2014 Tennessee Real Estate Law Conference: Materials Only
Held in Nashville Friday, December 12, 2014
Your materials from the 2014 Tennessee Real Estate Law Conference are now ready to order!
- Title insurance issues and new endorsements
- Commercial development and financing
- Advanced foreclosure issues
- Liens against real property
- “Hot” topics in real estate practice
- Ethical considerations in real estate law
- Real estate case law/legislative update
- Kim A. Brown, Sherrard & Roe PLC
- Joshua R. Denton, Gullett Sanford Robinson & Martin PLLC
- Robert C. Goodrich Jr., Stites & Harbison PLLC
- Linda W. Knight, Gullett Sanford Robinson & Martin PLLC
- David Wilson Long, Long, Ragsdale & Waters, P.C.
- Madison L. Martin, Stites & Harbison PLLC
- William L. (Billy) Rosenberg, First American Title Insurance Company
The Tennessee Real Estate Law Conference packed 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 development and financing. Kim Brown 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 transactions.
- Advanced foreclosure issues. Bob Goodrich discusses some of the most difficult issues that arise during a foreclosure proceeding, as well as post-foreclosure issues, such as property preservation and eviction problems.
- Title insurance. Billy Rosenberg will review several of the new title insurance endorsements that affect both residential and commercial real estate law.
- New mortgage rules and “hot” topics. Madison Martin explains the impact of the new mortgage rules, which beginning on January 10, changed the ability-to-repay/qualified mortgage and mortgage servicing rules.
- Liens against real property. Linda Knight will review the various liens that can arise in a real estate transaction and will offer tips on the perfection and enforcement of these different types of liens.
- Ethical concerns. David Wilson Long delves into ethical considerations that real estate attorneys must watch for in areas such as the use of social media and the “Cloud,” legal fees, and conflicts of interest.
- Update. Joshua R. Denton will update attorneys on the latest appellate court cases and legislation in the real estate law area.
Your Outstanding Faculty
Kim 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® and was named 2015 “Lawyer of the Year” by Best Lawyers in America® in the area of Real Estate Law. He has also been selected by Chambers USA as one of America’s Leading Lawyers in the area of Real Estate Law (2007-2014); he was selected for inclusion in Super Lawyers in the area of Real Estate (2007-2013); he was named by Business Tennessee Magazine one of the 150 Best Lawyers in Real Estate (2005-2009); and he was named by the Nashville Business Journal as “Best of the Bar” in Real Estate (2003-2004 and 2011-2014).
Joshua R. Denton, with Gullett Sanford Robinson & Martin PLLC in Nashville, is a member of the firm’s Litigation Section. He routinely represents clients in complex commercial litigation involving business torts, breach of contract claims, real estate disputes, land use planning and zoning matters, and intellectual property disputes. In addition, over the course of his career, he has handled complex electronic discovery matters, antitrust and trade practices litigation, debtor/creditor relations and bankruptcy proceedings, trust and estate litigation, and class action litigation. He has represented clients in jury and bench trials, appeals, arbitrations, mediations, and before numerous zoning authorities. Mr. Denton also counsels clients – ranging from entrepreneurs and churches to large corporate entities – on a variety of topics, including real estate matters, organizational and governance issues, and policies and procedures. He is currently serving as the Co-Chair of the Nashville Bar Association’s Chancery and Circuit Courts Committee, and also is a member of the Real Estate and Federal Courts Committees. In addition, he serves as a member of the Board of Directors for the Nashville Conflict Resolution Center. He also is a member of the Board of Directors of the Heritage Foundation of Franklin and Williamson County, as well as its Next Generation Board of Directors, both of which promote historic preservation in downtown Franklin, Tennessee. Mr. Denton regularly speaks throughout Tennessee and Kentucky on a variety of topics, including real estate, zoning and land use planning, electronic discovery, social media, ethics and alternative dispute resolution.
Robert C. Goodrich, Jr., is a member of Stites & Harbison PLLC in Nashville, and for over 30 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 assists in the formation of complex financial transactions with a view toward the consequences of insolvency. He speaks at seminars in the areas of bankruptcy, collection, and foreclosure law. He serves as a Director of the Mid-South Commercial Law Institute. Mr. Goodrich has been listed in Best Lawyers in America® (1995-2014) for Bankruptcy and Creditor-Debtor Rights Law/Insolvency and Reorganization Law and Litigation – Bankruptcy and was recognized by ChambersUSA, “America’s Leading Lawyers for Business” (2008-2014). He has also been named by Mid-South Super Lawyers® as one of the Top 50 Lawyers in Nashville and one of the Top 100 Lawyers in Tennessee.
Linda Whitlow Knight, with Gullett Sanford Robinson & Martin PLLC in Nashville, practices in the areas of bankruptcy and commercial law, litigation and general business counseling. Her experience includes corporate reorganizations, avoidance actions and other adversary litigation and contested matters, receivership proceedings in state and federal court, and the purchase and sale of assets in and out of bankruptcy. In bankruptcy cases, she represents business debtors (both individuals and entities), secured and unsecured creditors, lessors, creditors’ committees, purchasers of assets, and trustees in reorganization and liquidation bankruptcies. In addition to work in bankruptcy cases, Ms. Knight negotiates and documents out-of-court or informal workouts and debt compositions. She works with clients to analyze and implement alternatives to bankruptcy, which can result in cost savings and can be a better way, in a particular matter, to preserve assets and continue the client’s commercial viability. Ms. Knight has assisted both lenders and borrowers in renegotiating bank loans and covenants, revising debt instruments, and working out vendor payment plans, as well as in restructuring her clients’ businesses. She has participated in successful mediations in bankruptcy and commercial cases. From 2006 through 2010, she was a founding member of the Tennessee Ethics Commission, appointed by the Speaker of the House. The Commission governs lobbying, financial disclosure by public officials, and other related issues. In addition to the Tennessee governmental ethics statute, she acquired expertise with the Tennessee Public Meetings Act, Open Records Act and Administrative Procedures Act. From 1998 to 2004, she served on the Tennessee Economic Council on Women, appointed by the Governor, and was Secretary during her entire tenure. Ms. Knight has produced and spoken at numerous continuing legal education programs. She served as a law clerk to Tennessee Supreme Court Justice Frank F. Drowota. As such, she participated in the preparation of Supreme Court opinions. For the first four years of her practice, she was an associate with the Birmingham, Alabama, firm of Balch & Bingham LLP. She is a member of Phi Beta Kappa.
David Wilson Long, with Long, Ragsdale & Waters in Knoxville, concentrates his practice in the areas of commercial transactions, real estate development, loan transactions, business entity matters and general business law. Mr. Long is active in the emerging areas of resort law and conservation easements, representing several land trusts, as well as landowners and their banks. Mr. Long represents a company’s general business needs, including drafting and reviewing contracts and organizational and related company documents. He handles company finance, traditional loans, TIF loans, bond financing and private equity investments/financing for a variety of entrepreneurs and established businesses. His expertise extends to projects using conservation easements. He also examines certain securities-related issues. His clients include numerous national, regional and community banks and real estate developers of shopping centers, residential properties, resorts, office buildings and apartments. He represents homeowner associations and parties involved in real estate disputes. Mr. Long is also active in the arenas of health care organizations, restaurant chains, oil and gas transactions, and related mergers and acquisitions. He is often asked to be an expert witness in civil litigation in the subject areas of real estate, real estate finance and legal ethical considerations in transactional matters. Mr. Long was chairman of the Real Estate Law Section of the Tennessee Bar Association from 1992 to 1993, and he serves on the “Mortgages and Other Debt Financing Committee” of the American Bar Association Real Property, Trust and Estate Section. Mr. Long has been chosen for more than 15 years to be listed in Woodward/White’s The Best Lawyers in America® and was named The Best Lawyers’ Knoxville “Real Estate Lawyer of the Year” in 2013. He has been selected for the Mid-South Super Lawyers, a rating service and digital magazine. Knoxville Cityview Magazine also has selected him for its Best Lawyers List.
Madison L. Martin became an associate in the Nashville office of Stites & Harbison PLLC after practicing law in Delaware for several years with a focus on bankruptcy and general commercial litigation. She is a member of the Creditors’ Rights & Bankruptcy Service Group. Ms. Martin’s experience concentrates on commercial bankruptcy matters, including the representation of secured and unsecured creditors, including, but not limited to, financial institutions, trade vendors, committees, landlords, defendants in preference actions, and parties involved in out-of-court restructurings 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. Following her graduation from law school, she served as a judicial law clerk for Judge Milton I. Shadur of the U.S. District Court for the Northern District of Illinois. From 2000-2004, she 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. She has worked on a pro bono basis, in significant consumer bankruptcy and family law matters, including representing disabled debtors, obtaining protective orders for domestic abuse victims, and representing adoptive parents in adoption proceedings. She also coordinates fund raising activities for community non-profit organizations dedicated to assisting victims of physical violence. She also serves as a Director on the Board of Morning Star Sanctuary, a local non-profit shelter for domestic abuse victims.
William L. (Billy) Rosenberg is senior underwriter and counsel for the National Commercial Services offices in Memphis and Nashville of First American Title Insurance Company. He has been in the title insurance industry since 1994 after more than twenty years in private practice concentrating in real estate and finance. Mr. Rosenberg received his B.A. degree from the University of Pennsylvania and his J.D. degree from Duke University. He is a member of the Nashville (past chair, Real Estate Law Committee) and Tennessee Bar Associations, and is a past president of the Tennessee Land Title Association.
8:00 a.m. to 9:00 a.m.: Review of Title Insurance Issues and New Endorsements
William L. (Billy) Rosenberg, First American Title Insurance Company
Mr. Rosenberg, with First American Title Insurance, will review several of the new title insurance endorsements that affect both residential and commercial real estate law. One size does not fit all and endorsements are commonly employed to tailor the policy so that it will address more precisely the specific transactions involved. These endorsements can expand coverages, reduce or eliminate exclusions, and modify the conditions contained in the policy.
9:00 a.m. to 10:00 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.
10:00 a.m. to 10:15 a.m.: Morning Break
10:15 a.m. to 11:45 a.m.: Advanced Foreclosure Issues
Robert C. Goodrich Jr., Stites & Harbison PLLC
Mr. Goodrich will discuss some of the most difficult issues that arise during a foreclosure proceeding, including:
- Loss mitigation solutions
- Pitfalls in foreclosure proceedings
- Complicated priority disputes
- Effects of bankruptcy on foreclosure
- Post-foreclosure issues
- Securing the property
- Property preservation issues
- Liability for homeowner’s dues, taxes, etc.
- Eviction problems – tenanted and untenanted
11:45 a.m. to 1:00 p.m.: Lunch (on your own)
1:00 p.m. to 2:00 p.m.: Real Estate Law Update: Recent Cases and New Statutes
Joshua R. Denton, Gullett Sanford Robinson & Martin PLLC
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.
2:00 p.m. to 3:00 p.m.: Ethical Considerations in Real Estate Law
David Wilson Long, Long, Ragsdale & Waters, P.C.
- Current “hot topics,” including use of social media and the “Cloud”
- Tennessee Rules of Professional Conduct
- Legal fees
- Limitation on scope of representation
- Knowledge to handle client representation
- Communication with clients and timely performance
- Conflict of interest, multiple client representation, and conflict waivers
- Multi-jurisdictional law practice
3:00 p.m. to 3:15 p.m.: Afternoon Break
3:15 p.m. to 4:15 p.m.: Liens Against Real Property: Perfection and Enforcement Thereof
Linda W. Knight, Gullett Sanford Robinson & Martin PLLC
Ms. Knight will review the various liens that can arise in a real estate transaction and will offer tips on the perfection and enforcement of these different types of liens, such as:
- State, county and municipal property tax liens
- Federal tax liens
- Judgment liens
- Mechanics’ and materialmen’s liens
- Foreclosures and other enforcement procedures
- Deeds of trust, collateral assignments of leases and rents, and mortgages
- Other liens that impact real property
4:15 p.m. to 5:15 p.m.: Impact of CFPB Mortgage Rules and Other “Hot” Topics in Real Estate Practice
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, which took effect on January 10, clarified and changed the ability-to-repay/qualified mortgage and mortgage servicing rules. Ms. Martin will discuss the impact of the new rules on consumers and will look at other “hot” topics that real estate practitioners are facing in 2014 and beyond.