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On this edition of The Landy Law Letter, host John L. Torvi, from the Herbert H. Landy Insurance Agency of Needham, Massachusetts welcomes Attorney Kathy Farrell, owner and principal of a real estate law practice at the law firm of Deschenes & Farrell, P.C. John and Kathy discuss the unique issues in successfully managing a law practice focused on real estate law and the challenges of real estate law in todayas turbulent real estate market.
The sub-prime mortgage mess, foreclosures and housing downturn. The real estate world is stagnant and the U-S is now involved in a huge housing crisis leading many to take advantage and prey on vulnerable homeowners and Mortgage fraud is one product of the fall of the housing market. Join Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi, as they turn to the experts, real estate insider, Richard Hagar and Attorney Melissa Huelsman, to discuss the ins and out of the real estate crisis and mortage fraud. They will highlight the Operation Homewrecker case, the rise in mortgage fraud and how to protect yourself from mortgage fraud and rise above the present real estate crisis.
Did you know you can structure the sale of your real estate property or your business? Join Ringler Radio host, Larry Cohen, head of NE Operations for Ringler Associates and James Brady, in charge of Ringler’s Southern California operation, for the latest news on installment sales. The use of structures in the real estate market brings a whole new strategy to the settlement industry. Our special guest and nationally known expert is Attorney Rob Wood, from the Robert W. Wood Professional Organization in San Francisco. Attorney Wood is the premier expert in tax law and one of the few who truly understands installment sales. Find out all the details on this show!
Hi Jordan, One, there are great swaths of the law that absolutely would not be improved by some of the changes you are trumpeting. You seem to think that lawyers have an unfair monopoly, but lawyers are not a monopoly as that term is generally used. For example, in my main area, real estate law, there are 7,500 lawyers practising real estate law in Ontario, about 400 in my city alone, against whom I have to compete for business. A “monopoly” featuring 7,500 competitors in one jurisdiction is not a monopoly contrary to the public interest. A monopoly is having just four billion-dollar companies controlling 87% of the conveyancing business as is the case in the US. In Ontario, despite the existence of the so-called but misnamed monopoly, we have 7,500 competitors. In the US, where no laws protect lawyers (and by extension the public), there are essentially four competitors. Which system do you think produces the greater benefit to the public and to the integrity of the registry system? The competition among real estate lawyers in Ontario is ferocious and is why legal fees for real estate work have not budged against inflation in the 28 years I have been practising. In jurisdictions where large corporations have killed off the real estate lawyers (partly by claiming in their naked self-interest that all they want to do is be able to “compete” with lawyers), competition is hugely reduced as the lawyers are quickly loss-leadered into extinction. Lawyers in the US have told me the process takes less than nine months. Once the lawyers are gone (and have moved into other areas of law such as litigation where, desperate for work, they sue McDonalds for spilling coffee in your own lap and doctors for hangnails thereby driving up the cost of medical services to asinine, tragic levels), the market is then run by a handful of large corporations to the immeasurably huge detriment and horrendous cost to the public. Be careful what you wish for. If you want more “competition” in Ontario than the very high level that currently exists in such areas as real estate law, you will produce an environment that will destroy competition and cost the public astronomically more than what the lawyers ever charged (and get far inferior service in the bargain). I can demonstrate to you that a title insurance regime versus a lawyer and survey based regime is, far from cheaper than lawyers and surveyors, about 14 times more expensive to the public than a lawyer and survey regime while simultaneously delivering a vastly inferior product. Two, almost all commentators, yourself included, continue to make the mistake of lumping small firm solicitors work in with the access to justice problem in the barrister world. There is no access to solicitors problem. We are in every community and the fees we charge from start to finish on the file are in the few hundred dollar range – very affordable, and usually considerably less than what other players (e.g., realtors, mortgage brokers, and so on) are charging, especially when measured against the time and effort devoted versus the charges for that time and effort. Three, there is an access to justice problem affecting barrister work. That much is obvious. Litigation is very time consuming and time is money. Those with money are better able to spend the money to pay for the time it takes to win (and winning is what the clients care about) and that hurts those without the same resources. That has not changed since the last Ice Age. The main reason litigation is so expensive (the fees charged from start to finish in litigation files are far, far higher than the per file fees of small firm solicitors) is because it takes so long to move from opening the file to resolving it. That is mainly caused, not by the barristers, but by, in part, clients who will not agree to an early and reasonable resolution, and by, mainly, the justice system itself, which was created by governments specifically to discourage the public from continuing along the continuum from issuing the Claim to receiving the judgment from the Court of Appeal. The government wants to keep trials and appeals to a minimum because the government has to pay for the system that leads to trials and appeals – the judges, the court staff, the pensions, the physical plants. That is why there are so many hurdles – discoveries, mandatory mediations, pre-trials – before you finally get to the trials. Magna Carta, signed in 1215, contains about 63 clauses. Some are preamble and administrative, but many, many of the clauses limit the power of the king. Clause 18, however, says, in effect, “Bad King John, would you please, please, please send more judges out on assizes so that we can get our disputes resolved in a timely and cost-efficient way?” That was 797 years ago. Governments have always made, and always will make, it difficult and expensive to resolve disputes. Four, there are solutions to the access to justice problem on the barrister side of the bar (and I could share them with you another day), but they should not include such silly, horrifically expensive, short-sighted, essentially clueless notions as opening up solicitors work to corporations who will then engineer the death of the solicitors in their own greedy interests to the great detriment of the public. Not for nothing did the State of California accurately describe the American title insurance industry as “a dysfunctional industry in which the public pays too much”. Not for nothing did the Supreme Court of Iowa accurately describe the American title insurance industry as “an invidious form of business”. I could go for the length of a heavy book, but I will simply ask you to please stop misreading the legal services environment, please stop extolling simplistic “solutions” (that, in reality, will harm, not benefit, the public), and please stop lumping solicitors in with the barrister problems. Cheers, Brad
Even if you never practice real estate law, some friend or relative is always going to ask you for help in buying a house. This session will go through a residential purchase and sale agreement with particular focus on the differences between single family and condominiums and the issues you should discuss with your client.
Do you have a solid foundation in title law? Can you confidently prevent complications that can arise during a transaction that involves real estate title? Let our faculty walk you through best practices for resolving common title issues so you can prevent your next transaction from derailing. - Pave the way for a clear title by knowing how to use quiet title actions.
- Learn best practices for dealing with tax liens and other encumbrances.
- Utilize proven resolution tac…
Ensuring marketable title has never been more important than in today’s real estate market. Make sure you’re prepared for any complications with a solid foundation of title law knowledge. At this program, you’ll walk through the title insurance process with example documentation – from the mechanics of insurance coverage expectations to curing defects to drafting the title commitment. Don’t miss this opportunity to build your skills. - Make sure you are using endorsements to the…
MCLEs 13th Annual Real Estate Law Conference gives you the substantive analysis and practical insights you can use every day to advise your clients in a wide range of transactions. Even the experienced real estate attorney must keep up with the ever-changing landscape of real estate practice. Conference topics include an update on important environmental laws and cases; cutting-edge analysis of the conflict of interest laws; an update on critical technology considerations with a focu…
This program is an essential foundation for attorneys new to real estate conveyancing and title practice. Real estate title and conveyancing practice touches upon a multitude of legal areas, including probate, tax, and bankruptcy law. Conveyancers frequently encounter this intersection of legal disciplines in the chain of title and accompanying title report. Attend this program to get a comprehensive overview of the fundamental components of a title abstract and how to approach the analysis o…
Now, more than ever, you need solid, practical advice from the experts to steer your clients through this challenging real estate market. Modern Real Estate Transactions, ALI-ABAs premier commercial real estate course, offers you the unique opportunity to immerse yourself with national experts in an in-depth pragmatic study of commercial real estate transactions. The course will: Update you on current law and offer practical tips for a down market to apply to your practice immediatel…
Why attend? This program studies how to identify and address both common title issues frequently encounteredand more complex title issues not typically addressed in introductory courses. It is helpful to those who practice regularly in real estate law, including those whose clients are lenders in transactions secured by real estate, buyers and sellers of residential or commercial real estate, title insurance companies, and parties to real estate litigationin short, anyone w…
Real estate litigation presents a range of substantive property issues that your clients expect you to be up-to-date onfrom title and boundary disputes to condominium litigation. Attend this program to get up-to-speed on important case law developments, hot topics, and new legislation you need to know. The expert panelists discuss substantive law, as well as practical approaches to litigation involving the types of disputes frequently encountered by lawyers representing buyers, sellers, land…
Attorney Deborah C. Tomczyk of Reinhart Boerner Van Deuren SC, the largest real estate practice of any law firm in Wisconsin, discusses real property law.
Over the past year there has been a greater focus on the players involved with state legislation and at state agencies. After this seminar attendees will have an understanding of who to talk to for private and public sector real estate development. Panel I: State Legislation This panel will discuss local involvement with the legislature, special acts for disposition of land, and procurement issues. Kathleen O’Donnell, Esq.
Attorney at Law Joshua…
A News Blog about Motorcycle Accident Attorneys Orange County. Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also arises in defamation torts. The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases. If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. From: Motorcycle Accident Attorneys Orange County. Attorneys and lawyers often represent clients on a “contingency basis,” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases. From: Motorcycle Accident Attorneys Orange County.
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Senior Housing 55 offers the real time news on Assisted Living, Elder Abuse, Geriatric, and Research Studies
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Car Motorcycle Accident Attorney – FREE CONSULTATION by Car Motorcycle Accident Attorney Los Angeles – Legal Defenders, Los Angeles Personal Injury Lawyers – Get a FREE CONSULTATION from a Personal Injury Lawyer Los Angeles from Law Offices of Burg and Brock, who have won over $100 million in verdicts and settlements for clients
Car Motorcycle Accident Attorney – FREE CONSULTATION by Car Motorcycle Accident Attorney Los Angeles – Legal Defenders, Los Angeles Personal Injury Lawyers – Get a FREE CONSULTATION from a Personal Injury Lawyer Los Angeles from Law Offices of Burg and Brock, who have won over $100 million in verdicts and settlements for clients
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