ALI-ABA Topical Courses The Art of Reviewing a Leasehold Title Commitment December 15, 2009 Telephone Seminar/Audio Webcast TABLE OF CONTENTS

Transcription

1 ALI-ABA Topical Courses The Art of Reviewing a Leasehold Title Commitment December 15, 2009 Telephone Seminar/Audio Webcast PROGRAM SCHEDULE FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS 1. The Art of Reviewing a Leasehold Title Insurance Commitment By Mark Morfopoulos 2. Leasehold Title Insurance Policy with Endorsements Submitted by Michael J. Berey Page ix xi xiii 1 11 vii

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3 PROGRAM SCHEDULE December 15, 2009 Program Schedule Eastern Central Mountain Pacific Alaska Hawaii National Teleseminar/Webcast 12:00 pm 11:00 am 10:00 am 9:00 am 8:00 am 7:00 am Adjournment 1:30 pm 12:30 pm 11:30 am 10:30 am 9:30 am 8:30 am Scope and Purpose When a tenant leases property, it typically focuses on the lease, and perhaps a guaranty that they may be asked to sign. They may also seek to have the landlord s lender execute a nondisturbance agreement to make sure that its leasehold interests are secure in the event the landlord defaults on its loan. In this timely and informative audio webcast, a panel with extensive leasehold title insurance experience will offer valuable suggestions and practical tips in reviewing a typical leasehold title insurance commitment. This program is a must for practitioners dealing in the often neglected area of leasehold title insurance. Program Schedule (All times eastern standard) 12:00 noon Reviewing a Leasehold Title Commitment 1:30 p.m. Adjournment Total 60-minute hours of instruction: 1.5; Total 50-minute hours of instruction: 1.8 Suggested Prerequisite: Limited experience in subject matter Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments Level of Instruction: Intermediate ix

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5 ALI-ABA Topical Courses The Art of Reviewing a Leasehold Title Commitment Telephone Seminar/Audio Webcast December 15, 2009 PLANNING CHAIR Mark Morfopoulos, Esquire Meislik & Meislik 66 Park Street Montclair, NJ FACULTY Michael J. Berey, Esquire Senior Underwriting Counsel and Senior Vice President, First American Title Insurance Company of New York 633 Third Avenue New York, NY Julie A.S. Williamson, Esquire Akerman Senterfitt One Southeast Third Avenue 25th Floor Miami, FL xi

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7 BIOGRAPHIES PLANNING CHAIR Mark Morfopoulos Meislik & Meislik Montclair, New Jersey Mark Morfopoulos formerly was an in-house attorney for a Fortune 500 company and, as such, regularly handled complex deals at domestic and international locations. While acting as inhouse counsel he was instrumental in initiating a company-wide environmental audit program. As a private practitioner, Mark managed the Toys R Us lease in Times Square, New York and negotiated a successful cable franchise contract with Verizon. Mark s practice focus is on all aspects of commercial real estate transactions, with particular emphasis on leasing and shopping centers. He is also involved in the representation of business owners in various non-real estate related matters. Education B.A. Political Science, History, State University of New York at Binghamton, 1981 J.D., State University of New York at Buffalo, School of Law, 1984 Admitted to Practice New Jersey, 2008 New York, 1985 Professional Memberships and Affiliations American Bar Association New Jersey State Bar Association New York State Bar Association International Council of Shopping Centers Selected Presentations Tenant Pitfalls When Signing SNDA Agreements, Breakfast Roundtable, International Council of Shopping Centers, Phoenix, Arizona, October, 2009 Selected Publications Be Ambiguous at Your Own Risk: Sloppy Draftsmanship Strikes Again!, Shopping Center Legal Update, ICSC, Summer 2009 Lease Audits: Adding Value in Troubled Times, Commercial Leasing Law & Strategy, June, 2009 Negotiating Garage Leases in the Big City, National Parking Association, June, 2009 Seven Ways SNDA Agreements Can Modify Your Lease, Mid Atlantic Real Estate Journal, March 13, 2009 Read Your Lease Before You Send a Letter Exercising Important Rights, Retail Law Strategist, February, 2009 How to Negotiate an Exclusive Use Clause, Commercial Tenant s Lease Insider, December, 2008 Train Staff to Spot Concealed Weapons, Commercial Property Management Insider, December, 2008 xiii

8 The Art of a Municipality Convincing a Utility Company to Relocate Its Lines to Underground Locations, Retail Law Strategist, December, 2008 Attention All Counsel: Consider Ordering Title Searches, online version of Commercial Lease Law Insider, December 15, 2008 Tenants Beware! Lenders Rewrite Leases Through SNDA Agreements, Commercial Leasing Law & Strategy, Part 1, December, 2008 Professionalism is an Asset, New Jersey Law Journal, December 15, 2008 Beware of Traps in Standard Rooftop Lease Agreements, Commercial Lease Law Insider, October, 2008 FACULTY Michael J. Berey, Senior Underwriting Counsel and Senior Vice President First American Title Insurance Company of New York New York, New York Michael J. Berey is Senior Underwriting Counsel and Senior Vice-President for First American Title Insurance Company of New York. He is a Director and Member of the Board of Directors of First American Title Insurance Company of New York and is Vice President of First American Title Insurance Company. Mr. Berey is a Member of the Association of the Bar of the City of New York and serves on the Executive Committee of the Real Property Section of the New York State Bar Association. He is a Fellow of the American College of Mortgage Attorneys and Co-Chair of the Committee on Computerization and Technology of the Real Property Section of the New York State Bar Association. Mr. Berey has written numerous articles that have been published in many publications including The Last Dollar Endorsement and Capping the New York Mortgage, New York Law Journal, October 11, 1995; Changes in City of New York Real Estate Tax Foreclosures, N.Y. Real Property Law Journal, Winter 1997; How Title Insurance Policy Endorsements Add Value, New York Law Journal, March 23, 1998; Revisiting Mortgage Assignments, New York Law Journal, August 24, 1998; Credit Line Mortgages in New York, New York Law Journal, February 17, 1999; Department of Taxation and Finance Rulings on Commercial Credit Line Mortgages, N.Y. Real Property Law Journal, Fall 1999; Real Estate Transfer Taxes: The Mere Change Exemption and Controlling Interest Transfers, N.Y. Real Property Law Journal, Summer 2000 and Association of the Bar of the City of New York Metes and Bounds, Winter 2000; Real Property Transfer Tax: Applying the Continuing Lien Exclusion in Your Practice, New York Law Journal, February 14, 2001; Article 9 Products Covering Mezzanine Loan Financing in New York, New York Law Journal, June 13, 2001; New Title Insurance Policies, Endorsements, New York Law Journal, August 20, 2001; Basics of Revised UCC Article 9, NYSBA Real Property Law Journal, Summer 2001, Vol. 29, No. 2; Tax Aggregation Rules: Traps for the Unwary, New York Law Journal, September 30, 2002; Rules Change on September 1 for Real Property Recordings, New York Law Journal, August 20, 2003; ACRIS E-Tax Forms are Changing Closings in New York City, New York Law Journal, May 10, 2004; New York City Transfer xiv

9 Tax on Multiple Residential Cooperatives and Condominiums, NYSBA N.Y. Real Property Law Journal, Spring 2004, Vol. 32, No. 2.; New York Citys Real Property Transfer Tax and Bulk Sales (Co-Author), New York Law Journal, January 19, 2005; Recording Tax: New Law Requires Added Payment for Spreader Agreements, New York Law Journal, March 9, Mr. Berey received his Law Degree from Boston College of Law. He is admitted to practice in the states of New York and Massachusetts. Julie A.S. Williamson Akerman Senterfitt Miami, Florida Awards & Recognition The Best Lawyers in America 2009, 2010, Listed in Florida for Real Estate Law The International Who's Who of Business Lawyers 2008, 2009, Recommended for Real Estate Super Lawyers Magazine , Ranked in Florida for Real Estate Law Florida Trend's Legal Elite 2004, 2006, Listed for Real Estate Transactions Martindale-Hubbell, AV Rated Florida Real Estate Journal's "Top Women in Commercial Real Estate" 2005 Women's Fund of Miami-Dade, 2005 Annual Luncheon, Honorary Chair The Florida Bar, Real Property, Probate, and Trust Law Section, Service Award, 2000 Stanford (University) Associates, Gold Spike Award Published Work and Lectures Florida Real Property Complex Transactions, Chair, Steering Committee, The Florida Bar, 1996, 2000, 2004, 2008 Editions U.S. ICSC Law Conference, Speaker, "Contract Issues," 2008 ACREL (American College of Real Estate Lawyers), Seminar Leader, "Indemnification Provisions in Contracts," 2008 Florida Investor, Co-Author, "Weathering the Insurance Storm," 2006 U.S. ICSC Law Conferences, Discussion Leader, "Insurance Coverage," 2004, 2005, 2006 ACREL (American College of Real Estate Lawyers), Panelist, "Financing Programs," Georgetown University Law Center Advanced Commercial Leasing Institute, Speaker, "The Shortest Possible Lease," 2004 CREW NetWORKS, a publication of CREW Network, Co-Author, "Insurance: What You Don't Know Can Hurt You," 2003 Georgetown University Law Center Advanced Commercial Leasing Institute, Speaker, "Ethics: Truth in Leasing: to Misrepresent or Not to Misrepresent, That is the Question," 2003 Florida Real Estate Journal, Author, "Dealing with the Extra Space Reality," 2001 xv

10 Professional Education Broadcast Network Live Teleseminar, Speaker, "Planning for Successful Real Estate Closings" Shopping Center World, Author, "Rent Insurance: Setting the Safety Net," 1997 The Complete Lawyer, Author, "Real Property Insurance: Are Your Clients Covered?" 1997 Probate & Property, Co-Author, "Rent Insurance: Are you Covered?" 1996 Frequent speaker and panelist: The Florida Bar, American Bar Association, ACREL, AECRE, ICSC, Georgetown University Advanced Commercial Leasing Institute, the University of Miami Annual Law Conference, Attorneys' Title Insurance Fund Annual Convention Bar Admissions Florida Court Admissions U.S. District Court, Southern District of Florida U.S. Supreme Court Community Involvement American College of Real Estate Lawyers (ACREL), Insurance Committee, Chair; Meetings and Leasing Committees, Member; Collegiality Committee, Membership Committee and Nominating Committee, Past Member The Florida Bar, Real Property, Probate and Trust Law Section, Past Chair; Mortgage Law Committee, Past Chair; Title Insurance Committee and Legislative Committee, Member Foreclosure Study Commission, State of Florida, Past Member Georgetown University Advanced Commercial Leasing Institute, Advisory Boar Member Commercial Real Estate Women (CREW) of Miami, Committee Chair, Past Chair, Board Member, National Delegate, and CREWCareers speaker CREW Network, CREW Foundation Grant Making Committee, Past Trustee International Association of Attorneys and Executives in Corporate Real Estate (AECRE), Past Board Member North Dade and Beaches Real Estate Council, Founding Member St. Martha-Yamaha Concert Series, Founding Chair Friends of Music of the University of Miami Frost School of Music, Past President Funding Arts Network, Grantmaking Committee, Member University of Miami Citizens Board, Past Chair University of Miami School of Music, Visiting Committee, Past Member University of Miami, Board of Trustees, Past Ad Hoc Member St. Martha Church, Eucharistic Minister, FOCCUS premarriage counseling, Pro Bono Committee Member Miami-Dade Gay & Lesbian Chamber of Commerce, Allied Member South Florida Stanford Alumni Association, Board Member Put Something Back (Guardian Ad Litem), Volunteer Coconut Grove Playhouse, Past Board Member Education 1977: J.D., Fordham University School of Law 1966: B.A., Stanford University 1965: Ausländer Institut, University of Heidelberg xvi