2021 REBA Virtual Spring Conference
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This all-virtual program will be broadcast on Monday, May 3, 2021.

 

Schedule

To continue serving the needs of our members in today’s era of social distancing and remote work and learning, the 2021 REBA Spring Conference will be a completely virtual experience, permitting registrants to access, at their convenience, all 14 of the hour-long, RIMCLE-accredited* scheduled breakout sessions remotely from their homes or offices.

On Monday, May 3, 2021, video recordings of the hour-long, RIMCLE-accredited breakout presentations, as well as the session materials and conference syllabus, will be available online to registrants for 90 days.  At 1:30 pm, there will be a live broadcast of the plenary session and business meeting, with remarks from REBA President Neil Golden. 

 

*REBA’s SC21 is pending RIMCLE approval for 300 minutes of general, OR 60 minutes of ethics + 240 minutes of general, video replay credits*

 

 

Massachusetts Wetlands Law and Permitting Update
Luke H. Legere; Nathaniel Stevens

Permitting under the state Wetlands Protection Act and local wetlands bylaws/ordinances has presented unique issues, last year and into this year, some of which will have a lasting impact. Since March of 2020, a series of rule and law changes have been issued from a variety of authorities almost monthly, largely due to COVID-19, with many but not all of these changes still in effect. Also, during this time, the Massachusetts Department of Environmental Protection (MassDEP) has continued to develop revisions to its wetland regulations and stormwater requirements. In addition, the MassDEP Commissioner and Massachusetts courts have rendered decisions that help guide wetlands permitting. Many of these developments alter how conservation commissions and the MassDEP receive, hear and process wetland permit applications, as well as how they issue wetland permit decisions.

   
  Wire Fraud and Cyber Insurance Coverage
Dina B. Browne; David Javaheri
 
Our speakers will present the latest information about the threat of wire fraud and what is being done to combat it, as well as cyber insurance coverage recommended for conveyancers. The panelists will also discuss how cyber insurance claims are handled from an incident-response viewpoint, as well as what occurs behind the scenes in the “Dark Web” during any given wire fraud and the many ruses employed to accomplish wire fraud.
   
  Navigating Landlord/Tenant Law and Summary Process Actions in 2021
Hon. Alexander Mitchell-Munevar; Ted S. Papadopoulos 
As the world adapts to a new global environment with the COVID-19 pandemic, landlords and tenants are struggling to understand their "modified" rights and obligations. This program covers the [temporary] changes to the summary process rules in Massachusetts, as well as some best practice suggestions ensuring smooth sailing over these uncharted and very rough waters. The panel will cover both residential and commercial tenancies, as well as the scheduling challenges that the courts face accomplishing their primary goal – to assist litigants in resolving their issues, while preserving tenancies whenever possible/mutually agreeable.
   
  Proposed REBA Form No. 66: Rider for Residential Purchase & Sales Agreements  ~ Practical Skills
Lisa J. Delaney
REBA’s Proposed Form No. 66, Rider for Residential Purchase and Sale Agreements, drafted by the Standards & Forms Committee and approved by the Association’s Board of Directors, will be presented for a vote of acceptance by the REBA membership at this year’s Spring Conference. The Rider offers a host of valuable provisions to supplement residential buyer and seller purchase and sale agreements. This comprehensive Rider curates and organizes provisions, which have been in use for many years, while also modernizing each provision for the current transactional and technological era. As a working document, practitioners are encouraged to edit and customize the Rider’s updated provisions to fit the details of each transaction, as well as the client’s specific needs. The Rider will become an industry standard for residential purchase and sale agreements for the conveyancing world.
   

 

Help! Is There a Title or Practice Standard for That? Practical Skills
Jutta R. Deeney; Julie M. Palmaccio

Have you ever asked yourself, “how do I solve that? Is this really a problem?” If so, this practical skills session is for you. There are 84 REBA title standards and 65 forms that address a variety of subjects, from the common to the obscure. This session focuses on some of the less commonly used standards and forms, as well as some recently revised standards, including equity judgments, code violations, corporate transfers after dissolution, evidence of death, and many more.
   
  Understanding Errors and Omissions Policies for Title Insurance Agents ~ Practical Skills
Christopher Brammer; Jennifer L. Markowski

A practical discussion of the protections afforded under errors and omissions insurance policies (“E&O coverage), this program is a must for any conveyancer who also serves as an agent for title insurance underwriters. The task of obtaining appropriate insurance coverage to anticipate the needs of a real estate practice is one which should be given careful thought. This program will focus on identifying common claims and potential risks so that practitioners are prepared to ask important questions and make informed decisions when applying for and renewing their E&O coverage. The panelists, Christopher Brammer, Vice President of Lemme Insurance Brokers & Consultants and former Association President Jennifer Markowski, Partner at Freeman Mathis & Gary, LLP, will also provide guidance on identifying and reporting claims should they arise.
   

 

Estate Tax Lien & Title: Practical Review of the Estate Tax Lien, its Release & Updates ~ Practical Skills
Shannon O. Coleman; Kimberly A. Litwinczak
Following the death of an owner of Massachusetts real estate, an automatic estate tax lien attaches to their property includable in their estate, including their real estate. This practical skills session will review the Massachusetts and Federal estate tax liens, and discuss the circumstances requiring estate tax clearance and how to release estate tax liens. The panelists will review the provisions of M.G.L. c. 65C §14(a) and advise when affidavits may be used to address estate taxes, or if a Certificate Releasing Massachusetts Estate Tax Lien and/or a Certificate of Discharge from Federal Estate Tax Lien is required. The panelists will also discuss 2018 REBA Form No. 32A and amended REBA Title Standard No. 3.
   
  You Can't Judge a Title Abstract By Its Cover ~ Practical Skills
Joel A. Stein; Elizabeth J. Young
The title report for the upcoming closing is in your hands. What does it mean? What documents do you need to review? How do you know what the title examiner reviewed? Where are encumbrances listed on the title insurance commitment? Where do exceptions go? Joel Stein and Beth Young, both quintessential title examiners, will discuss the importance of the title examination, the title examiner, and how you will use the title examination to ensure that the buyer and the lender have good title.
   
  Lending and Condominiums: Preserving Priority and Protecting Principal ~ Practical Skills
Kimberly A. Bielan; Thomas O. Moriarty
This program addresses the complications arising with using rights and interests created in a condominium master deed, or conferred under the Condominium Act, M.G.L. c. 183A, as collateral and/or security for construction loans or loans to condo associations. During the construction of a phased condo, in most circumstances a lender’s prior recorded security interest must morph from a mortgage on land owned in fee by the borrower, into a mortgage on the interests that are created and/or reserved by the borrower with the recording of a master deed submitting that encumbered land to condo status. Should a mortgage be amended and subordinated to the governing documents of the condo? What are the mortgagee’s rights in the event that the mortgage is not subordinated? What is the impact of a partial discharge of an unsubordinated mortgage in connection with the sale of a unit? How should a mortgagee perfect its security interest in the rights reserved by its borrower in the master deed? What hidden risks are presented? Should an association be terminated, for any number of reasons, during the development project and how can those risks be addressed?

Lending to associations also presents unique circumstances. As a condo association typically owns no real property, there is no real estate interest to pledge as collateral. How are these loans secured? What issues must be addressed to ensure the security interest is sufficient? What unseen risks are presented and how are they addressed? The panelists will address these questions, and more, (including discussion of the Appeals Court’s decision in Trustees of Beechwood Village Condominium Trust v. USAlliance Federal Credit Union (2019)), with specific, real world recommendations that practitioners can incorporate into their practices, whether they represent lenders, developers, associations or buyers.

   
  Lessons from Trials by Zoom ~ Practical Skills
Kendra L. Berardi; Danielle Andrews Long
The COVID-19 pandemic has changed so much, including how lawyers, and litigants, access and use the courts. Perhaps one of the most notable changes is the conduct of trials by Zoom. This panel will explore the experiences of two land use litigators who have tried multiple remote cases in the Land Court, including a discussion of the challenges, as well as the benefits, of Zoom trials, the lessons learned so far, and predictions on how current remote practices may carry forward in the post-COVID world.
   
  Finally! The Zoning Act Has Been Amended (But Will the Amendments Actually Mean Anything) ~ Practical Skills
Barbara Huggins Carboni; Joel B. Quick
The Commonwealth’s economic relief bill, precipitated by the COVID-19 pandemic, recently, includes a series of amendments to the Zoning Act, including elements from the Governor’s Housing Choice Bill. There has already been vigorous debate within the real estate bar about what relevant changes will accomplish in practice. Each of the panelists will provide insights about the new law.
   
  Global Overview of Remote Online Notarization (RON) Legislation ~ Practical Skills
Tucker Dulong; Francis J. Nolan
More than half the states across the country have adopted legislation allowing for some form of remote online notarization, popularly referenced as “RON.”  In response to the emergency of the COVID-19 pandemic, the Massachusetts legislature enacted emergency legislation last year providing for the temporary use of “remote in-person [or ink] notarization,” or “RIN.” The long-term questions remain: should Massachusetts permanently adopt remote online notarization? What are the implications for real estate practitioners, including title examiners, of the adoption of RON? And if RON is to be enacted in Massachusetts, how can it be shaped to protect consumers and other parties to real estate transactions?  Our panelists will review the state of RON both within and beyond Massachusetts, focusing on pending legislation, the pros and cons of RON, and preserving the integrity of real estate transactions in a world seemingly hurtling towards “swipe right, get mortgage.”
   
  Remote Ink-Signed Notarization (RIN) Legislation ~ Practical Skills
Dominc H. Poncia III
This program offers a brief overview of the temporary Massachusetts statute that was enacted, with help from REBA and other stakeholders, in the early weeks following the March 10, 2020 declaration of a State of Emergency. The legislation, which we call “RIN,” will expire within days of the termination of our current State of Emergency. Unlike RON, our hybrid legislation maintains the centrality of the attorney in the closing process.
   
  Recent Development in Massachusetts Case Law
Philip S. Lapatin

Now in his forty-third year as case commentator at REBA’s twice-yearly conferences, Phil Lapatin continues to draw a full house with this session. Attending his twice-yearly presentations are a must for any practicing real estate lawyer.  Phil is the 2008 recipient of the Association’s highest honor, the Richard B. Johnson Award.
 
 
Register for the SC21 Online
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