Author: Robert A. Thompson
Publisher: Amer Bar Assn
Release Date: 2009
This is the standard text for the preparation and negotiation of real estate opinion letters, providing detailed and comprehensive analysis of the theories and standards of legal liability and professional responsibility which govern the preparation and enforcement of all legal opinions—a subject of increasing concern to lawyers, law firms and professional liability insurers. It addresses the issues of general enforceability of mortgage loan documents, usury, choice of law, title issues, ethical considerations, land use and environmental concerns, among other matters unique to real estate transactions.
Author: M. John Sterba
Publisher: Aspen Publishers Online
Release Date: 2002-12-01
The demand for legal opinions is growing while the ground rules keep changing. Keep abreast of the latest developments with the third edition of Legal Opinion Letters. This unique guide covers all aspects - drafting, requesting, receiving, interpreting and evaluating - of both client and third-party legal opinion letters. Legal Opinion Letters provides comprehensive coverage not only of the standard corporate and securities third-party opinion letters, but also real estate opinions, tax, intellectual property, bankruptcy, letters to auditors, international opinions, and liability just to name a few. Special attention is given to exposure to liability, an area of great concern to the opinion practice attorney. It also examines the current content of actual letters used to address these topics. All of this valuable information is provided in light of current case law, the ABA Legal Opinion Report, The TriBar Report and several excellent state bar reports. It is a contributed work with introductory chapters by M. John Sterba, Jr., and additional chapters by a host of other expert pracitioners. The advice you find in Legal Opinion Letters may very well affect your very next legal opinion.
Author: Donald W. Glazer
Publisher: Aspen Publishers
Release Date: 2008
Now you can draft and defend accurate, well-supported third party legal opinions with complete confidence! In Glazer and FitzGibbon on Legal Opinions: Drafting, Interpreting, and Supporting Closing Opinions in Business Transactions, Third Edition, three outstanding authorities give you intensely practical guidance - including sample opinion language throughout the text - that shows you how to determine which versions of the standard opinion clauses you should use, establish the factual basis for the opinion, and take all the steps necessary to support your opinion. The authors describe customary practice and its implications, identify areas of uncertainty and suggests how disputed areas should be resolved. Extensive appendices reproduce all the ABA and TriBar Opinion Committee Reports, as well as all the Bar Association reports of various states. This valuable information is also included on a bonus companion CD-ROM.
Author: A. Sidney Holderness
Publisher: Aspen Law & Business
Release Date: 2010
Legal Opinion Letters Formbook, Third Edition, is an invaluable resource when you need to render a legal opinion letter for various types of financing transactions. Basics and advanced topics about legal opinion writing are included. Numerous forms, with commentary, are featured from contributors with expertise in their respective fields. The book has a unique chapter on intellectual property, and forms and examples are included in the appendices and the CD. Legal Opinion Letters Formbook, Third Edition, includes: Legal opinion letter forms and commentary for bank loans, secured and unsecured, private offerings of debt and equity, real estate deed of trust, securities law, entity status; officers' certificates; allocation of opinions between counsel; and special topics Numerous forms, in both its text and appendixes with commentary by contributors with expertise in their respective fields of corporate financing transactions, securities law, and forms for other matters relevant to third-party transactions The basics of legal writing and third-party legal opinion writing with a self-test on an example (with answers) Customary practice applied to the negotiation and preparation of third-party legal opinion letters Details about legal conclusions that opinion preparers are often asked to include in third-party opinions Description of the preparersand’ duties to assemble the facts upon which the opinion is based A chapter, not about third-party opinions, but a useful presentation of intellectual property opinion forms with commentary for patent, trade-dress, and trade-secret opinions to the client. AND a CD for ready and convenient access to the bookand’s forms. Legal Opinion Letters Formbook, Third Edition is not a treatise but a and“how toand” book for both lawyers who want to become proficient in third-party legal opinion practice, and for lawyers experienced in this practice who want to renew their knowledge in this area.
Author: Steven W. Bender
Publisher: Wolters Kluwer Law & Business
Release Date: 2012-10-08
Modern Real Estate Finance and Land Transfer--sophisticated, yet teachable--explains the increasingly complex legal, business, and tax issues surrounding real estate transactions with discussion relevant to both commercial and residential situations. Through a transactional and interdisciplinary approach, students learn the general rules of law, their underlying rationale or policy, and how (or whether) a rule can be superseded by the mutual consent. Real-world examples help foster practical skills required of attorneys in real estate firms, and the text is appropriate for both the basic Real Estate course and advanced seminar. Topical and chronological organization features coverage of both Real Estate and Real Estate Finance and follows the lending cycle in modern financing. Questions and planning problems help students examine issues in the context of relevant transactions and documents. The authors are scholar-practitioners who skillfully the mix practical skills and theory students will need in today's competitive legal markets. The Fifth Edition has been thoroughly updated to reflect changes in the law since 2008, including case law and statutory responses to the mortgage crisis in residential real estate; foreclosure defense strategies; policy implications of the mortgage crisis, including the role of lawyers; the expanded role of ADR in real estate transactions; and securitization in light of the mortgage crisis. Features: sophisticated, yet teachable--thoroughly explains complex legal, business, and tax issues in real estate transactions transactional, interdisciplinary approach teaches the general rules of law shows underlying rationale or policy explores how (or whether) a rule can be superseded by mutual consent real-world examples and accessible explanations topical and chronological organization coverage of both Real Estate and Real Estate Finance follows lending cycle in modern real estate financing appropriate for both basic Real Estate course and advanced seminar relevant Questions and planning problems written by scholar-practitioners who blend practical skills with theory suited to both commercial and residential real estate transactions Thoroughly updated, the revised Fifth Edition presents changes in the law since 2008: case law and statutory responses to the mortgage crisis in residential real estate foreclosure defense strategies policy implications of the mortgage crisis, including the role of lawyers the expanded role of ADR in real estate transactions securitization in light of the mortgage crisis The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
Publisher: Aspen Law & Business
Release Date: 2008
This challenging yet accessible casebook examines the legal, business, and tax issues of real estate financing through a transactional and interdisciplinary approach. Written by scholar-practitioners, Modern Real Estate Finance and Land Transfer: A Transactional Approach, Fourth Edition, uses real-world examples to illustrate the lawyer's role in both residential and commercial real estate transactions. Among the attributes that make this class-tested casebook a success: a sophisticated, yet teachable style thorough explanations of the increasingly complex legal, business, and tax issues surrounding real estate transactions the transactional and interdisciplinary approach demonstrates the general rules of law that govern a given real estate transaction, the rules' underlying rationale or policy, and how (or whether) a rule can be superseded by the mutual consent of each party real-world examples that help foster practical skills required of attorneys in real estate firms and clear explanations that demonstrate rules of law that govern a real estate transaction questions and planning problems that allow students to examine issues in the context of relevant transactions or documents a topical and chronological organization that covers both real estate and real estate finance and follows the lending cycle in modern real estate financing Special features of the Fourth Edition, completely updated to reflect changes in the law, include: bankruptcy reform law changes discussion of the popularization in recent years of "exotic" forms of financing, particularly in residential markets changes in the prepayment area treatment of the so-called mortgage meltdown in 2007 updated and substantially rewritten materials on the economics of real estate investments, selection of the ownership entity, and securitization new title insurance forms consideration of mold--the "new asbestos" an updated Teacher's Manual Modern Real Estate Finance and Land Transfer: A Transactional Approach, Fourth Edition, is the perfect casebook for professors who cover the complex financial and tax aspects of real estate law--whether in a basic real estate course and or an advanced seminar.