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Live Webinar

90-minute live streaming program
  • July 12
  • 1:00 - 2:30 pm EST

Also available as:

OnDemand Webinar

Real Estate Opinion Letter Fundamentals

July 12

Stay current in your understanding of the standards and expectations of real estate opinion letters.

This topic will provide an overview of the key issues encountered by counsel in issuing third-party closing opinion letters. The presentation will identify available opinion resources and provide guidance on both substantive and process issues. The approach will be pragmatic and designed to provide opinion issuers with practical, useable advice on dealing with what is an often a difficult and stressful task for counsel not conversant in opinion practice.

Learning Objectives

- You will be able to identify risk management policies for the issuance of opinion letters.

- You will be able to examine different opinions.

- You will be able to indicate inappropriate opinion requests.

- You will be able to identify available opinion resources.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview
Ethical Considerations in Issuing Third-Party Legal Opinions
Firm Opinion Letter Policies and Procedures
What Opinions Should You Give?
Opinion Resources; Forms
Opinion Due Diligence
Substantive Opinions
  • Core Opinions
    • Entity Opinions (Entity Status, Power, Authorization, Execution and Delivery)
    • Enforceability Opinion
  • Other Opinions
    • Form of Security Documents
    • No Breach or Violation
    • No Violation of Law
    • Choice of Law
    • Usury
Inappropriate Opinion Requests
Limitations-Assumptions, Exclusions and Qualifications
Local Counsel Issues
Governing Law Issues
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Live Webinar Registration

  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • CPE 1.8 including Specialized Knowledge 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Specialized Knowledge for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.5 hours.
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.8 hours of continuing professional education.
     

Who should attend?

This live webinar is designed for attorneys, presidents, vice presidents, developers, real estate professionals, lenders, branch managers and accountants.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Charles L. Menges

Charles L. Menges

McGuireWoods, LLP

  • Partner in the Richmond, Virginia office of McGuireWoods LLP
  • Counsels clients on business transactions, primarily in the real estate industry and in the banking and finance sector
  • Co-chairs the Opinion Committee of McGuireWoods
  • Vice-chair and member of the Attorneys’ Opinions Committee of the American College of Real Estate Lawyers (ACREL)
  • Representative of the Business Law Section of the Virginia Bar Association
  • Member of the Board of Directors of the Working Group on Legal Opinions Foundation (WGLO)
  • Immediate past chair and current member of the Committee on Legal Opinions in Real Estate Transactions of the Section of Real Property, Probate, Trust and Estate Law of the American Bar Association (RPTE)
  • Member of the Legal Opinions Committee of the ABA’s Business Law Section (BLS)
  • Served on working groups that have prepared or are preparing various reports on opinion practice
  • Received his undergraduate degree from the College of William and Mary and his law degree from the University of Virginia School of Law
  • Frequent lecturer on opinion practice
David L. Miller

David L. Miller

Pillsbury Winthrop Shaw Pittman LLP

  • Pillsbury Winthrop Shaw Pittman LLP
  • Partner in Northern Virginia with the international law firm Pillsbury Winthrop Shaw Pittman LLP
  • Frequent author, editor, and speaker on legal opinion letters in real estate transactions
  • Reporter for the Real Estate Finance Opinion Report of 2012 by a joint committee of members of the American Bar Association, American College of Real Estate Lawyers, and American College of Mortgage Attorneys
  • Extensive experience in public-private partnerships, and in financings, debt offerings, private equity, development, joint ventures, and purchase, sale, and leasing
  • Several transactions have received “Deal of the Year” awards from industry publications and organizations
  • Recognized by Chambers USA, Real Estate – Northern Virginia (2007 – 2017), Best Lawyers, Real Estate Law (2006 – 2018) and The Legal 500 U.S., Real Estate Transactions & Finance (2007, 2015, 2017)
  • Fellow, American College of Real Estate Lawyers, former chair of ACREL Attorneys Opinions Committee, former chair of the American Bar Association Committee on Legal Opinions in Real Estate Transactions, and former Vice Chair of the Steering Committee of the District of Columbia Bar Real Estate, Housing and Land Use Section
  • Former member of the board of directors of the Appleseed Foundation, a nonprofit network of public interest justice centers, and of The Langley School in McLean, Virginia
  • Can be contacted at 703-770-7925 or david.miller@pillsburylaw.com
Lydia C. Stefanowicz

Lydia C. Stefanowicz

Greenbaum, Rowe, Smith & Davis LLP

  • Partner with the law firm of Greenbaum, Rowe, Smith & Davis LLP in New Jersey
  • Concentrates her legal practice in the areas of commercial lending and real estate finance provides counsel to both lenders and borrowers in real estate acquisition, construction, permanent mortgage (including CMBS) and mezzanine financings.
  • Listed in (1) The Best Lawyers in America© (a trademark of Woodward/White, Inc.) in the Real Estate Law and Public Finance Law practice areas; (2) New Jersey Super Lawyers (a Thompson Reuters business) in the Banking and Real Estate practice areas; and (3) Who’s Who Legal – Real Estate (a publication of Law Business Research Ltd.)
  • Fellow of the American College of Real Estate Lawyers (ACREL), as well as a Fellow of the American College of Mortgage Attorneys (ACMA)
  • Extensive experience in the context of her financing practice in drafting and negotiating and drafting third-party closing opinions, including as New Jersey or New York local counsel addition
  • Chair of ACREL’s Attorneys’ Opinions Committee, and former co-Chair (2010-2016) of ACMA’s Opinions Committee;
  • A member of the Joint Drafting Committee for each of the Real Estate Finance Opinion Report of 2012, the report on Local Counsel Opinion Letters in Real Estate Transactions (2016), and the currently pending report on Uniform Commercial Code Opinions in Real Estate Finance Transaction Opinion Letters
  • ACMA’s designated representative to the Working Group on Legal Opinions (WGLO)
  • Regularly speaks and writes on opinion practice topics, including as the author of an on-going column entitled “In My Opinion . . .” in the newsletter of the New Jersey State Bar Association Business Law Section
  • J.D. from the University of Virginia School of Law, and a B.A., summa cum laude, from New York University
  • Admitted to practice in the States of New York and New Jersey.
  • Can be contacted at lstefanowicz@greenbaumlaw.com or (973) 535-1600
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401555
Published 2011, 2018
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