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From The Chair
Thomas C. Barbuti, Chair |
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Thomas C. Barbuti is a Partner in the Real Estate Section of
Whiteford, Taylor & Preston specializing in all aspects of commercial
real estate transactions. He is the Chair of the Section Council of the
Real Property, Planning and Zoning Section of the Maryland State Bar
Association and a member of the American College of Real Estate Lawyers. |
2006 promises to be an exciting
and interesting year for members of the Section of Real Property, Planning
and Zoning. We have several projects underway at this point.
We have solicited many of you to
be volunteers for a mentor/mentee program with law students from The
University of Maryland Law School Real
Estate Law Club and the enthusiastic student members there, we have helped
stimulate the organization of a Real Estate Law Club at The University of
Baltimore Law School. The UB Club also has many members, and as a result we
are in need of additional mentors. The form for signing up to be a mentor
can be found on the Real Property Section’s website at
http://www.msba.org/sec_comm/sections/realprop/. We hope to have as
many as 40 to 50 mentors matched with 40 to 50 law students. The mentor/mentee
program is a wonderful way for established real estate practitioners to
share the experiences of their careers and practices with budding law
students who have an interest in real property law. After all, they are our
future brothers and sisters at the Bar and some of them may even develop
into the next generation of real estate developers in this area. Please
contact me, the Section Chair, Guy Flynn at DLA Piper, or Kimberly Burgess
at Wilmer Hale, if you are interested in volunteering to be a mentor.
In addition to the mentor/mentee program,
we are very carefully monitoring legislation that is being introduced in
response to the Supreme Court decision in the Kelo condemnation case.
Terry Shea, as Chair, and the rest of the members of the Legislative Liaison
Committee, have been reviewing bills as they are introduced by the
Legislature. In addition, we have established an Eminent Domain Committee,
and Barry Weiskopf is taking a very active role in coordinating the
dissemination of information about eminent domain legislation, both federal
and state, among the Real Property Section, and in conjunction with other
Sections of the Maryland State Bar Association. Anyone having any questions
about eminent domain legislation should feel free to contact Barry Weiskopf
at Tydings & Rosenberg. (view article in it's entirety)
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Mentor Program Update
This past year, the MSBA Real Property Section
Mentor Program enjoyed great success in its partnership with the University
of Maryland and has initiated a sister program with students at the
University of Baltimore law school. On February 22, 2006, there was a
Mentor Kick Off Lunch reception for the University of Maryland students and
their mentors. The University of Baltimore students also have begun putting
together a real estate club and are in the process of matching prospective
mentors with mentees. We had a very successful showing from attorneys all
over the State of Maryland, all of whom have been enthusiastic about the
opportunity to share their expertise with future attorneys in the real
estate practice. We encourage all existing mentors to continue contact with
their mentees over the summer months and for all prospective mentors to look
for additional information beginning in the fall.
Kim Mattonen
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New Foreclosure Law Aids Homeowners
By Ronald S. Deutsch
Tom Peters once stated, "If a window
of opportunity appears, don’t pull down the shade." Maryland is attempting
to pull down the shade on foreclosure opportunists. Newly enacted Real
Property Article §§7-301 thru 7-321, "Protection of Homeowners in
Foreclosure", and revised §7-105 are intended to address and inhibit various
opportunistic pre-foreclosure activities. The legislature perceived problems
faced by certain homeowners and has acted to provide homeowners additional
protection.
As background, the National Consumer
Law Center recently issued a report on the rise of foreclosure scams. The
Center found that certain dubious transactions caused the fraudulent loss of
equity and/or homes at an alarming and ever increasing rate. The report
states that "many, many thousands" of people have been victimized. A chief
location of such victimizations is the Baltimore/Washington Metropolitan
Area.
What is causing this outburst of scams in the
Baltimore-Washington region? The substantial escalation in housing prices
has created a group of cash strapped but house rich owners, who are
particularly vulnerable when hit by job loss or medical problems.
Additionally, the regulatory push to increase home ownership access for
lower income groups has caused sub-prime lending to flourish. Sub-prime
programs provide credit to borrowers with past credit problems and who
otherwise would not qualify for conventional prime lending products.
(view
article in it's entirety)
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Lawyers' Opinions Project
Update
By Mark D. Dopkin
In January 1989, the Special Joint Committee of
the Maryland State Bar Association, Inc. and The Bar Association of
Baltimore City published the Lawyers’ Opinions in Commercial
Transactions. In the Spring of 2005, a joint committee of the Business
Law Section and Real Property, Planning and Zoning Section of the MSBA
was convened as the MSBA Opinion Project Committee. The charge of the
MSBA Opinion Project Committee is to review the 1989 report and update
as necessary. Chaired by Charles J. Morton the Committee’s goal is to
complete its work and present a report at the 2006 MSBA Annual Meeting
in June 2006. Several subcommittees have been created to consider
discrete portions of typical legal opinions. The subcommittees and their
respective chairs are:
Entities
Equities
No Violations
Procedures
Perfection/Priority
Ethical Issues
Litigation
Assumptions/Knowledge qualifiers
Miscellaneous/Other
Enforceability
Format
Steering |
Sharon
Kroupa
Eric Orlinsky
Thomas E. D. Millspaugh
Deborah H. Diehl and James C. Holman
Craig Fitzenreiter and Susan L. Spence
Fred Wolf, III
D. Scott Freed
Mark D. Dopkin
James D. Oliver and David Naka
Emery B. McRill and Lori A. Nichole
Jerald B. Lurie and Davis Sherman
Charles J. Morton |
The Committee has been meeting
monthly to consider and coordinate the reports of the various
subcommittees. One obvious area to be addressed is the inclusion of
entities that did not exist in 1989. Although details are not available,
it has been the general sense of the members that the 1989 Report has
been very well received and is widely used. Accordingly, it would be
counter productive to make drastic changes except when necessary.
Mark D. Dopkin is a Partner of Tydings and
Rosenberg, focusing his practice in real estate. Mr. Dopkin is a Past
Chair of the Real Property, Planning and Zoning Section Council of the
MSBA.
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Understanding Defeasance
Transactions
By J. Paul Rieger, Jr., Esq.
Most real estate attorneys have a foggy
recollection of the term "defeasance" from first-year property class. "Defeasible
fee simple estates" were those present, possessory estates, subject to
termination upon the occurrence or non-occurrence of certain future events.
The fee simple title could be "defeased" – defeated, unraveled or undone, by
an event in the future, causing title, or the right to title, to revert or
vest in the holder of the future estate.
"Defeasance" has a similar meaning in the
context of securitized or "conduit" lending. But, rather than represent a
complete termination or unraveling of a securitized loan deal, "defeasance"
means an unraveling for the purpose of replacing or substituting collateral
in the securitized loan pool.
A little background may be helpful.
Securitized lending and the issuance of mortgage-backed securities have been
part of the world of residential financing since the formation of Fannie Mae
following the Depression. Fannie Mae was originally chartered to purchase
FHA insured residential mortgage loans from local thrift institutions in
order to generate more loanable funds for the thrifts. Fannie Mae (and later
other government or government-sponsored entities such as Ginnie Mae and
Freddie Mac) developed expertise in pooling together the purchased
residential mortgage loans, which, along with guarantees and other credit
enhancements, would be used to create mortgaged-backed securities. The sale
of the securities would create more funds which could be used to purchase
more residential mortgage loans. 1
(view article in it's entirety)
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Section of Real Property, Planning and Zoning – Maryland State Bar
Association
Nominate the Maryland Attorney Deserving of the
Distinguished Maryland Real Property Practitioner for 2005 - 2006
Background Information and Instructions:
- In the areas below and on the second
page, provide requested information about you and any information that
is reasonably available to you about the nominee.
- Only current, dues-paying members of
the MSBA and the Section, currently licensed to practice in Maryland
may make nominations. A person may make more than one nomination.
- Current members of the Section Council
are not eligible to be nominated.
- To be eligible for nomination, a
person must:
1.Currently be licensed to practice in Maryland.
2.Currently be a dues-paying member of the MSBA and the
Section.
3.Practice predominately in the area of real property, planning
or zoning.
4.Practice predominately (i.e. have personal principal office
location) in Maryland.
5.Be actively engaged in the practice of law in the 12-month
period prior to the nomination deadline.
6.Not be a prior recipient of the award.
- The award will be presented at the
annual meeting of the Real Property, Planning and Zoning Section to be
held on June 16, 2006.
- The Section Council will select the
recipient. Please submit your completed nomination form by mail or
e-mail, by the close of business on April 3, 2006, to Tracey E.
Skinner, Attorney at Law, 2 N. Charles Street, Suite 500, Baltimore,
Maryland 21201, Phone 410.752.2052, Fax 410.576-0052, E-mail
Teskinner@aol.com.
Uplaod PDF Nomination Form
(*Please note this deadline has passed.)
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Legislative Summary
Below are
summaries of select legislation passed by the General Assembly in its 2006
legislative session. The legislation is organized by Code Article,
primarily Property and Tax-Property, but include a few other articles as
well. You can check a bill’s status, or find its full text, at the General
Assembly’s website,
http://mlis.state.md.us.
Many thanks
to each member of the Real Property Section’s Legislative Liaison Committee
for their dedication this past session in reviewing and commenting upon
these bills and a multitude of others, and my acknowledgments to Stuart D.
Kaplow and Paul Reiger for their assistance in compiling this summary.
(view article in it's entirety)
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Real Property,
Planning and Zoning Section Council Members
Thomas C. Barbuti, Esq.,
Chair
Partner, Whiteford, Taylor & Preston, LLC, Baltimore
Thomas C.
Barbuti is a Partner in the Real Estate Section of Whiteford, Taylor &
Preston specializing in all aspects of commercial real estate
transactions. He is the Chair of the Section Council of the Real
Property, Planning and Zoning Section of the Maryland State Bar
Association and a member of the American College of Real Estate
Lawyers. Mr. Barbuti graduated with honors from Rutgers
University-Camden School of Law in 1974 and is admitted to the Bar in
both Maryland and the District of Columbia.
Tracey E. Skinner, Esq.,
Vice Chair
Tracey E. Skinner, Attorney at Law, Baltimore
Tracey Skinner
counsels small to mid-size business owners and developers in their
real estate and business matters. She has been a solo practitioner for
14 years, crediting her ability to build a sophisticated real estate
and business practice to the partners at the law firms where she
practiced for her first 7 years as an attorney.
Michael S. Swanenberg, Esq.,
Secretary
Counsel, Townsend Capital, Towson
Sara H. Arthur, Esq.,
Hyatt, Peters & Weber, LLP, Annapolis
Michelle R. Curtis, Esq.,
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.,
Rockville
Ronald S. Deustch,
Esq., Partner, Cohn, Goldberg & Deustch, Towson
Ron Deustch
specializes in foreclosures and spearheaded the creation of the
Foreclosure Committee of the Real Property, Planning and Zoning
Section. He currently is a member of the Section’s Council.
Michelle Didonato, Esq.,
Partner, Reese and Carney, LLP, Columbia
Michelle
Didonato graduated from the University of Baltimore School of Law in
1998. Her area of practice focuses on the acquisition, development and
financing of real property, specifically multifamily housing. Ms.
DiDonato currently co-chairs the Real Property Annual Meeting in Ocean
City, MD.
Guy E. Flynn, Esq. ,
Partner, DLA Piper Rudnick Gray Cary US, LLP, Baltimore
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Guy Flynn specializes
in commercial real estate and finance transactions throughout North
America and around the world, with an emphasis on joint ventures and
acquisitions on behalf of pension funds, insurance companies, and
public REITs. His community activities focus on children’s issues,
including serving on the boards of Family & Children’s Services of
Central Maryland, Inc. and St. Elizabeth School. His civic and
professional activities include serving on the Section Council of the
Maryland State Bar Association Real Property, Planning and Zoning
Section and as a member of The Aspen Institute’s 25th Anniversary
Justice & Society Seminar.
Nancy Haas, Esq.,
Partner, Abramoff, Neuberger and Linder, LLP, Baltimore
Nancy Haas
practices in the areas of real estate development, leasing, community
associations and condominiums and other aspects of commercial real
estate transactions. She is a Past Chair of the Section of Real
Property, Planning and Zoning and of the Legislative Liaison Committee
of the Section. Ms. Haas currently co-chairs the Advanced Real
Property Institute, an all-day continuing legal education program
co-sponsored by the Section and MICPEL.
David M. Kochanski,
Immediate Past Chair, Partner, Shulman, Rogers, Gandal, Pordy &
Ecker, P.A., Rockville
Nicole M. Lacoste, Esq.,
Associate, Ballard Spahr Andrews & Ingersoll, LLP, Baltimore
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Nicole Lacoste
practices in the areas of zoning, land use, and environmental law. Ms.
Lacoste is a graduate of the University of Maryland School of Law
(J.D. 1999), a graduate of the University of Maryland School of
Architecture, Planning & Preservation (M.C.P. 2000), and a honors
graduate of Immaculata University (B.A. 1991). Ms. Lacoste has chaired
the Commercial Real Estate Attorney’s Discussion Group.
Edward Urban Lee III, Esq.,
Whiteford, Taylor & Preston LLP,
Baltimore
- Ed Lee is the Chair of
Commercial Real Estate Attorneys’ Discussion Group for the Section.
Hilary J. O’Connor, Esq.,
Senior Counsel, Rosenberg |
Martin | Funk | Greenberg, LLP, Baltimore
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Hilary O’Connor
graduated from the University of Baltimore School of Law in 1996 (cum
laude). Her practice focuses on representing clients in connection
with the acquisition, development and financing of real property, as
well representing landlords and tenants in commercial leasing matters.
H. Mark Rabin, Esq.,
Selzer Gurvitch Rabin & Obecny, Chartered, Bethesda
J. Paul Rieger, Jr., Esq. ,
Maryland State Counsel and Vice President, LandAmerica Commonwealth Land
Title Insurance Company, Baltimore
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Paul Rieger, as a
former associate in the real estate practice group of Venable, Baetjer
and Howard, of Baltimore, has over twenty-five years of title
searching, title examining and title insurance experience. He received
his J.D. Degree, Magna Cum Laude, from The University of Baltimore
School of Law, and his B.A. Degree, Cum Laude, from Loyola College. He
is a member of the Baltimore County and Maryland State Bar
Associations. Paul has lectured extensively at MICPEL and National
Business Institute seminars on the topics of title examination,
boundary law and advanced real estate law, and he currently serves on
the Maryland State Bar Association Real Property Legislative Committee
and Section Council.
Theresa Burian Shea, Esq.,
Real Estate Counsel, Baltimore, Gas & Electric,
Baltimore
- Terry is the Chair of Code Revision
(Legislative Liaison) Committee of the Section.
Raymond G. Truitt, Esq.,
Managing Partner, Ballard
Spahr Andrews & Ingersoll, LLP, Baltimore
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Ray Truitt concentrates
his practice in commercial real estate financing, leasing,
development, and restructuring. In addition to being a Past Chair of
the Section and of the Legislative Liaison Committee, he is a member
of the Advisory Board of the Georgetown University Advanced Commercial
Leasing Institute and a former adjunct faculty member at the Allan
Berman Real Estate Institute of Johns Hopkins University and the
University of Baltimore School of Law. He has contributed to various
legal publications and is a frequent speaker for MICPEL, the
International Council of Shopping Centers (ICSC), and other
organizations.
Barry Weiskopf, Esq.,
Tydings & Rosenberg, Baltimore
Jack N. Zemil, Esq.,
Partner, Saul Ewing, LLP, Baltimore
- Jack Zemil has been a real estate practitioner
since 1968, and a frequent writer and speaker for MSBA, MICPEL, ABA,
Lex Mundi and ICSC. He is a former chair of the Commercial Real Estate
Discussion Group and of numerous educational sessions for the
Section’s Annual Meeting.
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