2015 Alabama Real Estate Law Conference
Presented by Alabama Law Weekly
Held in Birmingham Friday, November 6, 2015
Birmingham Embassy Suites
Order your conference materials today!
This in-depth seminar offered an insider’s perspective the latest word on hot topics in the Alabama real estate law arena.
Learn the very latest about the laws, decisions, and developments affecting your practice and your clients:
- Negotiating the best possible loan modification
- Drafting commercial leases
- Advanced survey issues
- Best practices for curing title defects
- Residential landlord and tenant law
- A walk-through of the foreclosure process
- Ethical considerations for real estate practitioners
- C. Ellis Brazeal, III, Jones Walker LLP
- F. Gerald Burnett, Cabaniss, Johnston, Gardner, Dumas & O’Neal LLP
- Jeffrey N. Lucas, ESP Associates, PA
- Jonathan E. Raulston, Engel, Hairston & Johanson, P.C.
- G. Hampton (Trey) Smith, III, Zarzaur & Schwartz, P.C.
- Amelia K. Steindorff, Reynolds, Reynolds & Little
- Brian R. Walding, Walding LLC
This is the must-attend annaul event for Alabama attorneys who practice real estate law (litigators, closing attorneys, and attorneys who work for title insurance companies, banks, and other lenders).
The Alabama Real Estate Law Conference packs one day with leading authorities delivering critical law practice guidance on the hottest topics and some of the most complex issues you’ll face.
- Commercial leases. Gerald Burnett reviews types of leases, examines the drafting process, offers a commercial lease checklist, and highlights specific lease provisions.
- Loan modifications. Brian Walding covers the programs and incentives available in loan modifications, how to submit a loan modification request, how to handle your client’s case, and how to negotiate the best possible loan modification.
- Curing title defects. Amelia Steindorff highlights best practices for curing title problems, such as litigation solutions, boundary line adjustments, and party wall and other party agreements.
- Foreclosure. Jonathan Raulston walks you through legal considerations that arise before the foreclosure, at the foreclosure sale, and after the foreclosure.
- Advanced survey issues. Jeff Lucas looks at several survey issues, such as using GPS surveys, meander lines and related boundaries, environmental issues on surveys, and zoning restrictions.
- Residential landlord and tenant law. Trey Smith looks at pre-lease considerations, qualifying prospective tenants legally, and the Fair Housing Act and low income housing programs.
- Ethical considerations. Ellis Brazeal discusses such ethical concerns as disclosure requirements, dealing with unrepresented parties, multiple representations during transactions, and conflicts of interest.
Your Outstanding Faculty
C. Ellis Brazeal, III, Ellis Brazeal is a partner in the firm’s Business & Commercial Litigation Practice Group and practices from the firm’s Birmingham office. He has more than 25 years of experience in commercial litigation, including all levels of state, federal, and bankruptcy courts. His areas of experience include the representation of financial institutions, construction and surety litigation, and environmental law. He is listed in Best Lawyers in America®, and regularly lectures on bankruptcy and creditors’ rights issues. Mr. Brazeal’s representation of financial institutions has involved a specific focus on creditors’ rights in bankruptcy. In the construction arena, he has represented owners, contractors, and suppliers, both in negotiating contracts and in litigating and arbitrating disputes. His practice in the environmental field includes litigation; administrative proceedings; and providing counsel to owners of real property, as to both greenfield and brownfield sites, and operators of businesses. In the past, Mr. Brazeal served as an adjunct professor at the College of Engineering for The University of Alabama at Birmingham, where he taught courses in Engineering Law and a course in Environmental Law.
Gerald Burnett, with Cabaniss, Johnston, Gardner, Dumas & O’Neal LLP in Birmingham, practices on a multi-regional basis in all areas of commercial real estate, tax-free exchanges, tax law and disputes, commercial transactions, timber law, and wealth transfer planning. He has had substantial experience in the litigation of tax controversies, having tried jury and non-jury tax cases in eight states. He has served as lead counsel in, negotiated, and closed commercial real estate transactions in 18 states. Some of his out-of-state work includes commercial projects in Jacksonville, Kay Biscayne, Miami, Orlando and Tampa, FL; Atlanta and Columbus, GA; Chicago, IL; Louisville, KY; Minneapolis, MN; Jackson, MS; Reno, NV; New Jersey; Charlotte, NC; Charleston, SC; Knoxville, Memphis, and Nashville, TN; Dallas, Houston, and San Antonio, TX; and Oshkosh, WI. Mr. Burnett was formerly a trial attorney in the Tax Division of the United States Department of Justice. He received the Tax Division Outstanding Attorney Award while in the Justice Department. He is the co-author of the treatise Litigation of Federal Tax Controversies, originally published by Shepard’s/McGraw Hill (1st edition). He is the author of the Tax Management Portfolio entitled Timber Transactions (1st edition) and has served as a Special Tax Advisor for Tax Management, Inc. He is listed in the Best Lawyers in America® for Corporate and Tax Law. He is a member of the Birmingham and American (Sections of Litigation; Taxation; Real Property, Probate and Trust Law) Bar Associations.
Jeffrey N. Lucas, with ESP Associates, PA, is in private practice in Birmingham. He has been in the surveying business since 1976. He is a licensed land surveyor registered in Alabama, Florida, Georgia, Mississippi, and Tennessee. Mr. Lucas is a licensed attorney and was admitted to the Alabama State Bar in 2003. He specializes in land boundary issues as an attorney, land surveyor, consultant, mediator and expert witness. Mr. Lucas has been a seminar leader on surveying topics that include ALTA/ACSM standards, boundary law, law of easements, water boundaries, surveying evidence and procedures, expert witness testimony, business law, contract law, torts, and liability. He has over 30 titles that he has developed in his seminar library. Mr. Lucas is the author of “Alabama Boundary Law,” “The Pincushion Effect,” “The Multiple Monument Dilemma in American Land Surveying” and “Illinois Boundary Law,” which was featured in February, 2013, at the Illinois Professional Land Surveyors Association (IPLSA) conference in Springfield, Illinois. He has also authored over 100 articles on surveying and boundary issues and has written a regular column for P.O.B. Magazine since 2004.
Jonathan E. Raulston, with Engel Hairston & Johanson, PC in Birmingham, practices in the areas of foreclosure, bankruptcy, commercial litigation, creditor’s rights, and collections. He is also a frequent lecturer on topics related to foreclosure and creditor’s rights. Mr. Raulston is a member of the Alabama State Bar, Birmingham Bar Association, American Bar Association, and the Commercial Law League of America. He is a graduate of the University of Alabama School of Law and obtained a B.S. from the University of Alabama. While at the University of Alabama School of Law, he was a member of Phi Delta Phi and the Farrah Law Society and was honored with the Best Paper in Limited Liability Companies.
G. Hampton (Trey) Smith, III, a member of Zarzaur & Schwartz, P.C. in Birmingham, has over 20 years of experience in landlord-tenant law. He focuses his practice on real estate law, general civil law, probate law, and bankruptcy law. He is a frequent speaker at professional education programs regarding unlawful detainer suits and procedures. Mr. Smith was retained by the Birmingham Board of Realtors to draft the new unlawful detainer statute. He is a member of the Birmingham Bar Association and is licensed to practice before Alabama courts; the U.S. District Court for the Northern, Middle, and Southern Districts of Alabama; the U.S. Court of Appeals for the Eleventh Circuit; and the U.S. Supreme Court. Mr. Smith received his B.A. from the University of the South and his J.D. from the Samford University Cumberland School of Law.
Amelia K. Steindorff - Amy is a partner in the Birmingham office of Reynolds, Reynolds & Little, LLC, where her primary area of practice is real estate litigation, with an emphasis on title insurance matters. She is a vice-chair of the Title Insurance Litigation Committee of the American Bar Association's TIPS Section, and has been the co-author of the American Bar Association Tort Trial Insurance Practice Section's Annual Survey of Recent Developments in Title Insurance Law since 2012. She received her B.A. degree from Rhodes College and her J.D. degree from Vanderbilt University School of Law. Ms. Steindorff is a member of the Alabama State Bar and the American and Birmingham Bar Associations.
Brian R. Walding is an attorney with Walding LLC in Birmingham, where his main areas of practice include bankruptcy, creditor’s rights and workouts, real property issues, transactions, commercial loans, and corporate counsel. He is admitted to practice in Alabama and before the U.S. District Courts for Northern, Middle and Southern Districts of Alabama as well as the U.S. Bankruptcy Courts for the Northern, Middle and Southern Districts of Alabama. Mr. Walding is a member of the American and Birmingham bar associations; the American Bankruptcy Institute; and the Alabama State Bar. He earned his bachelors degree, cum laude, from Auburn University and his J.D., magna cum laude, from The University of Alabama School of Law.
AGENDA for Alabama Real Estate Law Conference
Held in Birmingham Friday, November 6, 2015 - Birmingham Embassy Suites
8:30 a.m. to 9:30 a.m.
Commercial Lease Provisions and Issues
F. Gerald Burnett - Cabaniss, Johnston, Gardner, Dumas & O’Neal LLP
- Introduction to drafting commercial leases
- Types of leases
- Drafting process
- Commercial lease checklist
- Lease provisions
- Basic lease provisions
9:30 a.m. to 10:30 a.m.
Ethical Considerations for Real Estate Practitioners
C. Ellis Brazeal - Jones Walker LLP
- State Bar Code of Ethics
- Disclosure requirements
- Dealing with unrepresented parties
- Multiple representations during transactions
- Conflicts of interest
10:30 a.m. to 10:45 a.m. MORNING BREAK
10:45 a.m. to 11:45 a.m.
Brian R. Walding - Walding LLC
- Programs and incentives available
- Submitting a loan modification request
- Handling your client’s case
- Negotiating the best possible loan modification
11:45 a.m. to 1:00 p.m. LUNCH (on your own)
1:00 p.m. to 2:00 p.m.
Best Practices for Curing Title Problems
Amelia K. Steindorff - Reynolds, Reynolds & Little
- Litigation solutions
- Non-litigation solutions
- Boundary line adjustments
- Quiet title actions
- Declaratory judgment
- Quitclaim deed
- Party wall and other party agreements
- Monetary settlement and escrow agreements
2:00 p.m. to 3:00 p.m.
Advanced Survey Issues
Jeffrey N. Lucas - ESP Associates, PA
- Types of Surveys
- ALTA Surveys
- Table A Items
- Title vs. Location
- Found Monuments vs. Set Monuments
- Red-Flag Issues
3:00 p.m. to 3:15 p.m. AFTERNOON BREAK
3:15 p.m. to 4:15 p.m.
Foreclosure in Alabama: An In-Depth Walk-Through with Legal Considerations
Jonathan E. Raulston - Engel, Hairston & Johanson, P.C.
- Pre-foreclosure process and documents
- The foreclosure sale: Notices, procedures, and documents
- Post-foreclosure: Wrap-up, deficiency, eviction, and more
- Keys to spotting and handling issues that typically pop up
- Insider tips for smooth foreclosure
4:15 p.m. to 5:15 p.m.
G. Hampton (Trey) Smith, III - Zarzaur &Schwartz, P.C.
- Landlord-tenant law legislative update
- Pre-lease considerations
- Essential pro-active and remedial lease provisions, written vs. oral
- Repairs to make before possession
- Security deposits and personal guarantees: Collecting, retaining, and returning
- Late fees: how much?
- Scanning and qualifying prospective tenants legally
- Can you keep a list of “bad tenants” to share with other landlords?
- Fair credit reporting: What can you use to “qualify” a tenant?
- Fair Housing Act and low income housing programs
- Special circumstances
- Public and subsidized housing, mobile homes
- Statutory protections and differences in notices and timelines
- Eviction process
- Proper notices and timeline for them
- Summary possession and defenses
- Writ of Possession
What your colleagues said about last year’s seminar:
“The presenters were all knowledgeable in their respective subject areas.”
“All topics were useful to my practice.”
“Good job – the topics were super and the content was very informative and useful.”
“The seminar was put together very well.”