Utility Easements and Land Use

Utilities are faced with options and choices regarding the manner which they will deliver their product to their customers. They may use the public rights-of-way or may choose to use private easements to lay their lines. This topic helps the person in charge with making the land usage decisions, as well as the city official assisting that person. The topic will discuss the various manners for acquiring the right to lay lines, and the strengths and weaknesses of those manners, and some specific topics that apply to various purposes of land uses.
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OTHER ON-DEMAND WEBINARS

5 Secrets of Public Relations for Real Estate Agents & How to Get Started Today

In this on-demand webinar, public relations expert Dave Platter explains how to conduct a successful and low-cost public relations campaign. He discusses what public relations is, the five secrets of public relations for real estate agents, and how to make the most of your media coverage.
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Webinar: Trends in Real Estate

Ziggu

Which trends are shaping the Real Estate sector today and how will they impact your business tomorrow?
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Probate Real Estate Fast-Track

13k probate cases are opened each week in the United States, involving over 8750 primary residential properties and even more secondary properties! And that’s a low-end estimate! If you'd like to see if becoming a Certified Probate Expert is right for you, register for our new (free) class. We even have a special Goodie Bag of resources just for attendees - Hope you’ll join us
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Mezzanine Foreclosure in Real Estate Finance: UCC Article 9, Mortgage and Intercreditor Constraints, Threshold Issues

Mezzanine loans have become the preferred vehicle for subordinate financing in real estate transactions. The repayment obligation is typically secured by a perfected UCC security interest in the mortgage borrower's equity interests. Counsel should have a thorough understanding of how the foreclosure remedy is exercised under Article 9 and the mezzanine foreclosure ramifications for the mortgage borrower, mortgage lender, and other parties to the transaction. Before commencing foreclosure, the mezzanine lender must review all relevant transaction documents, including UCC insurance policies. If the debtor "opted into" Article 8, the lender must locate the certificate. Counsel must understand the mortgage lender's rights and the rights of any senior mezzanine lenders, ground lessors, or other parties with interest in the underlying property. An intercreditor agreement will likely provide the most significant input into the timing and nature of remedies vis a vis other lenders. Article 9 provides that a public sale must be conducted in a "commercially reasonable" manner, with advance notice to all relevant parties under Sections 9-611 and 9-612. The public must have a "meaningful opportunity" for competitive bidding, requiring some form of advertisement or public notice preceding the sale. The location and manner of the sale should be appropriate to allow for public access to the disposition. Recent New York case law indicates that "commercially reasonable" may entail more stringent standards in light of foreclosure moratoriums and the continuing impacts of the pandemic on real estate properties. The mortgage may limit the transfer of ownership interests in the mortgage borrower to a "qualified transferee," generally defined as either the mezzanine lender itself or an institutional investor meeting specific requirements. This significantly restricts the potential universe of purchasers at a foreclosure sale, and the process of "qualifying" the winning bidder may inject uncertainty surrounding the ability of a buyer to close.
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