Alabama Real Estate Law Conference
Coming to the Embassy Suites Birmingham – Hoover: Friday, November 3, 2017
This event has been approved for 7 hours of CLE (6 hours of GENERAL and 1 hour of ETHICS), as well as 7 hours of continuing education credit for title insurance agents.
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 real estate financing. Virginia Boliek will walk you through the loan process, explain how to negotiate key terms of the loan commitment, and review the preparation of legal opinions.
- Curing title defects. Amelia Steindorff will outline solutions to solve title problems, including corrective deeds or new deeds, releases, affidavits of facts, and other curative instruments.
- Loan modification. Brian Walding will review programs and incentives that are available for loan modification and will offer tips on how to negotiate the best possible loan modification for your client.
- Preceding the closing date. Mary Stewart Nelson Thompson will give pointers to use in making sure to dot the i’s and cross the t’s before the closing date.
- Title litigation. Joshua White will discuss title litigation—including the initiation and pleading requirements, burdens of proof and common defenses, and trial tactics.
- Landlord and tenant law. Trey Smith will give a legislative update of landlord-tenant law, discuss the landlord-tenant relationship from pre-lease considerations to eviction, and touch on issues such as fair credit reporting, the Fair Housing Act, and subsidized housing.
- Ethical considerations. Kevin Gray will explore ethical concerns that arise in the practice of real estate law, including conflicts of interest, the disclosure of defects in property, liability in title examination, and attorney fees.
Your Outstanding Faculty
Virginia S. Boliek is Of Counsel to McGlinchey Stafford PLLC in Birmingham. She has more than 25 years of experience in commercial real estate transactions. Prior to joining McGlinchey Stafford PLLC, she was associate counsel in the commercial mortgage area of the investment department at Protective Life Corporation and an associate in what is now the financial institutions and financial services regulation area at Balch & Bingham LLP. Ms. Boliek graduated, magna cum laude, from the University of Alabama and earned her J.D. degree from the University of Alabama School of Law, where she served on the Alabama Law Review. While in law school, she was also a member of the Order of the Coif and selected as a Hugo Black Scholar. Ms. Boliek is a past president and current board member of BirminghamCREW and a member of the Leadership Council of the Alabama Center for Real Estate (ACRE). She also serves on the Board of Directors of the Charitable Real Estate Foundation, which is affiliated with The Community Foundation of Greater Birmingham.
Kevin Gray is an attorney with Bradley Arant Boult Cummings LLP in Huntsville. His practice includes representing creditors, distressed borrowers, committees, and other stakeholders in bankruptcy litigation and workout proceedings. Mr. Gray also represents borrowers and lenders in complex financing transactions and developers and owners in real estate matters. He has represented clients in medical, office, hotel, government, and retail projects, including negotiating purchase and sale agreements, leases, management agreements, and all forms of agreements dealing with shared ownership, mixed-use, and condominium developments. Mr. Gray earned his B.A. from Lipscomb University and his J.D. degree from the University of Memphis School of Law. He is a member of the American Bar (Real Property, Trust and Estate Law and Business Law sections), Alabama State Bar (Bankruptcy Commercial Law section), Tennessee State Bar (Bankruptcy Law, Real Estate Law) and Huntsville-Madison County Bar associations. Mr. Gray is licensed to practice law in Alabama and Tennessee.
G. Hampton (Trey) Smith, III, 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 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 the 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.
Mary Stewart Nelson Thompson is a member of the Birmingham law firm Fish Nelson & Holden, LLC. Her expertise focuses on corporate law, contracts, insurance, mediation, and real property law. Ms. Thompson leads the law firm’s real property division, which offers legal services such as real estate closings, foreclosures, and evictions. She also leads the law firm’s mediation center, as a civil and appellate mediator on the State Roster for the Alabama Center of Dispute Resolution. Ms. Thompson earned her J.D. from the University of Alabama School of Law. While in law school, she was a member of the John A. Campbell Moot Court Board and was on an award-winning moot court team. Ms. Thompson has also been published in the Law & Psychology Review and served as a managing editor on that law journal. She was also inducted into the Bench & Bar honor society. Prior to law school, Ms. Thompson attended Birmingham-Southern College, where she earned a B.A. with a Distinction in Leadership Studies. Currently, she is a member of the Alabama State Bar Association and Birmingham Bar Association. Ms. Thompson has also served on the Membership Committee of the Birmingham Bar Association, and she frequently volunteers at the Jefferson County District Court Mediation Program.
Brian R. Walding is an attorney with Walding LLC in Birmingham, where his main areas of practice include bankruptcy, creditors’ 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.
Joshua B. White is a partner/shareholder with Stephens Millirons, P.C., in Huntsville and currently manages the Bankruptcy, Eviction and Litigation departments. Mr. White received his B.A. in 2000 from Birmingham-Southern College and his J.D. from the University of Alabama in 2003. He began practicing law in 2003 as a solo practitioner specializing in real estate litigation and joined the firm in 2007. He is licensed to practice law in Alabama as well as Tennessee. He is admitted to practice in Alabama state courts and the U.S. District and Bankruptcy Courts for the Northern, Middle, and Southern Districts of Alabama. Mr. White represents local and national banks, mortgage lenders, and GSEs primarily in the areas of bankruptcy, ejectment/eviction, and related real estate/title litigation. He has also represented several national title insurance companies in title claim litigation and resolution. He has served as the Huntsville Madison County Bar Association Fee Dispute Committee Chair from 2013 until the present.
AGENDA for Alabama Real Estate Law Conference
Friday, November 3, 2017
Drafting Documents to Cure Defects
8:30 a.m. to 9:30 a.m.
Amelia K. Steindorff
Reynolds, Reynolds & Little, LLC
- Corrective deeds/new deeds
- Releases and satisfactions of mortgages
- Affidavits of facts
- Additional curative instruments
9:30 a.m. to 10:30 a.m.
Stephens Millirons, PC
- Common title issues
- How title issues arise
- Initiation and pleading requirements
- When title issues are typically discovered
- Burdens of proof and common defenses
- Defenses, strategies, and tactics
10:30 a.m. to 10:45 a.m.
Preceding the Closing Date
10:45 a.m. to 11:45 a.m.
Mary Stewart Nelson Thompson
Fish Nelson & Holden, LLC
- Opening the closing: How to get started
- Review of the sale agreement
- Insured closing letters vs. a title policy
- Coordinating a settlement date and items not to be forgotten
- The reports arrive: Reading payoff letters, tax searches, and other data
- Receipt of closing package from the lender
- Circulation of documents for approval prior to the closing
- Other documents involved
- Example checklists
LUNCH (on your own)
11:45 a.m. to 1:00 p.m.
1:00 p.m. to 2:00 p.m.
- Programs and incentives available
- Submitting a loan modification request
- Handling your client’s case
- Negotiating the best possible loan modification
The Mechanics of Commercial Real Estate Financing
2:00 p.m. to 3:00 p.m.
Virginia S. Boliek
McGlinchey Stafford PLLC
- Pros and cons of the different finance options
- Key regulatory issues and how lenders are handling them
- Walk-through of the loan process
- Negotiating key terms of the loan commitment
- Recourse vs. non-recourse; guarantees
- Preparing and reviewing loan documents
- Loan commitment and loan closing due diligence
- Preparing legal opinions
3:00 p.m. to 3:15 p.m.
3:15 p.m. to 4:15 p.m.
Bradley Arant Boult Cummings LLP
- Conflicts of interest
- Disclosure of defects in property
- Liability in title examinations
- Attorney fees
Residential Landlord-Tenant Law
4:15 p.m. to 5:15 p.m.
G. Hampton (Trey) Smith, III
- 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:
“Great speakers—very knowledgeable. It made an otherwise boring subject interesting.”
“All of the speakers were willing to answer questions after their presentations.”
“The information was very relevant to my practice.”
“All topics were useful to my practice.”
“Very good seminar.”