24th Annual Advanced Real Estate Seminar 2020

MCLE Credits: 8.0
Ethics Credits Included: 2.0

Live on Site: Friday and Saturday, March 6-7 / Williamsburg (Williamsburg Lodge)
Registration: 12:00 p.m.
Program: Friday: 1:00 p.m. - Saturday 12:00 p.m.
MCLE Credit: 8.0 (Ethics: 2.0)
Live-Interactive Credit: 8.0 Live Interactive MCLE Credit Symbol

Information

Why Attend?

HIGHLIGHTS of this educational and entertaining seminar:

  • Discrimination in Land Use: Exclusionary and Inclusionary Zoning
  • ADA Issues in Real Estate Development and Use
  • E-Notes and E-Contracts
  • VHDA: Housing Advances in Affordability and Design
  • Ripeness for Takings: Knick v. Township of Scott and In-the-Trench Changes
  • African American Farmlands: Challenges and Partition Reform
  • Ethical Obligations of Changing Law Firms
  • Everyday Pitfalls and Perils of the Practitioner

Cosponsored with the Real Property Section of the Virginia State Bar

Great topics. Terrific faculty. Exceptional materials. Those who attend usually return every year — what’s the secret? There are additional benefits to attending: A grand resort at which to luxuriate and enjoy much needed time away from the office to gather your wits, socialize, and network with the faculty and other experienced real estate attorneys — all while getting 8 hours of relevant CLE, including 2.0 hours of ethics credit in two half-day sessions.

Preregistering VSB Real Property Section members save $30 on the registration fee!

Learn new skills and refresh others in important areas of the law to make you a better practitioner. This year’s program has a variety of topics that are relevant and timely for real estate lawyers.

Keep current with trends and developments in the law.

Indulge your brain (and your senses). Spend two luxurious days in the company of the best minds in Virginia real estate practice.

"Great speakers. Varied topics. Helpful materials."

"... Cover material in a less demanding fashion with the two 2 half-day sessions."

"The optional dinner provides a pleasant opportunity to visit friends from across the state and make new friends."

"Dynamic speakers. Great resort!"

This seminar is nondiscountable.

 


Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE

Friday

12:00 Registration
1:00 Discrimination in Land Use: Exclusionary and Inclusionary Zoning
Professor Carol Brown

This presentation will examine socioeconomic aspects of zoning.  It will provide a historical legal context and then also explore current uses of land use law to advance socioeconomic goals. This topic is especially timely given trends across various states to address contemporary socioeconomic dilemmas through land use planning.

2:30 Break
2:40 Concurrent Sessions

I.
ADA Issues in Real Estate Development and Use
Robert Duston

Imagine almost finishing a conversion of a historic downtown property into a mixed-use complex, and being sued because the kitchens in all the luxury apartments need to be changed to meet the Fair Housing Act.  Or years later the hotel component is sued several years after the warranties ended, where there are dozens of accessibility errors or omissions by both the architect and contractor, but the indemnification clauses are void against public policy. This session will address the most common issues and strategies Real Estate lawyers should be using to reduce risk, regardless of whom they represent.

II. Coming Soon (Like Now): E-Notes and E-Contracts (“Egads”)
Sharon Horstkamp

This session will focus on E-notes and how they are already in place, and also discuss unique issues posed by these instruments. The mortgage industry is rapidly transitioning from originating paper promissory notes to promissory notes in electronic form (eNotes).  This session will provide an overview of the legal framework for the validity of eNotes and the MERS® eRegistry, the system of record used to register eNotes. 

Learn how the controller of an eNote can have the equivalent rights as that of a “Holder in Due Course” of a paper negotiable promissory note. In addition, hear why the MERS® eRegistry is the “system of record” for holders of eNotes, establishing their legal effectiveness under the Uniform Electronic Transactions Act (UETA) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN).

3:40 Break
3:50 VHDA: Housing Advances in Affordability and Design
Everett M. Gardner, Kim Hart

Learn how VHDA offers innovative housing solutions with incentive systems for efficient development.  Hear from in-house counsel about the Low Income Housing Tax Credit Program (“LIHTC”).  Hear from a developer bringing award-winning and varied projects in historic districts on a large and small scale.  What works and what is still tricky?

4:50 Break
4:55 Ethics of Lawyers on the Move—Ethical Obligations of Changing Law Firms
John Altmiller

You’ve made the decision to either join another firm or strike out on your own. Though you have planned the move itself, have you thought about—and laid out—the ethical obligations of changing firms?  In this session we will address the rules surrounding issues that may arise when changing firms such as conflicts of interest, communications with clients of the firm, clients’ right of access to information, how to allocate fees between the old and the new firm, and, finally, how the new firm checks for conflicts of interests.   

5:55 Adjourn
6:00 Complimentary Cocktail Party — Come join us in the bar for drinks, congeniality, and fun!
7:00 Optional Dinner with the faculty — purchase ticket when registering

Saturday

7:00 Complimentary Continental Breakfast in the registration area
8:00 Everyday Pitfalls and Perils of the Practitioner
John Altmiller

This session will cover the implications of the following rules: Conflicts for Lawyers Serving on Non-Profit Boards with Real Estate Interests (HOAS) (implicating Rules 1.6, 1.10, and 1.7); Threats in Negotiations (implicating Rule 3.4 and LEO 1582); and Gifts and Referrals and Co-Ownership (implicating RESPA,  Rule 1.7, LEO 1398, 1436 and 1681).

9:00 Break
9:15 Ripeness for Takings: Knick v. Township of Scott and In-the-Trench Changes
Gus Bauman

On the regulatory takings front, what changed with Knick v. Scott Township, 139 S. Ct. 2162 (2019)?  Hear from U.S. Supreme Court litigator Gus Bauman, part of the original legal team in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).  Chief Justice Roberts, writing for the 5-4 majority in Knick, stated that “Takings claims against local governments should be handled the same as other claims under the Bill of Rights. Williamson County erred in holding otherwise.” 

10:15 Break
10:55 African American Farmlands: Challenges and Partition Reform
Professor Andrew Kahrl, David J. Gogal

Following the 400th anniversary of the involuntary arrival of African Americans to Virginia, learn how Virginians have been affected by involuntary judicial sales and processes. As reported by the ABA: “In 2010, the Uniform Law Commission (ULC) promulgated the Uniform Partition of Heirs Property Act (UPHPA) …. The act was drafted to stabilize tenancy-in-common ownership for disadvantaged families because for many decades state partition laws have contributed to widespread and devastating involuntary land loss among families who owned tenancy-in-common properties.”  Learn about the history of African American land dispossession, the proposed UPHPA in Virginia, and re-examine partition concepts involving standing, allotment, and judicial sale parameters.

12:00 Adjourn

Faculty

FACULTY

John C. Altmiller, Pesner, Altmiller, Melnick & DeMers PLC / McLean
Gus B. Bauman, Beveridge & Diamond PC / Washington, DC
Prof. Carol N. Brown, University of Richmond School of Law / Richmond
Robert Lewis Duston, Saul Ewing LLP / Washington, DC
Everett M.  Gardner, Virginia Housing Development Authority / Richmond
David J. Gogal, Blankingship & Keith, PC / Fairfax
G. Kimball (Kim) Hart, Good Works LP / Middleburg
Sharon McGann Horstkamp, ICE Mortgage Services | MERSCORP Holdings, Inc. / Reston
Prof. Andrew W. Kahrl, University of Virginia / Charlottesville

MODERATORS

Benjamin D. Leigh, Atwill Troxell & Leigh PC / Leesburg
Sarah Louppe Petcher, S&T Law Group / Falls Church

Locations, Dates and Fees

LIVE REGISTRATION FEES
(All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$380* regular registration (without printed materials).
$450* regular registration plus dinner (without printed materials).
$520* regular registration plus dinner and guest dinner (without printed materials).

$420 regular registration plus printed materials.
$490 regular registration plus printed materials and dinner.
$560 regular registration plus printed materials, dinner, and guest dinner.

$350* VSB Real Property Section member regular registration (without printed materials).
$420* VSB Real Property Section member regular registration plus dinner (without printed materials).
$490* VSB Real Property Section member regular registration plus dinner and guest dinner (without printed materials).

$390 VSB Real Property Section member regular registration plus printed materials.
$460 VSB Real Property Section member regular registration plus printed materials and dinner.
$530 VSB Real Property Section member regular registration plus printed materials, dinner, and guest dinner.

$440.00 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program


LIVE LOCATION AND DATES

WILLIAMSBURG / Friday and Saturday , March 6-7
Williamsburg Lodge (Venue Website / Google Map)
310 South England Street
(757) 229-1000

CAMARADERIE!

  • Relax after Friday’s session … have a drink and mingle at the complimentary cocktail party.
  • Join us for a gourmet dinner at Le Yaca (optional—purchase ticket with registration) Our faculty and attendees will be together in a private dining room. $70 (includes tax and tip) for dinner and 2 glasses of wine. Guests are an additional $70.

We have secured a special rate at the Williamsburg Lodge. To book a room, call 800-261-9530, Monday through Friday, 8:30 a.m. to 5:00 p.m., and mention Virginia Continuing Legal Education (VACLE), or go online at https://book.passkey.com/go/5b05966b.


A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.


Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE® can send a link to the e-book materials.

Registrants who elect a registration option that includes downloadable e-book seminar materials only and not the printed materials will receive, at the seminar, a short, printed seminar outline with space to take notes.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.

REGISTRATION DEADLINES

To receive access to the downloadable e-book materials BEFORE the seminar AND register for the lower fee, your registration must be received no later than 5:00 p.m. 3 BUSINESS DAYS BEFORE the seminar.  A link to the downloadable e-book materials will be e-mailed to you two business days before the seminar.  Once you download the materials, you can review them and print the portions you want to bring with you to the seminar.

After 5:00 p.m. 3 BUSINESS DAYS BEFORE the seminar, only the registration options that include printed materials will be available.


Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.  You will, however, be charged $90 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE®.

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

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