2015 Tennessee Real Estate Law Conference - Materials Only
Held in Nashville Friday, October 30, 2015
Order your conference materials today!
This in-depth seminar offered an insider’s perspective on the most significant recent developments in Tennessee real estate law.
Learn the very latest about the laws, decisions, and developments affecting your practice and your clients:
- Drafting commercial leases
- Commercial development and financing
- Mechanics’ and materialmen’s liens
- Commercial foreclosure issues
- “Hot” topics in title insurance
- Consumer mortgages and the impact of the new CFPB rules
- Ethical considerations in real estate law
- Real estate case law/legislative update
- Kim A. Brown, Sherrard & Roe PLC
- Christopher S. Dunn, Waller, Lansden, Dortch & Davis, LLP
- Robert C. Goodrich Jr., Burr & Forman LLP
- Lisa K. Helton, Sherrard & Roe PLC
- Zachary Miller, Burr & Forman LLP
- C. Palmer Pillans, Butler Snow LLP
- Marcy E. Shelton, Reno & Cavanaugh
- Wes Turner, Gullett Sanford Robinson & Martin PLLC
- Dudley M. West, White & Reasor, PLC
The Tennessee Real Estate Law Conference packed one day with leading authorities, and delivered critical law practice guidance on the hottest topics and some of the most complex issues you’ll face.
- Commercial development and financing. Kim Brown touched 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.
- Construction liens. Chris Dunn focused on issues that arise under Tennessee’s Construction Lien Act.
- Title insurance. Marcy Shelton reviewed “hot topics” in title insurance, such as title endorsements, limitations of the warranties in a mortgage or a deed, and risks that title insurance covers.
- Consumer mortgages. Zach Miller explained the impact of the new CFPB mortgage rules and gets you up-to-date on their implementation.
- Commercial foreclosure issues. Bob Goodrich discussed some of the most difficult issues that arise during a commercial foreclosure proceeding, as well as post-foreclosure issues, such as property preservation and eviction problems.
- Commercial leases. Palmer Pillans offered drafting tips which will prevent disputes and plug “legal loopholes.”
- Ethical concerns. Lisa K. Helton and Dudley M. West presented ethical scenarios that real estate attorneys must watch for in order to stay within ethical boundaries.
- Update. Wes Turner covered 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 has been listed in The Best Lawyers in America® since 2005 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 (2007-2015); he was selected for inclusion in Super Lawyers in the area of Real Estate (2007-2014); 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).
Christopher S. Dunn practices with Waller Lansden Dortch & Davis, LLP, in Nashville. Owners and developers with sophisticated construction projects appreciate that Mr. Dunn has the transactional and litigation experience to handle all aspects of the project, from the creation of a custom design and construction agreements to creative and efficient dispute resolution. Mr. Dunn is recognized as an industry leader and recently completed his term as the Chair of Division 12 (Owners and Lenders) of the American Bar Association's Forum on the Construction Industry, an organization of construction professionals with over 6,000 members. In 2014, Mr. Dunn was selected by his peers to serve on the twelve-person Governing Committee for the Forum, a three-year commitment that began in August 2014. Best Lawyers in America® has recognized Mr. Dunn for his work in the construction law field since 2007. Mr. Dunn was named 2013 “Lawyer of the Year” by Best Lawyers in America® for construction law. Additional recognition for his work includes being rated "A-V Preeminent" by Martindale-Hubbell, selection to the American Arbitration Association's Construction Neutrals Panel, induction as a Fellow of the Nashville Bar Foundation, and being named to the Nashville Business Journal's "Best of the Bar."
Robert C. Goodrich, Jr., is a member of Burr & Forman LLP 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. Since 1993, Mr. Goodrich has been designated by the American Bankruptcy Board of Certification 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® (1995-2015) 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” (2008-2015). 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.
Lisa K. Helton is a member of Sherrard & Roe, PLC, in Nashville. Ms. Helton’s practice areas include estate and trust litigation, appellate practice, general and commercial litigation, landlord/tenant law, representation of homeowners’ associations, homeowners’ association disputes, and tax litigation and controversy. She was selected for inclusion in Super Lawyers 2012-2014 (Estate and Trust Litigation) as a “Mid-South Rising Star.” She was named a Nashville Post Law Leaders Rising Star in 2012, and she was named by The American Society of Legal Advocates as a “Top 40 Litigation Lawyer Under 40” in the State of Tennessee for 2013-2015. She was also selected as a Woman of Outstanding Leadership by the International Women’s Leadership Association in 2015. Ms. Helton graduated summa cum laude with a 4.0 from The University of Tennessee, Knoxville, where she was admitted to the College Scholars program and deemed a top graduate in the College of Arts and Sciences: Social Sciences. In 2004, Ms. Helton received a J.D., magna cum laude, with a concentration in advocacy and dispute resolution, from the University of Tennessee College of Law. Ms. Helton was Order of the Coif, Phi Beta Kappa, Phi Kappa Phi, president of UT Law Women and a member of the Tennessee Law Review. Prior to joining the firm, Ms. Helton served as judicial law clerk to the Honorable William C. Koch Jr., Tennessee Court of Appeals, Middle Section. Ms. Helton is a member of the Board of Directors, CLE Committee Vice Chair, and Middle Division CLE Captain of the Young Lawyers Division of the Tennessee Bar Association (2014-2015).
Zachary Miller is a member of Burr & Forman LLP’s Financial Services Litigation Group in Nashville. His practice focuses on consumer finance litigation defending financial institutions such as banks, mortgage lenders, credit card companies and debt buyers/collectors on a number of issues. He is an associate in the firm's financial services litigation practice group, where he defends financial institutions such as banks, mortgage lenders, credit card companies, auto finance companies and debt buyers/collectors in consumer lawsuits filed under various state and federal laws, including the Truth-in-Lending Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Equal Credit Opportunity Act. He serves as a member of Burr & Forman's Recruiting Committee and has been recognized as a "Rising Star" by Super Lawyers from 2011-2014. He is also a contributing author to the firm’s “Consumer Finance Litigation Blog.” While specializing in consumer finance litigation, Mr. Miller also handles numerous general commercial litigation matters. He is a member of the Tennessee, Alabama and Florida State Bar. Mr. Miller serves as a Young Lawyer Liaison for the Debt Collection and the Bankruptcy Subcommittee of the American Bar Association's Consumer Financial Services Committee and he is also a graduate of the TIPS/ABOTA National Trial Academy. Mr. Miller earned his J.D., cum laude, in 2008 from Indiana University School of Law, Indianapolis, where he served as Editor-in-Chief of the Indiana International & Comparative Law Review.
C. Palmer Pillans, with Butler Snow LLP in Nashville, is an AV-rated attorney and focuses his practice on commercial lending and debt financing, mergers and acquisitions, and real estate development and finance. Mr. Pillans provides lending and business advice to lenders and borrowers in the areas of commercial lending, loan documentation and syndicated finance. He has substantial experience in every aspect of commercial real estate, including acquisitions and sales, financing, development, land use, construction, leasing and property management. Mr. Pillans earned his B.A. in Mathematics from Vanderbilt University in 1989, his J.D., magna cum laude, from the University of Tennessee School of Law in 1996, and his M.B.A. from the University of Tennessee in 1996.
Marcy E. Shelton currently practices law with the Nashville office of Reno & Cavanaugh, a national law firm which began in Washington, D.C. over 40 years ago with a mission to strengthen communities across the country through real estate and financial transactions, economic development and affordable housing.
For more than two decades, Marcy has represented individuals, families and business owners in commercial transactions of all sizes, including acquisitions and loans for hotels, multi-family projects and shopping centers. Marcy’s client base includes landlords and tenants and companies who have developed condominium regimes in Tennessee.
Wes Turner, with Gullett Sanford Robinson & Martin PLLC in Nashville, dedicates his practice to helping individuals, lending institutions, non-profits, and businesses with legal needs pertaining to real estate. His practice includes sale and loan closings, residential and commercial development, title insurance, shopping centers, offices, warehouses and other income producing properties, leasing and restructuring and foreclosure. Mr. Turner serves as an instructor at the Nashville School of Law in the area of mortgage law. He is listed in The Best Lawyers in America® for Land Use and Zoning Law and Real Estate Law and is listed in Mid-South Super Lawyers for Real Estate Law.
Dudley West is a member of White & Reasor, PLC in Nashville, where his practice areas include business litigation and real estate litigation and transactions. He earned his undergraduate degree, Phi Beta Kappa, from the University of the South, and his law degree from Vanderbilt University. Following law school, he served as law clerk to Chief Justice William J. Harbison of the Tennessee Supreme Court. Mr. West is a former Chairman of the Litigation Section of the Tennessee Bar Association and a former member of the Hearing Committee of the Board of Professional Responsibility for the Tennessee Supreme Court. He is a Fellow of the Nashville and Tennessee Bar Associations and a member of the Florida Bar.
8:00 a.m. to 9:00 a.m.
Commercial Development and Financing
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.
Real Estate Law Update: Recent Cases and New Statutes
Gullett Sanford Robinson & Martin PLLC
This 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.
10:00 a.m. to 10:15 a.m. MORNING BREAK
10:15 a.m. to 11:15 a.m.
Construction Lien Law
Waller Lansden Dortch & Davis, LLP
If you represent general contractors, subcontractors, material suppliers, lenders, or homeowners in your practice, you have to be up-to-date on Tennessee’s Construction Lien Act.
- Mechanics’ and materialmen’s liens
- Notice of nonpayment/remote contractors
- What is lienable?
- Notices of completion
- Removal of expired liens
- Architects & engineers
- Judicial review
- Escrow accounts – retainage
- Remote contractor lien prevention/project payment bond
- Continuing owner/lender defensive lien act tools after 2007 and 2008 amendments
11:15 a.m. to 12:15 p.m.
Hot Topics in Title Insurance
Marcy E. Shelton
Reno & Cavanaugh
As a real estate practitioner, knowing the ins and outs of title law is not optional. Being able to identify, analyze and cure common defects is a vital part of your practice, and one that comes with an assortment of liabilities and pitfalls. Ms. Shelton will walk you through some “hot topics” in title insurance issues.
- The difference between marketable and insurable title
- Limitations of the warranties in a mortgage or deed
- Risks that title insurance covers
- Recognizing title search and abstract problems
- Title endorsements
- Title insurers’ grounds for denying coverage on issued policies
- Insurer’s obligations
- Commitment vs. the underlying title
12:15 p.m. to 1:30 p.m. LUNCH (on your own)
1:30 p.m. to 2:15 p.m.
Consumer Mortgages and Impact of CFPB Mortgage Rules
Burr & Forman LLP
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. Mr. Miller will discuss the TILA-RESPA Integrated Disclosure rule, the implementation of the new CFPB “Loan Estimate” and “Closing Disclosure” forms, and other issues that real estate practitioners are facing in the area of consumer mortgages in 2015 and beyond.
2:15 p.m. to 3:00 p.m.
Commercial Foreclosure Issues
Robert C. Goodrich, Jr.
Burr & Forman LLP
Mr. Goodrich will discuss issues arising in commercial foreclosures including:
- Pitfalls in foreclosure proceedings
- Complicated priority disputes
- Effects of bankruptcy on foreclosure
- Post-foreclosure issues, such as securing the property, property preservation issues, and eviction problems
- Title issues in the foreclosure process and workout context
- Foreclosure alternatives
- Post-judgment issues
3:00 p.m. to 3:15 p.m. AFTERNOON BREAK
3:15 p.m. to 4:15 p.m.
Ethical Issues in Real Estate Law
Lisa K. Helton, Sherrard & Roe, PLC
Dudley M. West, White & Reasor, PLC
Ms. Helton and Mr. West will present various scenarios to illustrate the ethical dilemmas that can arise in a real estate practice.
- Conflicts of interest
- Multiple representations during transactions
- Dealing with unrepresented parties
- Due diligence and duty to disclose
- Communication with clients and timely performance
- Legal fees
- Use of social media and the “cloud”
- Tennessee Rules of Professional Conduct
4:15 p.m. to 5:15 p.m.
Drafting Commercial Leases: Preventing Disputes and Plugging Legal Loopholes
C. Palmer Pillans
Butler Snow LLP
- CAM Clauses – calculating square footage, CAMs, and load factor
- Structuring rent increases
- Provisions that prevent personal property vs. fixture disputes
- Security deposit misunderstandings
- Signage and referral requirements
- Insurance clauses
- Lease termination
- Default/remedy provisions
- Alterations and installation of tenant improvements
- Subordination, indemnification and subrogation
- Non-disturbance and attornment agreements
- Guaranties and additional security
- Estoppels and SNDAs
Hear what your colleagues have to say about last year's Tennessee Real Estate Law Conference...
“This is such a great, practical, effective seminar.”
“Thanks for a useful and enjoyable seminar – best one I’ve attended for the past several years – this seminar is consistently first-rate.”
“Good seminar and good group of speakers.”
“Very useful material.”
“Great conference – again!”