Real Property: Summer Conference 2019 Recorded Seminar

When:  Sep 30, 2021 from 08:00 AM to 08:01 AM (ET)
The RPLS is pleased to announce that Summer Conference 2019 “on-demand webcasts” are now available for those who did not attend the conference. Topics include: Building Michigan: Anatomy of a Public Private Partnership, Online Auctions of Commercial Real Estate, Marijuana and Real Estate, Technology, Commercial Real Estate Loan Workouts and Lender Enforcement Actions, Key Concepts in Shopping Center Law – Debt Considerations, and Short-Term Rentals: History, Recent Case Law and Creative Solutions.

Cost: Real Property Section Member: $255, Non-Section Members: $300

Register online (pay by MasterCard or Visa only) and receive a confirmation email with instructions on how to access the series. No refunds.

Note for Non-Attorneys. Before registering for this event please create an SBM non-member account so you can access the materials for this and future events. To create an account, visit If you have registered for previous events, you should already have an account and can login or reset the password at If you are unsure if you already have an account, contact Member Services at 888-726-3678 for assistance.

2019 Summer Conference Topics

Building Michigan: Anatomy of a Public Private Partnership (2 hr, 3 min)

Melissa N. Collar, Warner Norcross + Judd, Craig W. Hammond, Dickinson Wright,
Thomas M. Keranen, Clark Hill, Christian E. Meyer, Warner Norcross + Judd, and Lawrence M. Dudek , Miller Canfield

P3s, otherwise known as Public Private Partnerships, is garnering a lot of attention in Michigan and across the nation as a delivery model for public projects. The panel will outline what P3s are and what they are not, how they are structured, considerations necessary to determine whether a P3 is the right delivery model for a project, the benefits and the challenges of a P3 along with insight into some of the higher profile P3 projects.

Online Auctions of Commercial Real Estate (50 min)

Patrick Karbowski, McDonald Hopkins

Online auctions of commercial real estate have been increasing in recent years. In this workshop we will look at the evolution of real estate auctions to establish the foundation and development of what would become the online auction and discuss best practices for the real estate attorney involved in an online auction. We will also discuss how the real estate attorney may be a value-add for the buyer or seller of commercial real estate via online auctions.

Marijuana and Real Estate (47 min)

Benjamin M. Sobczak, Dickinson Wright and Blair D. Gould , Cousino Law

Commercial leases and real estate dispositions/acquisitions are nothing new to the legal community. But, those transactions involving cannabis and related uses are new, and the resultant regulatory landscape (and evolving view of existing third-party service providers and business channels) creates a number of nuanced, and at times, peculiar, issues that attorneys and clients have to consider, address and manage when working on transactions in this space. Saying “no” to the work currently generated from these transactions is hard to imagine, but attorneys need to have an understanding of the cannabis-specific issues and particularities before saying "yes". Luckily, this panel will shed light on this otherwise hazy practice area by way of an introductory crash-course in cannabis real estate transactions including discussion of the licensing process, legal implications and considerations for landlords/tenants and buyers/sellers, the evolving mindset and response of third-party service providers (e.g., title insurers, escrow agents, lenders/investors, insurance companies) with respect to these transactions, and drafting considerations. Whether buying or selling, those wishing to “elevate” their work portfolio with cannabis-based real estate work will greatly benefit from this workshop discussion.

Technology (50 min)

David Nykanen, Friedlaender Nykanen & Rogowski

Dave Nykanen will be demonstrating a variety of technology tools to use in your practice. Although some lawyers view technology as a panacea, and others view it as a nuisance, Dave will attempt to navigate a middle route, showcasing technology tools that not only make the life of a lawyer easier, but also add value to your day-to-day practice. This presentation will showcase many possibilities quickly, with the hope that every attendee will leave the workshop with one tool that makes the life of a lawyer more pleasant (or at least slightly less unpleasant).

Commercial Real Estate Loan Workouts and Lender Enforcement Actions (52 min)

Nicholas P. Scavone, Jr., Bodman PLC

This workshop will provide an overview of commercial real estate loan workouts and mortgage lender enforcement actions from both the lender’s and borrower’s perspectives. Nick Scavone will cover the goals of the respective parties in a workout, the preliminary diligence of the parties, pre-negotiation agreements and forbearance agreements, and the various remedies of the mortgage lender, including exercise of an assignment of rents, mortgage foreclosure, receiverships and receiver sales (including discussing the newly adopted Uniform Commercial Receivership Act), and deeds in lieu of foreclosure.

Key Concepts in Shopping Center Law – Debt Considerations (47 min)

John D. Moran and Eric M. Stein of Miller Canfield

This workshop will provide a general overview of the most common sources of shopping center financing, including non-traditional financing sources such as subordinate, mezzanine, and preferred equity financing, and will touch upon underwriting and closing considerations unique to each. The workshop will also highlight issues and considerations that are uniquely prominent in shopping center financing transactions, including issues with common provisions in retail leases.

Short-Term Rentals: History, Recent Case Law and Creative Solutions (58 min)

Joseph Doerr, Doerr Law Firm and E. Joseph Wloszek, Hirzel Law

In recent years, the increased usage of short-term rentals such as AirBnB and VRBO has resulted in numerous decisions by the Michigan Court of Appeals relating to the nature, scope and practicality of short-term rentals in Michigan. This presentation explores the historical nature and context of short-term rentals, whether the usage of short-term rentals constitutes residential or commercial use, recent court decisions in Michigan and elsewhere, proposed changes in the law by the Michigan Legislature, creative arguments to avoid short-term rental deed restrictions, ordinance and zoning issues related to short-term rentals and the benefits and drawbacks of short-term rentals, particularly in community associations.


Online Instructions:
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