Agenda / Content Covered

All times are shown in Eastern time

1. Purchase and Sale Agreements: Negotiating Top Sticking Points
   10:00 - 10:45, F. Keith Brown
   1. Seller Warranties (and Length of Applicability)
   2. Due Diligence Clause ("Show Cause" or "Buyer's Full Discretion")
   3. Extension of Due Diligence Time Periods (Non-Refundable Earnest Money)
   4. Description of Property (Including Fixtures, Personal Property, etc.)
   5. Miscellaneous Sticking-Point Issues to Address
2. Troubleshooting Pre-Closing Problems
   10:45 - 11:45, Mark Hazelbaker
   1. Finding the Best Vendors (Surveyors, Title Officers, etc.)
   2. Challenges to Coordinating a Settlement Date
   3. Avoiding Delays
   4. Spotting and Resolving Report Issues: Payoff Letters, Title Searches, Tax Searches, Surveys, and Other Data
   5. Appraisal Problems
   6. Unearthing Title Problems
   7. Complications with the Lender
   8. When Environmental Issues Arise
3. Reviewing the Title Commitment and Avoiding Hidden Hazards
   12:00 - 1:00, F. Keith Brown
   1. Schedule A Landmines
   2. Schedule B Bear Traps
   3. Analyzing Complex Land Surveys and Legal Descriptions
   4. Negotiating Removal of (or Affirmative Coverage for) Exceptions
   5. Strategically Employing Title Insurance Endorsements
4. Resolving Complex Title Defects
   1:30 - 2:30, Duane H. Wunsch
   1. Problematic Liens
   2. Mortgages and Security-Related Defects
   3. Short Sale and Foreclosure Complications
   4. Breaks in Chain of Title
   5. Unresolved Probate Issues
   6. Discrepancies in Surveys
   7. Easements/Encroachments/Setback Issues
   8. Legal Description Problems
5. Handling Closing Complications
   2:30 - 3:15, Paige M. Bellino Esq and Stephen McNally
   1. Settlement Agent Problems
   2. Errors in Documents
   3. Delays
   4. Last-Minute Requests, Surprises, and Deal Breakers
   5. Disparities in Closing Figures
   6. Special Problems for Commercial RE Closings
6. Dealing with Post-Closing Difficulties
   3:30 - 4:00, Paige M. Bellino Esq and Stephen McNally
   1. Recording of Deeds
   2. Issuance of Final Title Policy
   3. Funds Held in Escrow (Interplead if no Resolution)
   4. Missed Payoff/Payoff Shortages
   5. Miscellaneous Post-Closing Issues
7. Legal Ethics Challenges in Real Estate Transactions
   4:00 - 5:00, Reginald A. Long
   1. Problems with Attorney Fees
   2. Conflicts of Interest Predicaments
   3. Lawyers and Title Insurance Companies
   4. Property Disclosure Dilemmas
   5. Other Ethics and Professional Responsibility Issues

Accreditation Details:

PAIGE M. BELLINO ESQ is an attorney with McNally & Bellino where she practices in the areas of title claim litigation, professional liability, commercial litigation, real estate, creditor's rights. Ms. Bellino earned her B.A. degree from the University at Albany, SUNY, and her J.D. degree from Western New England University School of Law. While at Western New England, she served as the assistant managing editor of the Western New England Law Review and was named to the Dean’s List. Ms. Bellino is admitted to practice in New Jersey and Pennsylvania state courts, in addition to the U.S. District Courts for New Jersey, the Eastern District of Pennsylvania and the Middle District of Pennsylvania.

F. KEITH BROWN is an attorney in the Shepherdsville law firm of Pike Legal Group, PLLC, where he practices in the areas of zoning, planning, land use, annexation, real estate, environmental law, administrative law, business and corporate law, land development, and wireless telecommunications. He is a past speaker on real estate related issues for various professional associations. Mr. Brown is admitted to practice in Kentucky, Tennessee, West Virginia, and Indiana. He earned his B.S. degree from Murray State University, his M.B.A. degree from Indiana University at Bloomington, and his J.D. degree from the University of Kentucky.

MARK HAZELBAKER is an attorney with Kasieta Legal Group, LLC. He continues to emphasize representation of local governments, small businesses, and litigation. Mr. Hazelbaker began his career as legal counsel of the Wisconsin Counties Association. He served as personnel director/corporation counsel, and later as administrative coordinator for Manitowoc County. Mr. Hazelbaker has been in private practice since 1992, first with downtown Madison law firms, and then in his own firm since 1999. He has lectured many times on labor and employment law, land use law, and municipal law for various business and professional groups. Mr. Hazelbaker has also published law reviews and other articles. He is a member of the Dane County Bar Association and the State Bar of Wisconsin (Litigation and Labor and Employment and Government Lawyers Division sections). Mr. Hazelbaker earned his B.A. degree from the University of Wisconsin and his J.D. degree from the University of Wisconsin Law School.

REGINALD A. LONG is an attorney with Love and Long, L.L.P concentrating in public agency, real estate, corporate finance, zoning, and land use. He has served as counsel to several planning and zoning boards, developers, financial institutions, and municipalities. Mr. Long was employed by TIAA-CREF, a Fortune 100 pension fund, where he worked in the mortgage and real estate department financing and developing shopping malls, hotels, retail entertainment complexes and mixed-use projects. Mr. Long has served as counsel and redevelopment counsel to municipal entities and a school district. Mr. Long has also served as an adjunct professor at the Rutgers School of Business and the Rutgers-Newark School of Law providing instruction in real estate finance and real estate transactions.

STEPHEN MCNALLY is an attorney with the law firm of McNally & Bellino, LLC. Mr. McNally has extensive experience in land-related litigation and transactions, including title claim litigation. He is admitted to practice in the state and federal courts of New Jersey and Pennsylvania. Mr. McNally is a member the New Jersey Land Title Association, the Pennsylvania Land Title Association, and the Burlington County Bar Association. Additionally, he focuses on the representation of industry professionals, such as architects and engineers. He earned his B.S. degree, cum laude, from St. Joseph's University and his J.D. degree from Temple University School of Law. Mr. McNally is a certified mediator in the state of New Jersey.

DUANE H. WUNSCH is vice president and Wisconsin state counsel for Fidelity National Title Group. He has more than 30 years of experience, including searching and examining titles, closing transactions, and handling title insurance claims. Mr. Wunsch is a member of the Milwaukee Bar Association, the Wisconsin Land Title Association, and the State Bar of Wisconsin. He earned his B.A degree from the University of Wisconsin, Madison, and his J.D. degree from Emory University School of Law.