Digging Up the Dirt: Title, Construction and Your Real Estate Practice

Transcription

1 Digging Up the Dirt: Title, Construction and Your Real Estate Practice (2015 Real Property Section Annual Meeting) Real Property LIVE PROGRAM Friday Saturday, May 8 9, 2015 Pinehurst Resort The Carolina Hotel Pinehurst CLE Credit: 6.0 Hours includes 1.0 Hour Ethics/Professionalism Plus 7 Video Replays The 2015 Real Property Section Annual Meeting focuses on hot topics and updates that every practicing dirt lawyer in North Carolina needs to know and also highlights specific residential and commercial topics that enlighten our members who specialize in those particular areas of real estate law. The program focuses on the issues that we are all sure to come across on this deal or the next, as the economic recovery continues. Recent developments in case law and legislation and a special presentation on the NC/SC boundary relocation: the history, when to expect it and how it might affect your clients How to handle lien filings and waivers from the construction practitioner s perspective, and other need to know construction law issues A primer on how to handle the inevitable conflicts that will arise, including 2013 FEO 14 issued by the State Bar addressing representation in commercial real estate closings The proper way to make a title insurance claim and what your clients need to understand about their coverage A discussion of the new Planned Community Act modifications affecting declarants rights, which has been a controversial and unsettled topic during the economic downturn and subsequent recovery The CFPB and a guide to the new closing disclosure forms An overview on the sources of railroad company rights in land, the types of interests held by railroad companies and guidance on searching title and assessing railroad interests This program s materials are 100% Paperless Planned by the Real Property NCBAorg

2 The Fine Print Registration Registrations (including door registrations) are limited to available space, which may include a live video broadcast overflow room. MCLE Credit The NC Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. It is the responsibility of each attorney to maintain a record of his/her attendance at CLE programs for the NC State Bar annual report. MCLE credit is reported only if NC State Bar number is provided. NCBA CLE Passports Passport holders exceeding the 24-hour limit for attorneys or the 12-hour limit for paralegals will be charged $75 per program. Transfers Registrants may transfer from a Live program, Video Replay, Webcast, Webinar or Phone/ Audio Streaming Program without penalty within three working days after the program date. Cancellations Cancellations must be received by 9 a.m. the third working day prior to the program to qualify for a refund (less $25 administrative fee). Those not attending will receive the digital program materials in full consideration of tuition paid. Inclement Weather NCBAF makes every effort to notify registrants when a program is cancelled or delayed due to weather. If inclement weather is forecast, please check your local news listings or contact the location where your program is being held. Bar Association programs will follow the work schedule of the hosting institutions, to include delayed openings. CLE Scholarships A limited number of scholarships are available to members in financial need. Contact Membership Services at or akemple@ncbar.org. Agenda Thursday, May 7, :00p Early Arrivals Reception Friday, May 8, :15-8:55a Registration and Continental Breakfast 8:55-9:00 Welcome and Introductions Bagley and Martin 9:00-10:00 North Carolina/South Carolina Boundary Realignment: Now that we re not in South Carolina anymore, what are you doing to fix it? Burti A discussion of issues affecting title to, and ownership of, North Carolina real property resulting from the historically erroneously recognized official location of the common boundary with South Carolina and potential resolutions of those issues. 10:00-11:00 Recent Developments in Real Estate Law Marsh Professor Marsh summarizes important case law and legislation developments that may impact real estate law in North Carolina, and also discusses a few hot topic case decisions and legislation across the country that may be on the horizon. 11:00-11:15 Break Sponsored by Simplifile 11:15-12:15p Breakout Session: I Think I Can I Think I Can: Figuring Out Railroad Property Rights Palecek This presentation provides an overview on the sources of railroad company rights in land, the types of interests held by railroad companies, and guidance on searching title and assessing railroad interests. OR 12:15 Adjourn Saturday, May 9, :55-9:00a Title Insurance Claims McNeill Mr. McNeill discusses the common causes of title insurance claims and the options we have to address those claims. Program Announcements 9:00-10:00 Construction Law for Real Property Practitioners Carmen This presentation addresses circumstances where construction law intersects with real property law. It includes legal principles and practice pointers on construction issues and problems faced by real property lawyers, including collateral assignment of construction and design contracts, lien rights, lien waivers, escrow agreements and contract provisions often negotiated by counsel for owners and general contractors.

3 10:00-10:15 Real Property Section Annual Meeting Elizabeth R. Harrison, Elizabeth R. Harrison Attorney at Law PC, Raleigh, NC, Presiding Real Property Section Chair 10:15-11:15 Breakout Session: Declarant Rights: Pitfalls and Practice Tips Carmichael This presentation examines the impact of foreclosures on declarant rights as well as related changes to the Planned Community Act. OR CFPB: How we got here and where we are going? Hempen The New Rule: How we got here. What are the major intentions of the new rule? What is the Loan Estimate Form? What is the Closing Disclosure Form? Implementing the New Rule. 11:15-11:30 Break Sponsored by SoftPro 11:30-12:30p *Conflict? What Conflict? Old Principles (and Issues) in New Clothing Brown A look at the latest guidance from the State Bar Ethics Committee regarding conflicts of interest in real estate transactions and the implications of the ethics opinion for all real estate practitioners. Also included is a discussion of evolving ethical issues arising from new regulatory and client demands. 12:30 Adjourn *Indicates portion providing Ethics/Professionalism credit Program Planners Leigh C. Bagley, Bell, Davis & Pitt PA, Winston-Salem David G. Martin, Smith Moore Leatherwood LLP, Wilmington Speakers Steve Brown, Investors Title Insurance Company, Chapel Hill Chris Burti, Statewide Title, Farmville Andy Carmen, Bell, Davis & Pitt PA, Winston-Salem Hope Derby Carmichael, Jordan Price Wall Gray Jones & Carlton PLLC, Raleigh Patrick Hempen, SoftPro, Raleigh Tanya Marsh, Wake Forest University School of Law, Winston-Salem Robert McNeill, Horack, Talley, Pharr & Lowndes PA, Charlotte Diana Palecek, Smith Moore Leatherwood LLP, Charlotte Silver Sponsors (at time of printing) Simplifile Friday morning break SoftPro Saturday afternoon break Simply log in and click My Course Materials on the CLE website to digitally download the materials before the start of your program. Brought to you by the North Carolina Bar Association Foundation CLE

4 Digging Up the Dirt Hotel Contact hotel directly for reservations and guest services. Rates based on availability. To guarantee your room at this special rate, contact the hotel today and mention you are with the NC Bar Association. Pinehurst Resort The Carolina Hotel 80 Carolina Vista Drive Pinehurst Rate: $199 Single or $99.50 Double - per person, per night Reservations: Group Code: NC Bar Association Cutoff Date: April 7, 2014 Video Locations To qualify for the Early Bird ( ) tuition, registration must be received one week prior to program date. NC State Bar rules require a minimum number of pre-registered active State Bar members. The NCBAF reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Visit to confirm video replay registration and program start times. CLE credit hours at Video Replays are subject to change. *All video replay program materials are 100% paperless. See for download instructions. Asheville Friday,September 18, 2015 Comfort Suites, Biltmore Mall 890 Brevard Road Crown Room Site Phone: ( Sep. 11, 2015) #411ASV Atlantic Beach Monday, July 13, 2015 Hampton Inn and Suites 118 Salter Path Road Conference Room Site Phone: ( July 6, 2015) #411ATL Cary Tuesday, September 8, 2015 NC Bar Center 8000 Weston Parkway Dorsett Auditorium Site Contact: CLE Department or ( Sep. 1, 2015) #411BAR Charlotte Wednesday, July 8, 2015 Charlotte Convention Center 501 South College Street Room 215 Site Phone: ( July 1, 2015) #411CHA Charlotte Wednesday, October 14, 2015 Charlotte Convention Center 501 South College Street Room 204 Site Phone: ( Oct. 7, 2015) #411CH2 Elizabeth City Friday, August 14, 2015 Hornthal, Riley, Ellis & Maland LLP 301 East Main Street Library Site Phone: ( Aug ) #411ELZ Greensboro Thursday,September 24, 2015 Best Western, Windor Suites 2006 Veasley Street Site Phone: ( Sep. 17, 2015) #411GSB All of the materials for this program will be available for download in advance of the program and we encourage all program attendees to take advantage of this digital option. Video replay program attendees may purchase the printed manuscript at a discounted rate based upon our cost to print and ship. Due to printing and shipping lead times we are unable to accommodate requests for print materials made fewer than seven (7) days prior to any video replay program.

5 Digging Up the Dirt #411RPM on 5/8-9/2015 NC Bar Association Foundation Registration/Order Form B Print Full Name Firm/Agency Name Street Address PO Box City/State/Zip Daytime Phone/Daytime Fax Address for MCLE Credit list both: NC State Bar No. NCBA No. q Check if any information has changed. > Program Choice Registration must be received one week prior to program date for Early Bird tuition. Live Program q May 8 9, 2015 Pinehurst ( May 1, 2015) #411RPM Video Replays q Sep. 18, 2015 Asheville #411ASV q July 13, 2015 Atlantic Beach #411ATL q Sep. 8, 2015 Cary #411BAR q July Charlotte #411CHA q Oct. 14, 2015 Charlotte #411CH2 q Aug Elizabeth City #411ELZ q Sep. 24, 2015 Greensboro #411GSB > Paperless Material Instructions To retrieve paperless materials, available approximately one week prior to live program, simply follow the directions below: 1. Go to 2. Click My Course Materials from right-side navigation. 3. Log in. 4. Click CLE program title. 5. Download and Save. > Payment Options Registration is processed only after payment is received. Total $ 100% Paperless A limited number of printed books will be available for purchase at the live program. q Check enclosed payable to NC Bar Foundation q Visa/MC/AmEx > Live and Video Replay Tuition Tuition includes digital program materials. Early Bird Rec vd 1 week before program The following categories include the MCLE fee. q NCBA Real Property Section Member Regular Rec vd less than 1 week before program $275 $335 q NCBA Member $295 $355 q Non-Member $355 $415 The following categories do not qualify for Early Bird tuition. q Full-time *LANC Attorney $175 (NCBA Member) q 1st Year Licensed in NC (NCBA Member) $99 q CLE Passport 6 tokens The following categories do not include any MCLE fee. q Judge (NCBA Member) $25 q Clerk of Court (NCBA Member) $25 q Law Professor (NCBA Member) $25 q Law Student Division Member $25 q Paralegal Division Student Member $25 *Legal Aid of NC Your CLE tuition includes mandatory State Bar fees. These fees are used to administer the State Bar s Mandatory Continuing Legal Education program and to support both the Chief Justice s Commission on Professionalism and the Chief Justice s Equal Access to Justice Commission. Your tuition also includes digital access to all program materials. Acct. # Exp. Date Signature 4 ways to register: Phone CLE* *Credit card only Website* *Credit card only Fax CLE* *Credit card only Mail* Attn: Accounting NCBAF PO Box 3688, Cary, NC *Check or credit card

6 Digging Up the Dirt Program HIGHLIGHTS Friday Saturday, May 8 9, 2015 Pinehurst You asked for it and we listened! Commercial and residential breakout sessions on both Friday and Saturday. You asked for it and we listened! Paperless CLE program materials are now available for download before the program. You asked for it and we listened! Great social events. Watch for details from the Real Property Section. NCBA FOUNDATION FOR N.C. LAWYERS PO Box 3688 Cary, NC BY N.C. LAWYERS 100% HOMEGROWN CLE BY N.C. LAWYERS FOR N.C. LAWYERS PRESORTED FIRST CLASS MAIL US POSTAGE PAID RALEIGH, NC PERMIT #297 Education and networking in a relaxed environment. Awesome Job thank you! Very timely and appropriate topics. Attendees, 2014 Real Property Section Annual Meeting