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					 2011 Real Property
   Law Institute
           February 3 - 4, 2011
       Sponsored by:
The Columbus Bar Association Real
       Property Committee
       Gretchen D. Jeffries

  Planning Committee:
      William D. Fergus, Jr.
        Kristin E. Rosan

         Catherine Baird
          Julie Darling
        Paul A. DePascale
       Gretchen D. Jeffries
       Jonathan Holfinger
       Kenton L. Kuehnle
       Donald B. Leach, Jr.
       Brent D. Rosenthal
      Amy Straker Bartemes
      John P. Wilkerson, Jr.
       James A. Zitesman

        Approved for
       10.25 CLE Hours
     (including 1.0 hour
    Professionalism and
0.5 hour Substance Abuse),
 10.0 Real Estate CE Hours,
7.0 Appraiser CE Hours and
  10.0 (Title) Insurance CE

                                      Spe  cial pr Bar
                                    for C olumb !
         175 South Third Street          m ember
              Suite 1100
            Columbus, Ohio

 8         Register online at
                    or call 614-221-4112
     2011 Real Property Law Institute
              Thursday February 3, 2011 – 8:30 am to 5:00 pm &
                Friday February 4, 2011 – 8:30 am to 12:00 pm
       10.25 CLE Hours (including 1.0 hour Professionalism and 0.5 hour Substance Abuse),
      10.0 Real Estate CE Hours, 7.0 Appraiser CE Hours and 10.0 (Title) Insurance CE Hours
            Lunch sponsored by: Old Republic National Title Insurance Company

Thursday February 3, 2011                 7.0 CLE Hours, 7.0 Real Estate CE Hours, 7.0 Appraiser
                                          CE Hours and 7.0 (Title) Insurance CE Hours

Commercial Real Estate                                                          8:30 - 9:30am
Financial Update
Speaker:	 David K. Conrad, Bricker & Eckler
       • Current mortgage lending environment in Central Ohio
          o Financing market for both construction and permanent loans

Dying Owning Real Estate                                                       9:30 - 10:15am
Speaker:		 Edward R. Horejs, Jr., Fidelity National Title Group
       • Trustee of Disclosed vs. Undisclosed Trust
           o Disclosed trustee
           o Undisclosed trustee
           o Co-trustee considerations
       • Transfer on Death (TOD) Affidavits
           o Why the affidavit structure?
           o Benefits or features not available under the old law
           o Clarification of unclear or ambiguous matters
       • Dower
Break                                                                        10:15 - 10:30am

Section 8 Housing Subsidies                                                  10:30 - 11:00am
Speaker:		 Holly H. Heer, Squire Sanders & Dempsey, LLP
       • Section 8 Voucher Program
           o Qualified tenants
           o Eligible housing
           o Housing quality standards
           o HAP contracts
           o Owner responsibilities
           o Owner breaches
       • Project based section 8
           o Qualified projects
           o Obtaining new Section 8 Housing Assistance Payment (“HAP”) contract
           o Transferring existing Section 8 contracts and owner requirements

Health Dept. Involvement in                                                  11:00 - 11:45am
Land Development Process
Speaker:		 Joseph R. Durham, Eastman & Smith
       • Franklin County Board of Health Regulation 720; local sewage treatment systems
       • State laws relating to sewage treatment systems
       • State rules regulation sewage treatment systems

 Lunch                                                                       11:45 - 12:30pm

    Sponsored by: Old Republic National Title Insurance Company
Casino Development Case Study                                            12:30 – 2:00pm
Speakers:		Randall S. Arndt, Schottenstein, Zox & Dunn
           Joseph M. Reidy, Schottenstein, Zox & Dunn
           Michael D. Tarullo, Schottenstein, Zox & Dunn
       • Site selection and subsequent site relocation
       • Due diligence process
       • Environmental remediation

Fiduciary Duty and Real Estate                                             2:00 - 2:45pm
Speaker:		 Thomas R. McGrath, McGrath & Foley, LLP
       •   Fiduciary duty – When a lender goes too far
       •   The robots among us …
       •   When do we have to prove little green men? Civ R 56 (E)
       •   Mortgage brokers - fiduciary duty – damages?
       •   The government, lawyers, banks – the workout

Break                                                                      2:45 - 3:00pm

Real Estate Licensee Legal Update                                          3:00 - 3:30pm
Speaker:		 Margaret J. Ritenour, Ohio Association of Realtors
       • RESPA Update
         o Carter v. Welles-Bowen, et al
         o Brokerage transaction fee
         o Ohio Independent Title Agents v. Ohio Department of Insurance
       • Short Sale & REO Issues
         o Short sales
             o Foreclosure rescue scams
             o Short sale fraud
             o Lender/asset manager policies
       • Listing REO Properties
         o When can brokers list?
         o Tenants’ rights

Special Improvement Districts                                              3:30 - 4:15pm

Speaker:				Cleve Ricksecker,	Capital Crossroads SID and Discovery SID
       •   Special Improvement District (“SID”) overview
       •   Overview of Ohio SIDs
       •   Overview of Columbus SIDs
       •   SID mechanics
       •   SID observations

Foreclosure: A Judicial Perspective                                        4:15 - 5:00pm
Speaker:		 The Honorable Jonathan P. Hein, Darke County Court of Common Pleas
       •   The Burden of Proof
       •   Preliminary Judicial Reports: Friend or Foe?
       •   Orders of Sale / Title Conveyance
       •   Deficiency Judgments
       •   Should we develop a more efficient system?

8 Register or call 614-221-4112
           online at
 Friday, February 4, 2011                     3.25 CLE Hours (including 1.0 hour Professionalism and 0.5 hour
                                  Substance Abuse), 3.0 Real Estate CE Hours and 3.0 (Title) Insurance CE Hours

 Professionalism: Practicing Real Property Law                                                        8:30 - 9:30am
 in a Technologically Advancing World
 Speaker:	 Alvin Mathews, Bricker & Eckler
        • Upholding Ohio’s “Lawyer’s Creed and Aspirational Ideals” through:
           o Proper advertising, including social networking and websites
           o Careful multijurisdictional practice compliance
           o Improved competence, diligence, and communication
           o Better fee agreements and law firm financial records
           o Proper consent to conflicts of interest and keeping confidentiality
           o Fairly dealing with adverse parties

 Substance Abuse                                                                                    9:30 - 10:00am
 Speaker:	     Michael Distelhorst, Capital University Law School
        •      Causes and detection
        •      Prevention and treatment
        •      Distressed Lawyer Model
 Break                                                                                             10:00 - 10:15am

 New Chapter 5312                                                                                  10:15 - 11:00am
 Speaker:	      David W. Kaman, Kaman & Cusimano
        •      Impact of new ORC 5312 on Ohio Planned Communities
        •      Mandate to record Bylaws/Code of Regulations
        •      Similarities and differences to Ohio Condominium law
        •      Mandated reserves
        •      Consumer protections for planned community residents
        •      Applicability of ORC 5312 to currently existing planned communities

 ABCs of Mechanics Liens                                                                           11:00am - Noon
 Speaker:	     Donald B. Leach, Jr., Dinsmore & Shohl
        •      The Apostrophe
        •      Notices of commencement and furnishing
        •      Perfection and disposition of liens
        •      Residential projects/liens
        •      Foreclosure process

Featured Presenters:
Judge Jonathan P. Hein, Darke County Court of Common Pleas, was raised in Fort Recovery, Mercer County,
Ohio. He graduated with a Bachelor of Arts degree in both Economics and Public Administration from Miami University,
Oxford, Ohio in 1978. His Juris Doctorate was earned from the University of Toledo College of Law in 1981. For 18 years,
he was engaged in the general practice of law in Greenville and Fort Recovery. His practice emphasized probate, real estate,
business formations and litigation. During these years, he also served as an Assistant Prosecuting Attorney (8 years) and the
elected Prosecuting Attorney for Darke County (6 years). In 1998, Judge Hein was elected to the Court of Common Pleas.
During his entire career, he has been a member of the Ohio State Bar Association and the Darke County Bar Association.
He currently participates with the Ohio Judicial Conference on its Court Technology Committee (current co-chairman) and
its Executive Committee. He has taught seminar courses on numerous occasions, including regular lectures on criminal
law and orientation for new judges. Judge Hein has been married for 27 years to Rosalee (Ellison) Hein; they have three
children. He enjoys distance running, hiking, fishing and conducting Christian education programs.
Randall S. Arndt chairs the real estate practice group at Schottenstein, Zox & Dunn. He has broad experience in
real property law, including residential, commercial, retail, office, mixed-use and warehouse properties. He represents
national, regional and local landlords, tenants, developers, buyers, sellers and others in the commercial real estate arena.
Mr. Arndt practices extensively in real property leasing. He graduated with honors from Northwestern University in 1978
and received his law degree from The National Law Center, George Washington University, in 1981. He is active in various
non-profit and professional organizations, including as a member of the Columbus Bar Association’s Professional Ethics
Committee and as Secretary of the Board of the Ohio Lawyer’s Assistance Program.
  Featured Presenters (continued)
David K. Conrad is a partner with Bricker & Eckler and is a member of the real estate practice group. His
practice includes commercial real estate law/real estate and asset based commercial lending and workout, emphasizing
representation of financial institutions and developers in connection with commercial real estate loans, including hotels,
office buildings, apartments, nursing homes, condominiums, and shopping centers. He represents construction and
permanent mortgage lenders in negotiation and documentation of commercial loans (new and restructured). Mr. Conrad’s
practice also includes general real estate matters, negotiating and drafting of leases, acquisition and sales contracts, and
lender liability litigation, with additional experience in the purchase and sale of loans and loan servicing, including loan
participation agreements.
Michael Distelhorst is Professor of Law at Capital University in Columbus, Ohio, where the subjects he teaches
currently include Professional Responsibility in the Law School and where he previously taught courses dealing with
business and leadership ethics in the MBA Program of the School of Management and Leadership.
Mr. Distelhorst’s professional committee service has included prior membership on the American Bar Association’s
Commission on Lawyer Assistance Programs, the Ohio State Bar Association’s Committee on Legal Ethics and
Professional Conduct, the Columbus Bar Association’s Ethics and Grievance Committee, and the Ohio State Bar
Association’s Committee on Lawyer Assistance. He also currently serves on the Supreme Court of Ohio’s Professionalism
Commission. Mr. Distelhorst speaks regularly in the subject areas of lawyer impairment and legal ethics and is a Life
Member of the Fellows of the American Bar Foundation, in addition to being a member of the Ohio State Bar Foundation
and the Columbus Bar Foundation.
Joseph R. Durham is a member of Eastman & Smith, Ltd. with a practice concentrating on environmental
law, public law, and litigation. From 1991 through July, 2002, Mr. Durham was employed as an Assistant Prosecuting
Attorney with the Franklin County Prosecuting Attorney’s Office in Columbus, Ohio and a Special Assistant United
States Attorney for the Southern District of Ohio. He has advised, counseled, and litigated cases for District Boards of
Health, the Franklin County Sheriff’s Office, the Solid Waste Authority of Central Ohio, the Franklin County Emergency
Management Agency, and prosecuted criminal cases investigated by the Ohio Environmental Protection Agency, and
the United States Environmental Protection Agency. Mr. Durham is a graduate of the College of Wooster and Lewis and
Clark’s Northwestern School of Law in Portland, Oregon, where he received a J.D. and Certificate in Natural Resources
and Environmental Law.
Holly H. Heer, Squire Sanders & Dempsey LLP, represents developers, investors and financial institutions in
partnership syndication and related financing transactions with a particular emphasis on transactions involving the low-
income housing tax credit, historic tax credit and new markets tax credit. She also represents clients in general real estate,
general corporate and logistics and distribution matters. Ms. Heer is a member of the Columbus Bar Association’s Real
Property Section, the Ohio State Bar Association and the Forum on Affordable Housing & Community Development
Law of the American Bar Association. She frequently speaks on issues relating to tax credit syndication including: tax
structuring for credit oriented transactions and layering various subsidy and tax credit programs with each other (including
HUD programs such as HOPE VI; Replacement Housing Factor Funds; Section 202, 231, 221(d)(4) and 223(a)(7) Loans;
Mark to Market Financing; and Interest Reduction Payment Decouplings).
Edward R. Horejs, Jr. is Vice President and Regional Counsel for the Fidelity National Title Group. A graduate of
Colgate University, NY (BA-1973) and The John Marshall Law School, IL (JD-1976), Mr. Horejs is responsible for title
insurance underwriting and regulatory matters for offices and agencies of the Fidelity companies of Chicago, Fidelity, and
Commonwealth Title Insurance Companies in Indiana, Kentucky, Michigan, Ohio, and West Virginia. He has participated
in numerous real estate law seminars with emphasis on the title insurance field, and is the author of articles and seminar
material on commercial title insurance, policy forms, bankruptcy, mechanic’s liens, and condominiums. Mr. Horejs is
a Fellow of the American College of Real Estate Lawyers and is a past chairman of the Real Estate Law Section of the
Cleveland Metropolitan Bar Association where he has served on the Common Ownership, Mortgage Finance and Real
Estate Law Institute committees. He is also a member of the Ohio State Bar Association where he serves on the Council of
the Real Property Law Section, the Geauga County and American Bar Associations. He served several years as program
chairman of the Ohio Land Title Association annual title seminar and was president of the Association for 1989-90, and is a
past president of the Ohio Title Insurance Rating Bureau, 2003-05, and immediate past Chair of its Rates Committee.
David W. Kaman, Kaman & Cusimano, is the first attorney from Ohio inducted into the prestigious National College
of Community Association Lawyers. He is a 1980 graduate of the Cleveland Marshall College of Law and has devoted
his legal practice to the area of community associations for over 30 years. Mr. Kaman spends considerable time writing
and speaking on issues affecting community associations. He is the author of several hundred articles on community
association issues and has spoken at hundreds of seminars on community association topics for such entities as the Ohio
Bar Association, Columbus and Cleveland Metropolitan Bar Associations, and the Columbus, Ohio Valley, and Northern
Ohio chapters of the Community Associations Institute.
Donald B. Leach, Jr. is the Managing Partner of the Columbus office of Dinsmore & Shohl LLP, Co-Chair of the
Firm’s Construction Practice Group and a Partner in the Litigation Department where his practice focus is on construction-
related contracting, disputes and business matters. He is the former Chair of the CBA Construction Law Committee and
Real Property Law Institute, is active in the ABA Forum on the Construction Industry and is a member of the OSBA
Council of Delegates. He is the first practicing lawyer elected President of the Builders Exchange of Central Ohio and has
also served as President of Upper Arlington City Council and Mayor.
Alvin Mathews is a lawyer in Bricker & Eckler‘s Litigation group. As a former assistant disciplinary counsel for
the Supreme Court of Ohio, much of his practice involves helping law firms avoid ethical risks in their practices through
preventive advisory opinions. Throughout his career, he has evaluated and defended literally hundreds of ethical grievances
filed against lawyers by their clients and others, has litigated more than 80 lawyer discipline matters and has argued over 20
lawyer discipline cases in the Ohio Supreme Court. Mr. Mathews serves on the Council of Delegates of the Ohio State Bar
Association, and is a member of the Association of Professional Responsibility Lawyers and the American Bar Association
Center for Professional Responsibility. He received his B.A. from Miami University and his J.D. from Ohio Northern
Featured Presenters (continued)
Thomas R. McGrath is a partner in the Columbus, Ohio law firm of McGrath & Foley, LLP, where he practices in
the areas of complex litigation, real estate law, business law and title insurance claims litigation. He is a frequent lecturer
for various professional groups on real estate title insurance law and other insurance and real estate issues. Mr. McGrath
coauthored “2005 Title Insurance Case Update,” published in the ABA Tort & Insurance Law Journal, Winter 2005. He
received his B.A. degree from The Ohio State University and his J.D. degree from Capital University School of Law. He
is a member of the Columbus, Ohio State (member, Real Property Committee) and American (past chair, Title Insurance
Litigation Committee of the Tort Trial & Insurance Practice Section) bar associations.
Joseph M. Reidy is a Partner in the Environmental, Brownfield and Sustainable Development Practice Groups at
Schottenstein Zox & Dunn Co., LPA, where he provides counsel and representation for environmental and natural resource
permits, compliance and enforcement to state and local government, agriculture and industry. As the head of the Firm’s
Brownfield Practice Group, he assists buyers, sellers and developers of real estate in the identification and resolution of
environmental issues, including hazardous waste, lead-based paint, asbestos and wetlands. Mr. Reidy also has extensive
experience in securing state, federal and private funding for the remediation of air and water pollution and hazardous
materials, including brownfield and greenspace grants from the Clean Ohio Fund. As a member of the Sustainable
Development Practice Group, he assists owners, developers and contractors with the broad spectrum of issues associated
with “green” development. He received his B.S. degree in biology from the University of Cincinnati, his M.A. degree in
Zoology from DePauw University and his J.D. degree from Capital University Law School. Mr. Reidy is a former aquatic
biologist at the Ohio Environmental Protection Agency, where he gained extensive experience in wetlands and other
water-related permit issues. Mr. Reidy is a member of the Urban Land Institute and the environmental law committees
of the American Bar Association, the Ohio State Bar Association, the Columbus Bar Association and the Ohio Chamber
of Commerce. He has been recognized by Best Lawyers in America and Chambers USA as one of America’s leading
environmental lawyers and designated a “Super Lawyer” by Law and Politics Magazine.
Cleve Ricksecker is executive director of two special improvement districts in downtown Columbus: Capital
Crossroads SID and Discovery SID. The SIDs assess property owners the cost of providing a variety of district-wide
services, including supplemental safety, cleaning, hospitality, marketing and promotions, and capital improvements.
Prior to working with downtown property owners to create and operate special improvement districts, Mr. Ricksecker
served as executive director of the Riverfront Commons Corporation. He created a plan for developing the Scioto and
Olentangy riverfronts that is currently being executed by the City of Columbus. He served as executive director of the
Short North Business Association for five and a half years. There, he directed promotions for the Short North commercial
district and forged a consensus among area stakeholders to pursue several, long-range goals. They included the creation
of a special improvement district in the Short North. Before working in the Short North, he managed the Columbus Arts
Festival for five years. Mr. Ricksecker is a licensed, but inactive, attorney with a Juris Doctor from Capital University. He
moved to Columbus in 1977 and resides with his three children in the Short North. His three children proudly attend the
Columbus City Schools.
Margaret J. Ritenour is Vice President of Legal Services & Administration for the Ohio Association of
REALTORS. In this position, Ms. Ritenour oversees the operation of the Association’s Legal Assistance Hotline and serves
as executive staff liaison to OAR’s Legal Action Committee and Legal Issues Forum. She also works closely with OAR’s
Public Policy Group, analyzing and testifying on legislation. She is a frequent continuing education instructor, speaker and
author on legal topics for real estate brokers and agents across the state.
Prior to joining the Association, Ms. Ritenour acted as legal counsel at the Ohio Division of Real Estate for 10 years.
For the last four of those years, she served as the Superintendent of this agency. In that capacity, she was responsible for
directing and coordinating all the activities of the agency’s 40-person staff; overseeing the testing, licensing and education
of 50,000 real estate licensees and the regulation of the real estate industry in the State of Ohio. Ms. Ritenour is a graduate
of the University of Cincinnati College of Law. She is a member of both the Columbus and Ohio Bar Association’s Real
Property Sections.
Michael D. Tarullo is both a lawyer and an engineer. He is a Fellow of the American College of Construction
Lawyers, one of only two such members in Ohio. Prior to practicing law, he had almost twenty years of field experience in
actual construction, construction related businesses, and field construction claims evaluation and preparation. Mr. Tarullo
is a principal in the law firm of Schottenstein, Zox & Dunn L.P.A. of Columbus, Ohio and Coordinator of its Construction
Industry Service Group. He has successfully represented clients in complex construction disputes ranging from the
construction of high-rise office buildings and large sporting facilities to power plants, water and wastewater treatment
facilities and to construction of golf courses and healthcare facilities. Mr. Tarullo is a trained arbitrator and mediator.
Mr. Tarullo is a frequent lecturer and author on various topics relating to construction law with recent publication by the
ABA Forum on the Construction Industry Design/Build Procurement at the Federal Level, (Fourth Edition, 2009), the
chapter in the Forum’s book entitled Forms & Substance, Specialized Agreements for the Construction Project, entitled
Project Site Agreements, and as an editor of the Forum’s book entitled The Annotated Construction Law Glossary, 2010.
He has served in leadership positions with the Columbus and American Bar Association, serving as the Chair of the ABA
Forum on the Construction Industry in 2007 – 2008. Mr. Tarullo has actively participated in the activities of various
construction trade associations throughout Ohio, serving as President of the Board of Directors of the Builders Exchange
of Central Ohio in 2007 -2008. Mr. Tarullo received his undergraduate degree in engineering from the University of
Louisville, and his Juris Doctor from Capital University Law School.

 8 Register or call 614-221-4112
            online at

Name                                                               Supreme Court #

Phone                                             Email
q Member q Non-Member q Non-Attorney

Payment Information
Method of Payment: q Cash q Check (payable to CBA) q Visa q MC q AmEx
Credit Card #
Expiration Date
Name on Card

Authorized Signature

q Full Institute q Thursday Only q Friday Only
Total Enclosed: $

                        Non-members, join the Columbus Bar now and save on the Real Property Law
                        Institute and all future Columbus Bar CLE seminars. Visit the Columbus Bar website
                        at for an application or call 614/221.4112.

Cancellation & Transfer Policy: The CBA reserves the right to modify or cancel a program if circumstances warrant. If the CBA
cancels a program, full tuition for that program will be refunded. Cancellations by program participants received by 5 p.m. the business
day prior to the program will be refunded less a $25 service fee. No refunds or transfers are given for cancellations received on or
after the day of the programs. Upon request, course materials are available in consideration of tuition paid.

Services for Persons with Disabilities: If a registrant requires special arrangements in order to participate in a CBA program,
please contact the CBA at least one week prior to the course date.

Pricing Information
                                                                    Member              Non-member               Non-attorney

  Full Institute
   Prepaid                                                            $300                    $350                     $245
   Day of                                                             $325                    $375                     $270

  Thursday February 3 only
   Prepaid                                                            $245                    $285                     $220
   Day of                                                             $260                    $300                     $235

  Friday February 4 only
    Prepaid                                                           $115                    $155                      $85
    Day of                                                            $130                    $170                     $100

   4 Easy Ways to Register:
                      8                             7 Fax:
                                                                                       +       Mail:
                                                                                               Columbus Bar Association
                Online:                                                                        175 S. Third St., Suite 1100
                                                    (        Call:
                                                             614/221.4112                      Columbus, OH 43215-5193
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                                                           U.S. Postage
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175 S. Third St., Suite 1100
Columbus, OH 43215-5193

 2011 Real
         February 3-4, 2011
                      Sponsored by:
   The Columbus Bar Association Real Property Committee

                      er Onl