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2013 Tennessee Real Estate Law Conference: Materials Only

2013 Tennessee Real Estate Law Conference: Materials Only

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2013 Tennessee Real Estate Law Conference: Materials Only

Held on Friday, October 4, 2013


Order your materials from the 2013 Tennessee Real Estate Law Conference!

Highlights Included:

  • Commercial development and financing
  • Work-out for troubled real estate loans
  • Post-foreclosure deficiency suits
  • Curing title defects
  • New mortgage rules
  • Environmental concerns
  • Ethical considerations in real estate law
  • Real estate case law/legislative update



Outstanding Faculty:

  • Kim A. Brown, Sherrard & Roe PLC
  • Joshua R. Denton, Bass, Berry & Sims PLC
  • Robert C. Goodrich Jr., Stites & Harbison, PLLC
  • Mary Beth Hagan, Hagan & Farrar, PLLC
  • Brian E. Humphrey, Miller & Martin PLLC
  • Sean C. Kirk, Bone McAllester Norton PLLC
  • Madison L. Martin, Stites & Harbison PLLC
  • Lars E. Schuller, Lewis, King, Krieg & Waldrop, PC

Your Outstanding Faculty

Kim BrownKim A. Brown is a member of Sherrard & Roe PLC in Nashville. Mr. Brown’s practice focuses in the area of commercial transactions, including real estate finance and development, leasing, and public and private finance. He is a member of the Nashville Bar Association, the Tennessee Bar Association, and the American Bar Association, with memberships in the business law and real property sections. He is a frequent lecturer for professional and industry groups and organizations on issues related to real estate finance and development, public and private finance and general business transactions. He is listed in The Best Lawyers in America®.

Josh DentonJoshua R. Denton is a member of the Bass, Berry & Sims’ Litigation Department in Nashville. He represents clients in complex commercial litigation involving business torts, breach of contract claims, intellectual property, real estate disputes, and land use planning and zoning matters. He routinely counsels churches on a variety of subjects, including real estate, church organizational and governance issues. He also handles complex e-discovery, antitrust and trade practices matters, and class action litigation. He has represented clients in jury and bench trials, appeals, arbitrations and mediations. In addition to serving on the firm’s Real Estate and Construction Industry Group leadership team, Mr. Denton has acted as Practice Leader for the firm’s Real Estate Litigation Group. He also has served as a speaker on real estate litigation, ethics, antitrust compliance and alternative dispute resolution. Prior to joining Bass, Berry & Sims, Mr. Denton practiced with Stoll, Keenon & Park, LLP in Louisville, Kentucky.



GoodrichRobert C. Goodrich, Jr. is a member of Stites & Harbison PLLC in Nashville, and for more then 25 years, he has represented creditors, creditors’ committees, landlords, and other interested parties in bankruptcy and insolvency related matters in state and federal courts. In 1994, Mr. Goodrich was designated by the American Bankruptcy Board of Certification and the State of Tennessee as a specialist in business bankruptcy. Mr. Goodrich has been listed in Best Lawyers in America® (1995-2013) for Bankruptcy and Creditor-Debtor Rights Law / Insolvency and Reorganization Law and Litigation - Bankruptcy; was listed among the Nashville Business Journal’s Best of the Bar in 2004, 2006, 2007, 2008, 2009, 2011 and 2012; was named in the Mid-South Super Lawyers magazine (2006-2012) and was named in that magazine’s Top 50 Lawyers in Tennessee for 2012 and Top 100 Lawyers in Tennessee for 2008, 2010, 2011 and 2012; was recognized by ChambersUSA, “America’s Leading Lawyers for Business” (2008-2013); and was listed as one of the 150 Best Lawyers in Tennessee by Business Tennessee magazine (2007, 2008 and 2010). Mr. Goodrich assists in the formation of complex financial transactions with a view toward the consequences of insolvency. Mr. Goodrich speaks at seminars in the areas of bankruptcy, collection, and foreclosure law. He has served as a Director of the Mid-South Commercial Law Institute and as the chairperson of the local rules subcommittee for the bankruptcy section of the Nashville Bar Association, during which time he participated in a substantial revision of the Local Rules of Bankruptcy Procedure in the Middle District of Tennessee.

HaganMary Beth Hagan, with Hagan & Farrar PLLC in Murfreesboro, is an experienced litigator who focuses her practice assisting clients in the construction industry, advising small to medium sized business owners and managers, and representing clients with real estate or other civil legal matters. Ms. Hagan began her practice in a large law firm in downtown Nashville and has spent years advocating for a wide range of players in the construction industry. She has experience representing contractors, subcontractors, suppliers, small to medium-sized business owners, homeowners, and commercial property owners. Ms. Hagan is the first female to serve as Chair of the Tennessee Bar Association’s Construction Section and to serve on the Board of the Tennessee Association of Construction Counsel – an organization for attorneys who devote much of their time to this industry. Likewise, Ms. Hagan is active in the American Bar Association’s Forum on the Construction Industry. She routinely speaks for these organizations on issues important to the construction industry. Ms. Hagan has been a trained arbitrator with the American Arbitration Association since 2009. She is currently trained as an arbitrator on the Commercial Fast-Track and Consumer Panel. In 2011, Ms. Hagan was honored with the Richard F. Laroche Pro Bono Award by the Rutherford/Cannon County Bar Association for her work representing those who cannot afford legal services.

HumphreyBrian E. Humphrey is a member of the Chattanooga office of Miller & Martin PLLC and concentrates his practice in the areas of environmental law and real estate. He has provided legal counsel to clients for 25 years on numerous matters including underground storage tank issues, representation at federal and state superfund sites, real estate transactions requiring development of environmental provisions in purchase and sale agreements, and review of Phase I and Phase II Environmental Site Assessment reports. He has drafted and negotiated environmental provisions for corporate acquisitions and mergers agreements for both domestic and international transactions. He has assisted clients in responding to Requests for Information from the EPA in connection with Superfund site investigations and determining reporting responsibilities under the Toxic Substances Control Act. He is listed in The Best Lawyers in America®, 2013 Edition.



KirkSean C. Kirk, with Bone McAllester Norton PLLC in Nashville, helps businesses resolve disputes and maximize the return on their dealings with other individuals and companies. He concentrates his practice on commercial litigation, secured transactions, collections, and creditors’ rights matters. He also represents clients in a variety of litigation matters arising in state, federal or bankruptcy court. His broad range of clients include institutional lenders and financiers, real estate and equipment lessors, and electronic payment processing companies involved in a variety of industries. Mr. Kirk defends his clients against preference and avoidance actions and is actively involved with representing his creditor clients’ rights in bankruptcy proceedings across the United States. He also represents his clients in all facets of bankruptcy litigation, including “first day” motions, critical vendor motions, stay relief motions, discharge and dischargeability actions, the assumption/rejection of contracts and litigation related to confirmation of a debtor’s proposed plan of reorganization. He also manages multi-jurisdictional litigation on behalf of his clients across the United States. A significant portion of his practice also involves commercial loan workouts and representation of secured lenders in commercial foreclosure and deficiency actions.


Madison MartinMadison L. Martin is a Member of Stites & Harbison PLLC in its Nashville office. She is a member of the Creditors’ Rights & Bankruptcy Service Group whose practice focuses on commercial collections and bankruptcy matters, representing secured and unsecured creditors, including but not limited to financial institutions, mortgage servicers, trade vendors, committees, landlords, plaintiffs and defendants in avoidance actions, and parties involved in out of court workouts and distressed asset sales. She has significant experience representing financial institutions throughout the loan transaction process, including loan documentation and renewals, as well as loan re-works and reorganizations. Ms. Martin is a regular author and guest speaker on topics related to bankruptcy, post-judgment collections strategy, foreclosures, ethics, and workouts. She was named as a Rising Star by Mid-South Super Lawyers for 2010-2013. Before joining Stites in 2004, Ms. Martin practiced bankruptcy law and commercial litigation in Delaware and has substantial experience representing both debtors and creditors in large Chapter 11 cases and adversary proceedings. Ms. Martin has also worked on numerous pro bono matters including consumer bankruptcy, employment law, family law, and criminal defense matters, and obtaining protective orders for domestic abuse victims. She serves as a volunteer, educator, frequent speaker and Director on the Board of Morning Star Sanctuary, a local non-profit organization dedicated to assisting victims of domestic violence.


SchullerLars E. Schuller joined Lewis, King, Krieg & Waldrop PC as special counsel in 2006 as manager of the firm’s Sevierville office. He now practices in the firm’s Knoxville office, principally in the areas of real estate litigation, real estate title law, real estate transactions, and related matters. He has successfully defended sellers, title agencies, title insurance companies, and flood data providers in real estate misrepresentation actions and has successfully prosecuted actions to remedy title defects on behalf of owners and lenders. His litigation experience includes matters involving issues of contract, tort, professional liability, construction law, products liability, premises liability, fraud, insurance coverage, governmental liability, employment law, real estate title and boundary disputes, rights of landlord and tenant, eminent domain, inverse condemnation, and real estate agents. Mr. Schuller’s transactional real estate law practice includes title examinations of industrial, commercial, and residential properties; producing title opinions and title insurance; all aspects of real estate closings, including drafting deeds and other instruments; settlement; and representation of buyers, sellers, banks, credit unions and other lenders. He is a licensed title insurance producer and writes title insurance for First American Title Insurance Company. He also represents secured creditors in foreclosure and bankruptcy proceedings. Mr. Schuller has served as a faculty member for Sterling Education Services and the National Business Institute, and has authored written materials for and/or lectured at continuing education seminars for attorneys and other licensed professionals.

2013 Tennessee Real Estate Law Conference: Materials Only


8:00 a.m. to 9:00 a.m.: Commercial Development and Financing
Kim Brown
Sherrard & Roe, PLC

This presentation touches on many of the issues which may be encountered in a typical commercial real estate transaction — including site identification and selection; professional representation, including attorneys, professional consultants, and real estate brokers; strategies for tying up a site, including agreement preparation and negotiation, use of letters of intent and options, and negotiation and preparation of purchase and sale agreements; choice of entity for the buyer; tax consequences; due diligence issues; and financing and logistics of closing a transaction. Mr. Brown, a regular presenter at this seminar, touches on many of the aspects of a commercial real estate transaction by looking at resources and samples of documents that help to address the various aspects of the transaction.

9:00 a.m. to 10:00 a.m.: Ethical Considerations in Real Estate Law
Lars E. Schuller
Lewis, King, Krieg & Waldrop, PC

  • Avoiding malpractice
  • Conflicts of interest
  • Multiple representation
  • Due diligence and duty to disclose
  • Attorney fees

10:00 a.m. to 10:15 a.m.: MORNING BREAK

10:15 a.m. to 11:15 a.m.: Real Estate Law Update: Recent Cases and New Statutes
Joshua R. Denton
Bass, Berry & Sims PLC

This interactive session is designed to educate practitioners about the most-recent developments and trends in Tennessee real estate law, with a focus on recent Tennessee appellate court decisions and Tennessee statutes enacted during the prior year.

11:15 a.m. to 12:15 p.m.: Working out Troubled Real Estate Loans: Your Toolbox
Robert C. Goodrich Jr.
Stites & Harbison, PLLC

  • Pre-negotiation
  • Forbearance
  • Deed in lieu of foreclosure
  • Loan modification
  • Discounted payoffs

12:15 p.m. to 1:30 p.m.: LUNCH (on your own)

1:30 p.m. to 2:15 p.m.: Environmental Concerns at Brownfield Properties
Brian E. Humphrey
Miller & Martin PLLC

  • What is a brownfield property?
  • Why redevelop brownfield properties?
  • Liability for historic contamination
  • Tennessee Brownfield Program
  • Financing issues and lender concerns
  • Long term risks and costs

2:15 p.m. to 3:15 p.m.: Impact of the New Mortgage Rules
Madison L. Martin
Stites & Harbison, PLLC

The Dodd-Frank Act imposed new requirements on mortgage servicers and gave the Consumer Financial Protection Bureau (CFPB) the authority to implement the new requirements and to adopt additional rules to protect consumers. The new CFPB rules, most of which take effect January 10, 2014, change the ability-to-repay rule, the “qualified mortgage” rule and related mortgage servicing rules and they collectively change the game for both mortgage originators and servicers (and their lawyers). Ms. Martin will give an overview of the new rules and lead a discussion of their impact on consumers, lenders and other market participants.

3:15 p.m. to 3:30 p.m.: AFTERNOON BREAK

3:30 p.m. to 4:15 p.m.: Pursuing Deficiency Judgments after a Foreclosure Sale in Light of GreenBank v. Sterling Ventures LLC
Sean C. Kirk
Bone McAllester Norton PLLC

  • Background on prior “grossly inadequate” standard
  • Background on TCA 35-5-118
  • Facts of GreenBank decision
  • Analysis of court ruling in GreenBank and “materially less” standard
  • Impact of the court’s decision – what should lenders do?

4:15 p.m. to 5:15 p.m.: Top 10 Title Defects and How to Cure Them
Mary Beth Hagan
Hagan & Farrar, PLLC

  • Break in the chain of title
  • Rights of third parties
  • Mortgage-related defects
  • Easement/encroachments/setback issues
  • Legal description errors
  • Foreclosure issues
  • Estate issues
  • Judgments and liens
  • Unpaid taxes
  • Fraud and forgery
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