that apply to leases and tenants in these projects?

Angela M. Christy, Amy M. Schwarz & Jeffrey A. Streiffer

 

506

How to Execute a Judgment Against Real Estate

Real property often represents the best-available means to collect on an outstanding court ordered judgment. Learn the basics of attachment, perfection, and enforcement of judicial liens and how to execute on non-exempt real
property from seasoned counsel. Sample forms included.

Heidi L. Staloch

 

507

Advising Buyers and Sellers of Lender-Owned Residential Property

Learn the special considerations for buyers and sellers when transferring lender-owned property; including buyers’ and sellers’ checklists of important considerations to avoid the pitfalls and legal exposure these sales can generate. Topics will include as-is sales, due diligence, warranty deeds, insurable title, title insurance, the risks of municipal codes and fines, lender delays and more.

Wayne E. Gilbert

 

508

Tough Questions Commercial Landlords Will Ask You – And How to Respond

Be prepared to respond to the questions that a commercial landlord will ask – including which safeguards are absolutely essential in the lease? how do I make sure my property is not damaged by the tenant? what rights of entry do I have? what happens if the tenant files bankruptcy? who owns the improvements? can the tenant withhold rent payments because of the cooling issue? and more. Don’t miss this fun and helpful session.

Shannon D. Hoagland

 

509

Basics of Creating Easements, Restrictive Covenants and Licenses

Basics Session

What are the difference between easements, covenants and licenses? How do you create each of them? When and how do they come up in your real estate practice? How do you use them effectively?

Jennifer L. Carey

 

5:00 – 6:30 p.m.

Join Us for the Great Real Estate Get-Together

Hosted by Attorneys Title Guaranty Fund. Featuring complimentary cocktails and hors d’oeuvres.

Day 2 – Saturday, November 10

8:00 – 9:00 a.m.

CONTINENTAL BREAKFAST

8:30 – 9:00 a.m.

MSBA REAL PROPERTY SECTION MEETING

9:00 – 10:30 a.m.

MORNING PLENARY SESSIONS

 

9:00 – 9:20 a.m.

Title Standards and White Pages Update

The latest changes and additions to the Title Standards and White Pages.

Charles D. Hoyum & Cindy K. Telstad

 

9:20 – 9:40 a.m.

Legislative Update In-depth

All the legislation impacting real estate practice plus a look ahead to 2013.

Jennifer L. Carey & Kevin J. Dunlevy

 

9:40 – 10:30 a.m.

Case Law Update Highlights

The key cases decided by Minnesota courts this past year.

Angela M. Christy, Paul B. Kilgore, Nancy K. Landmark & Karla M. Vehrs

10:30 – 10:45 a.m.

BREAK

10:45 – 11:30 a.m.

BREAKOUT SESSION F

 

601

Julian Zweber’s Medical Assistance Update – 2012

Repeat of #501

Julian Zweber again presents a cutting-edge discussion of the latest issues in medical assistance including the new asset transfer policies implemented in December 2011, the new treatment of life estates owned by community spouses, estate recovery problems, and more! Don’t miss Julian’s always terrific update!

Julian J. Zweber

 

602

E-Filings in Minnesota State Courts

E-Filing is already active in Hennepin and Ramsey Counties, and will be mandatory for lawyers in those counties for civil and family cases beginning September 1, 2012. Other counties are in the process of rolling out e-filing and it is live in Cass, Clay and Morrison counties for civil cases with other counties to follow soon. Get up to speed on the latest developments and learn about the process and how to properly use the new E-filing system.

Honorable Peter A. Cahill

 

603

A Roadmap to Effective, Ethical Client Service

Session runs from 10:45 – 11:45 a.m.
1.0 ethics credit applied for

Studies show that the most frequent reason for losing clients is poor service. So how do you make sure you’re providing the best service while observing your ethical guidelines? This session will provide you with the tools you’ll need to consistently deliver exceptional service, retain and develop more business from current clients, and increase referrals. Classic movie scenes illustrate and underscore the program’s ethical and business principles to help you gain a competitive edge through excellent client service.

Roy S. Ginsburg

11:30 – 11:45 a.m.

BREAK

11:45 a.m. – 12:30 p.m.

BREAKOUT SESSION G

 

701

Case Update

A look at more of the cases decided by Minnesota courts impacting real estate.

Angela M. Christy, Paul B. Kilgore, Nancy K. Landmark & Karla M. Vehrs

 

702

A Guide to Foreclosure by Action

A review of the process, from pre-commencement of lawsuit to post-sale issues.

D. Charles Macdonald

 

703

"Getting There": 7 Ways to Establish Access to Real Property

A discussion of means of providing access to parcels of land via negotiation or, alternately, litigation.

Scott M. Lucas & Shaun D. Redford

 Free Optional Bonus Seminar:

If registering online for the Institute, please email our registrar and let us know if you also will be attending this free optional bonus seminar:

Saturday, November 10

12:50 – 2:50 p.m.

Cocktail Party Law: Quick Answers to Questions That Friends, Relatives and Strangers Ask You at Cocktail Parties

2.0 standard CLE credits applied for

A team of experts in bankruptcy, family law, estate planning, criminal law and employment law will provide answers to all the questions that you, as a lawyer, are asked at cocktail parties. And you’ll have the opportunity to ask the panel your own “cocktail party“ questions too.

– Roy B. Henline, Chad A. Kelsch, Lymari J. Santana, John D. Thompson & Tim Webb

– Roy S. Ginsburg (moderator)