Alabama Real Estate Law Conference - Materials Only
Held in Hoover on Friday, November 2, 2018
Order your materials from this information-packed event!
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 Alabama attorneys who practice real estate law will 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.
- Foreclosures. Jonathan Raulston will outline the foreclosure process and provide tips for a smooth foreclosure.
- 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. Sarah Taggart will discuss the landlord-tenant relationship from pre-lease considerations to eviction and touch on issues such as screening and disqualifying tenants, late fees, and handling repairs.
- 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.
When you attend, you will learn:
- The pros and cons of different finance options
- Key regulatory issues and how lenders are handling them
- How to conduct loan commitment and loan closing due diligence
- How to negotiate the best possible loan modification for the client
- How to draft documents to cure title defects
- Checklists to follow in preparing for the closing date
- Strategies and tactics to use in title litigation
- What you can use to “qualify” a tenant
- Essential pro-active and remedial lease provisions
- Keys to spotting and handling typical foreclosure issues
- Ethical concerns with regard to disclosure of defects in property
Who should enroll:
Alabama attorneys who practice real estate law (litigators, closing attorneys, and attorneys who work for title insurance companies, banks, and other lenders)
Your Expert Faculty:
Virginia S. Boliek, Law Office of Virginia Boliek, LLC, Birmingham
Kevin Gray, Bradley Arant Boult Cummings LLP, Huntsville
Jonathan E. Raulston, Engel Hairston & Johanson, PC, Birmingham
Sarah Leopold Taggart, Sarah Taggart, P.C., Huntsville
Mary Stewart Nelson Thompson, Fish Nelson & Holden, LLC, Birmingham
Brian Walding, Walding, LLC, Birmingham
Joshua B. White, Stephens Millirons, PC, Huntsville
Your Distinguished Faculty
Virginia S. Boliek is the principal of the Law Firm of Virginia Boliek, LLC. She has more than 25 years of experience in commercial real estate transactions. Prior to starting her own practice, Ms. Boliek was Of Counsel with McGlinchey Stafford PLLC, associate counsel in the commercial mortgage area of the investment department at Protective Life Corporation and an associate in 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 a Hugo Black Scholar. Ms. Boliek is a past president and board member emeritus 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.
Jonathan E. Raulston is a partner with the firm of Engel, Hairston & Johanson, P.C. in Birmingham, Alabama. He practices in the areas of business and commercial law, litigation, bankruptcy, creditor’s rights, foreclosure, and collections. Jonathan is a graduate of University of Alabama School of Law and obtained a B.S., with distinction, from the University of Alabama in Business Management with a concentration in Health Care. While at the University of Alabama School of Law, Jonathan was a member of Phi Delta Phi and the Farrah Law Society and was honored with the Best Paper in Limited Liability Companies. Jonathan is a frequent lecturer on topics related to bankruptcy, creditor’s rights, and foreclosure. He is active within the American Bar Association’s Business Law Section and co-chair of its Lender Liability subcommittee. Jonathan is also active within the Alabama State Bar and Birmingham Bar Association, where he is past chair of the Bankruptcy and Commercial Law Section, Long Range Planning Committee, and Continuing Legal Education Subcommittee and he presently serves on its Grievance Committee.
Sarah Leopold Taggart, with Sarah Taggart, P.C., in Huntsville, graduated Phi Beta Kappa and magna cum laude from the University of the South in Sewanee, Tennessee. She attended Washington University School of Law in St. Louis, Missouri, on a full academic scholarship. She returned to her hometown of Huntsville after graduating from law school and founded the law firm of Sarah Taggart, P.C. Her law firm is a boutique practice which is specifically tailored to meet the needs of residential and commercial landlords throughout the entire State of Alabama. She is a frequent lecturer throughout the state on issues pertaining to landlord-tenant law and is often interviewed about landlord-tenant issues by local news and media outlets. She is on the board of the Alabama Apartment Association and serves as a legal advisor to the Apartment Association of North Alabama. Ms. Taggart also publishes a monthly educational newsletter and blog with issues relating to residential and commercial rental property. She has authored a widely popular Alabama-specific book of legal forms for the Alabama landlord which is available for purchase.
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 bachelor's 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.
Friday, November 2, 2018
8:30 a.m. to 9:30 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
9:30 a.m. to 10:30 a.m.
Preceding the Closing Date
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
- Once 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
10:30 a.m. to 10:45 a.m.
10:45 a.m. to 11:45 a.m.
Tenant Evictions, Court, and Litigation
Sarah Taggart, P.C.
- Negotiating lease agreements you want
- Enforcing a lease agreement
- Inspecting the property
- Screening and qualifying tenants: Fair Housing, discrimination, and background checks
- Third parties not on lease who are living with your tenant
- Security deposits and personal guarantees
- Late fees: How much is too much?
- Handling repairs
- Terminating the tenancy
- Demands, notices, lockouts
11:45 a.m. to 1:00 p.m.
LUNCH (on your own)
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
2:00 p.m. to 3:00 p.m.
The Mechanics of Commercial Real Estate Financing
Virginia S. Boliek
Law Office of Virginia Boliek, LLC
- Negotiating key terms of the loan commitment
- Recourse vs. non-recourse guarantees
- Preparing and reviewing loan documents
- Loan closing due diligence
3:00 p.m. to 3:15 p.m.
3:15 p.m. to 4:15 p.m.
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.
Bradley Arant Boult Cummings LLP
- Conflicts of interest
- Duty to disclose
- Title insurance issues and liability
- Case law update