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2017 REBA Annual Meeting & Conference
 
Monday, November 6, 2017
DoubleTree Hotel
50 Ferncroft Road, Danvers, MA
 
 

REBA's all-day 2017 Annual Meeting & Conference includes 10 hour-long, CLE-accredited breakout sessions, as well as a networking luncheon and plenary session.  To register, complete the form on the last page of the Conference Brochure and return it with payment to the REBA office.  You may also register online or by phone at (617) 854-7555.

A few highlights of this program include….

 
  • LUNCEHON KEYNOTE: 
  Dan Rea, a lawyer and veteran Boston TV journalist, will deliver the luncheon keynote address.  Rea is the Host of NightSide on WBZ NewsRadio 1030, will deliver the luncheon keynote address.  NightSide, which airs every weeknight at 8pm, focuses on a wide variety of issues, political, economic and social.
   
  • AWARDS & RECOGNITIONS:
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The REBA Richard B. Johnson Award, the Association’s highest honor, will be presented to the Hon. Leon J. Lombardi (ret.). This lifetime achievement award recognizes the recipient’s outstanding and selfless contributions to advancing the practice of real estate law.

 

The REBA Emerging Leader Award, which honors members who demonstrate a level of involvement, excellence, collegiality, ethics and integrity within the Massachusetts real estate bar that exceeds expectations for practitioners of their experience level, will be presented to the Award’s founders, Kendra L. Berardi and Nicholas P. Shapiro.

 

This luncheon will also include a Special Recognition of Jacqueline Waters Adams for her unwavering dedication to the real estate bar and its members, her selfless devotion in providing support and education to the legal community, and her tireless efforts to uphold the integrity of the legal profession.

   
  • CLE-ACCREDITED BREAKOUTS: 
  The 10 hour-long educational breakout session are accredited by the RIMCLE for up to 60 minutes of ethics and 180 minutes of general credits, or 240 minutes of general credits.  See details below...
 
  Ethical Issues in Disclosure: Intersection of Duties to Clients and to Third Parties
  George A. Berman: Joseph S. Berman; Katherine L. Kenney
  From the first day of kindergarten, we have all been told “If you don’t have something good to say, don’t say anything.”  However, is this sound advice when it comes to representing a seller in a real estate closing? What is an attorney obligated to advise his client to disclose when and when not asked? What should an attorney do if a client declines to follow his advice?  Ethical obligations and practical advice are covered in disclosing matters as diverse as a leaky roof, asbestos tile, underground oil tanks, and yes, even ghosts and grisly crimes.  Newly-appointed BBO General Counsel Joe Berman will also update attendees on recent developments and initiatives at the BBO.
   
  Alternatives to Subdivisions: Condominiums and Ground Leases
  Paula M. Devereaux; Kimberly L. Martin-Epstein
  This program will focus on how to structure a mixed-use commercial development through a condominium or ground lease ownership structure to address financing, land use, and other issues in connection with such a development. Our panelists will discuss the pros and cons of condo establishment and ownership, ground or master lease structure, fee ownership of separate parcels, and subdivision/combination of parcels. They will also explore examples of developments utilizing these strategies.
   
  Commercial Title Insurance Endorsements
  Thomas L. Guidi; Melanie E. Kido; Margaret M. Fortuna
  Title insurance is a critical component of any commercial real estate financing or purchase and sale transaction. Some of the most important coverages in a title insurance policy are provided through endorsements.  The panelists will explain the key endorsements available to owners and lenders and the underwriting criteria applied by title insurers in issuing these endorsements.  Please join us for an informative discussion.
   
  McCarthy v. Tobin: Revisited in the Age of Electronic Communications
  Kendra L. Berardi; George J. Warshaw 
  McCarthy v. Tobin was decided 18 years ago and since that time, text messages and emails have become the communications norm, presenting new challenges to applying the most vital case that sets forth the standard of enforceability of Offers to Purchase and “Agreements to Agree” in recent history.  For 18 years, McCarthy v. Tobin, has been cited or quoted by Massachusetts state and federal courts well over 150 times – and not always consistently.  This session will explore its application by the courts, its effect on the deadline for signing purchase and sale agreements, and when emails and text messages may be relied upon as creating a binding offer.
   
  How to Handle Condominium Liens in a Mortgage Foreclosure
  Thomas O. Moriarty; Melissa B. Morrow
  Dealing with a condominium's lien for unpaid common expense assessments in the context of a mortgage foreclosure can create complications for the association, as well as the foreclosing lender.  This session will explore the mechanics of creating the priority lien and the limitations on association priority, as well as practical tips for lenders' and buyers' counsel in dealing with the condominium's claimed lien before, during and after the foreclosure sale.
   
  Creating an Efficient Real Estate Office: Tools, Techniques and Best Practices
  Conrad J. Bletzer Jr.; Rodney S. Dowell
  The panelist will focus on providing practitioners, whether new or seasoned, with the most modern tools, techniques and best practices to create an efficient real estate office that allows the practitioner to leave the office on time and in control.  We will look at software and hardware solutions that allow for compliance with document storage, filing and transmission requirements, while improving efficiency and mobility.  We will also give practitioners various tools and techniques that allow for increased time management and improved case management.  Finally, we will talk about best practices to improve client management to reduce client demands and unnecessary friction and stress.
   
  Recent Developments in Massachusetts Case Law
  Philip S. Lapatin
  Now in his 39th year at these meetings, Phil continues to draw a huge crowd with this session. His presentation on Recent Developments in Massachusetts Case Law is a must-hear for any practicing real estate attorney. Phil is the 2008 recipient of the Association’s highest honor, the Richard B. Johnson Award.
   
  M792’s and Beyond: Estate Tax Lien Affidavits and Releases on Title
  ~ A Practical Skills Session
  Kevin T. Creedon; Katherine E. McGarr
  Following the death of a property owner, a conveyancer must obtain and record certain documents to release the property from any potential Massachusetts and Federal estate tax liens. In certain circumstances, a conveyancer may rely on an affidavit regarding estate taxes, but in others a Certificate Releasing Massachusetts Estate Tax Lien and/or a Certificate of Discharge from Federal Tax Lien is required. Join our panelists in a discussion on Mass and Federal estate taxes liens, including when they attach, how to release them, including the IRS’s new procedure of issuing conditional commitments to discharge property from Federal estate tax liens, and some recent changes in the laws.
   
  Fiduciary Income Tax Boot Camp for Lawyers & Drafting Trusts to Hold Real Estate
  ~ A Practical Skills Session
  Leo J. Cushing; Susan B. LaRose; Lisa M. Rico
  Identifying the proper seller and proper 1099 reporting is critical to minimizing income taxes in connection with the sale of real estate from trusts, either during life and/or after death.  In this program, our panelists will discuss the income tax step-up basis rules of IRC § 1014 and the carryover basis rules of 1015, and focus on obtaining seller identification numbers and issuing 1099s to the appropriate parties/entities/trusts in order to minimize income taxes.  We will also discuss the use of realty trusts to hold title for the benefit of either revocable trusts or income-only irrevocable Medicaid trust as well as the use of so-called trustee certificates and who really is the seller when property is being sold by the trustee of a nominee realty trust on behalf of its so-called beneficiaries.
   
  Disbursement of Funds - Best Practices: Recognizing & Avoiding Fraudulent Instructions
  ~ A Practical Skills Session
  Henry J. Dane; Jutta R. Deeney; Julie M. Palmaccio
  The requirement of wire transfer of funds has become almost universal by both sellers and lenders. The same features that make it attractive – that it is fast, reliable and irreversible – also make it potentially lethal, if the funds are misdirected.  Every method of delivering money has its drawbacks, counterfeit currency, forged bank checks, and corporate checks with routing numbers for banks on Mars. There is a chink in every suit of armor, and the prevailing hazard is the unreliable integrity, not of the electronic transfer system, but of the instructions received from sellers, lenders and attorneys that are all-to-easily altered or forged.  However, once the hazards are understood, there are defensive measures that can reduce the risks.  We will provide you with effective practices, procedures and forms.
   
 
We look forward to seeing you in Danvers on November 6th!