Audio CD + Course Book

Real Estate Transactions Toolkit

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78390CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • NH CLE - 6.00
From Event: Real Estate Transactions Toolkit, held March 2018.

Program Description

Inaccurate descriptions, inconsistent and conflicting surveyor reports and title issues can pop up at any time during a commercial real estate transaction, are you prepared to confidently navigate through them? Dotting all your i's and proactively handling issues that arise to prevent future disputes can eliminate many potential hurdles and save both you and your client time and money. In this unique toolkit designed specifically for real estate attorneys, you'll gain real-world insight from professionals who have worked in the field, have hands-on experience and know what challenges you'll face. Catch problems and errors before property changes hands and gain the technical skills you need - order today!

Course Content

  1. Legal Descriptions: Fixing the Top Title Issues
  2. Title Insurance Dissection - Real-World Examples
  3. Surveying Skills for the Real Estate Attorney
  4. Legal Ethics
  5. The Commitment Letter
  6. Drafting Purchase and Sale Agreements and Deeds

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 NH - Credit Approval Expiration 03/14/2021 *


* denotes specialty credits

Agenda / Content Covered

  1. LEGAL DESCRIPTIONS: FIXING THE TOP TITLE ISSUES
    9:00 - 10:00, William J. Amann
    1. Knowing When New Deeds are Necessary
    2. Wrong Calls in Metes and Bounds Descriptions
    3. Incorrect Lot Numbers in Platted Descriptions
    4. Incorrect Plat Book References
    5. Impossible-to-Prove Boundaries
    6. Failure to Include Legal Description on Deeds of Trusts
    7. Drafting Corrective Deeds: Getting it Right
  2. TITLE INSURANCE DISSECTION - REAL-WORLD EXAMPLES
    10:15 - 11:15, William J. Amann
    1. What Legal Description Error Can be Cured by Scriveners Affidavit and What Can't
    2. Title Standards
    3. Legal Descriptions in Foreclosure Proceedings and Defects as They Affect Bankruptcy
    4. Recognizing and Curing Title Defects
    5. Insurance Coverage Expectations
    6. Title Insurance Exclusions and Exceptions
    7. Title Endorsements - Generally
    8. Marketable Title vs. Insurable Title
    9. Effect of Warranty Deed
    10. Examples of Application of the Authorities Discussed in this Presentation
    11. Relationship Between Title Insurance and Survey Coverage
  3. SURVEYING SKILLS FOR THE REAL ESTATE ATTORNEY
    11:15 - 12:15, Timothy A. Peloquin
    1. Survey Issues and the Impact on Title
    2. Cross-Reading the Survey and Title Commitment Together to Identify Problems
    3. ALTA/ACSM Land Title Surveys - New Standards
    4. Survey Review Process: Overcoming Challenges (Easements/Restrictions, Encroachments, Compliance to ALTA/ACSM Survey Requirements, Water Boundaries)
    5. Meander Lines and How to Find Boundaries That Tie to Meander Lines
    6. Types of Surveys and How to Read Them
    7. Handling Inaccurate/Incomplete Surveys and Inconsistent/Conflicting Surveyor Reports
    8. The Surveyor's Role/Standards Used By The Surveyor
    9. Preparation of the Boundary Survey
    10. Survey Coverage
  4. LEGAL ETHICS
    1:15 - 2:15, Steven H. Slovenski
    1. Conflicts of Interest
    2. Disclosure of Defects in Property
    3. Liability in Title Examinations
    4. Attorneys' Fees
  5. THE COMMITMENT LETTER
    2:15 - 3:15, Gregory T. Uliasz
    1. Borrower and Guarantor
    2. Collateralization; Mortgages
    3. Cross Default; Cross Collateralization
    4. Inspections; Environmental; Survey
    5. Financial Reporting
    6. Change in Control
    7. Default Technical/Substantive
    8. Litigation
    9. Material Adverse Change
    10. Appraisals
    11. Financing - Conventional and Construction
    12. Title Insurance
    13. Loans - Participation, SBA, Layered
    14. Additional Pledges; Franchise Pledges/Lease Pledge
  6. DRAFTING PURCHASE AND SALE AGREEMENTS AND DEEDS
    3:30 - 4:30, Jacqueline M. Hudkins
    1. Addressing Conditions and Covenants
    2. The Vital Importance of Title Review
    3. Getting Timing Down for a Smooth Transition
    4. What You Need to Know About Pre-Closing Inspection/Cooperation
    5. Real World Remedies You Can Use
    6. Acknowledging Risk of Loss
    7. Conditions Subsequent

WILLIAM J. AMANN is a partner with Braucher & Amann, where he concentrates his practice in the areas of bankruptcy, creditors’ rights, commercial litigation and real estate. Mr. Amann regularly represents national and regional creditors in bankruptcy court and the state courts in Massachusetts and New Hampshire. Prior to joining the firm, he served as legal counsel to a Chapter 7 bankruptcy trustee for the District of New Hampshire. In addition, he has considerable experience in the areas of commercial turnarounds, debt restructuring, equitable subordination, debt re-characterization, asset sales, title insurance, real estate conveyancing, land use, receiverships, premises liability, employment law, evictions and probate administration. Mr. Amann presently serves on the Board of Directors for the city of Manchester's Public Library Literacy Fund. He is an annual editor for the New Hampshire Bar Association's "Supreme Court At-a-Glance" article series and regularly speaks before professional and trade groups on the topics of bankruptcy, creditors’ rights and real estate. Prior to practicing law, Mr. Amann was employed by Fidelity Investments as a trade resolution specialist and by Ford Motor Credit Company as an account executive and branch legal liaison. He earned his B.A. degree from Saint Anselm College and his J.D. degree from Massachusetts School of Law.

JACQUELINE M. HUDKINS is the owner of Hudkins Law PLLC, where she provides title and settlement services for real estate transactions. She represents lenders, buyers and sellers in residential and commercial real estate transactions. Ms. Hudkins is admitted to practice in New Hampshire. She is a member of the New Hampshire Bar Association (co-chair of the Real Property Section). Ms. Hudkins has served as an educator for North East Land Title Association's educational seminars for attorneys. She has also served as an adjunct professor at Colby Sawyer. Ms. Hudkins earned her B.A. degree, cum laude, from Merrimack College, M.I.P. degree from Franklin Pierce Law Center, and her J.D. degree from the University of New Hampshire School of Law.

TIMOTHY A. PELOQUIN is the owner & founder of Promised Land Survey, LLC. Mr. Peloquin and his company (PLS) have performed nearly all aspects of land survey and GIS mapping activities over many areas and for many years. Throughout their projects and time, Mr. Peloquin and his company has earned an excellent reputation for their quality of work, good response time, and performing their work within a reasonable budget, while assuring complete client satisfaction. He is a licensed surveyor with more than 30 years of experience throughout the Northeastern United States, and has broad experience in all levels of land survey components, including historical/land law research, field work, technological solutions, computations/CAD/GIS, management, client/public relations, and more. Thorough knowledge and use of GPS equipment (Leica/Trimble/etc.) and associated computations with full integration to Esri GIS and AutoCAD as applicable. Mr. Peloquin is an annual attendee of national conferences such as ESRI UC Conference (GIS), Trimble Dimensions (GPS), ACSM/NSPS, World Bank Conference on Land and Poverty (Land Rights and Tenure), etc. He is a member of the New Hampshire Land Surveyors Association (NHLSA) - active member since 1992, education director 1995-1997, Executive Committee 2000-2003, president 2002, past-president (current); and the Surveying Education Foundation of New England, Inc. (SEFNE) - 2003 vice-chairman. Mr. Peloquin taught at University of New Hampshire (UNH)/"Survey II" (CT-233) 1999 & 2006.

STEVEN H. SLOVENSKI is legal counsel for a New Hampshire land development company and maintains offices in Concord and Portsmouth, where he focuses on real property and business law matters, including collections and ethics. Prior to his current position, he was an attorney with a large Manchester law firm and legal counsel to a state agency, where his areas of practice included real estate, business and compliance matters. He teaches law courses at the college level and presents seminars to professional groups on topics relating to his areas of practice. Mr. Slovenski is a member of the American, New Hampshire (chair of the Alternative Dispute Resolution Section and past chair of sections on Real Property; Probate and Trust Law; and Corporations, Banking and Business), Maine State and Federal bar associations. He is also a New Hampshire court mediator. Mr. Slovenski earned his B.A. degree from Hobart College and his J.D. degree from the University of New Hampshire Law School.

GREGORY T. ULIASZ is an attorney with Feniger & Uliasz LLP. He has been representing business clients for almost 30 years from initial formation to complex, multi-jurisdictional commercial litigation to commercial real estate transactions. Mr. Uliasz has worked with medical practices, pharmaceutical companies, banks, auto and truck dealers, and fitness franchises. His involvement starts at the ground level with business creation and continues through business planning and strategies for growth, employment contracts, real estate purchases and leases. Mr. Uliasz also represents condominium associations and management companies in the area of condominium law. In addition he regularly appears in bankruptcy actions on behalf of creditors. Mr. Uliasz earned his B.A. degree from College of the Holy Cross and his J.D. Degree from Franklin Pierce Law Center.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

NH CLE: 6.00 Credit Approval Exp
03/14/2021
Includes - Ethics: 1.00
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.


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