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2013 the Newspaper of the Vol U.S. POSTAGE PAID BOSTON, MA Members Weigh Register now for PERMIT#: 1323 In On Zoning Annual Meeting Reform Bill and Conference! PAGE 8 PAGES 12 & 13 WWW.REBA.NET SEPTEMBER 2013 THE NEWSPAPER OF THE Vol. 10, No. 5 news REAL ESTATE BAR ASSOCIATION A publication of The Warren Group Globe Sports Columnist Dan Shaughnessy to Keynote Annual Meeting Boston Globe sports colum- Press Sports Editors. Years, a biography focusing on Franco- nist Dan Shaughnessy will de- In addition to his journalism work, na’s years as manager of the Boston Red liver the luncheon keynote ad- Dan has written 10 books about the Sox. The book immediately became a dress at REBA’s Annual Meet- Boston Red Sox and the Boston Celtics. best-seller. ing and Conference on Monday, These include The Legend of the Curse of Dan is a regular contributor to ES- Nov. 4,at the Four Points by the Bambino, Reversing the Curse (written PN’s “Sports Reporters,” “Jim Rome is Sheraton in Norwood. Shaugh- after the Red Sox won the 2004 World Burning” and “Pardon the Interrup- nessy’s column is perhaps the Series), Fenway Expanded and Updated: tion,” and makes regular appearances on most widely followed of any in A Biography in Words and Pictures, Ever WTKK (96.9 FM talk radio), WHDH the Boston Globe. He has been Green: The Boston Celtics, Seeing Red: The Sports Xtra and network television’s named Massachusetts sports- Red Auerbach Story, At Fenway: Dis- “Nightline” and “The Today Show.” writer of the year seven times patches from Red Sox Nation, and many A registration form for the Annual and eight times has been voted others. Earlier this year, Shaughnessy Meeting and Conference can be found one of America’s top 10 sports and Cleveland Indians manager Terry elsewhere in the pages of this issue of columnists by the Associated Francona released Francona: The Red Sox REBA News. t REBA launches estate planning section Sara Curley and Leo Cushing to co-chair In response to strong member inter- est in estate planning, elder law and the Massachusetts Uniform Probate Code, REBA has launched a new committee: the Estate Planning, Trusts and Estate Administration Committee. Sara Gold- man Curley, a partner at the Boston firm Nutter McClennen & Fish LLP, and Leo J. Cushing, a partner of the Waltham-based law firm of Cushing & Dolan PC, will co-chair the new group. The committee will respond to un- met member needs for a broad and com- prehensive resource From left: REBA Chief Operating Officer Nicole Cunningham; REBA president Mike MacClary; CATIC vice president Anne Csuka; and CATIC president Rich Patterson. in the estates and trusts field, including CATIC recently donated $25,000 to REBA to support the association’s ongoing efforts to eliminate the unauthorized practice of law. “REBA’s mission and CATIC’s mission include many congruencies,” said REBA president Mike MacClary. “We are both concerned with maintaining the centrality of the lawyer at the closing table. CATIC has been a estate and tax plan- strong REBA supporter and we are grateful to have them as friends and allies.” SARA CURLEY ning, wealth preser- vation, probate and estate administra- tion and elder law Unwary landlords may lose right to damages when issues. In addition to open meetings with speakers of interest, terminating defaulting tenant’s lease committee will of- fer educational pro- BY EDWARD M. BLOOM tract damages for the landlord following its lord that it was not going to make any fur- grams at the REBA’s termination of the lease. The SJC stated that ther rent payments nor was it planning to LEO CUSHING twice-yearly confer- The Supreme Judi- a “landlord left without an adequate remedy return to the premises. As a result, in May ences and serve as a cial Court’s decision in following breach of the lease by a tenant has 2008, two years into the lease, the landlord mentoring resource 275 Washington Street only itself to blame for entering into a lease terminated the lease and brought a contract for members. The group will collaborate Corp. v. Hudson River that fails to provide such a remedy.” action against the tenant and the tenant’s closely with the Title Standards Com- International, LLC es- In April 2006, the landlord leased prem- guarantor. mittee to develop and adopt forms and sentially left the land- ises on Washington Street in downtown A Superior Court judge assessed over standards to support REBA members in lord of a defaulting Boston to a tenant for 12 years for use as $1 million in damages against the default- these practice areas. tenant with no remedy a dental practice. Just a year into the lease, ing tenant and the Spanish company that REBA members who wish to join ED BLOOM because the landlord’s the tenant closed its doors, made some in- had guaranteed the tenant’s obligations the committee may contact Andrea Mo- lease form did not ad- termittent monthly payments during the under the lease. Yet the Appeals Court and rales at [email protected]. t equately provide con- next 12 months, but then notified the land- See UNWARY LANDLORDS, page 5 PAGE 2 REBAnews SEPTEMBER 2013 Rebutting the proposed reformation of title insurance industry BY JOEL A. STEIN mission to study the feasibil- regulation of the conveyance of transactions are far more com- 50 Congress Street, Suite 600 ity of establishing a title insurer real property.” plex, with new types of financ- Boston, Massachusetts 02109-4075 A re- owned by the commonwealth or ing and higher demands from www.reba.net cently filed by a public authority constituted COMMONWEALTH lenders. Defects in foreclosures, bill entitled, by the commonwealth.” REFUTED new foreclosure statutes and President: “An Act Section 2(b) addresses the short sales have all created new to Reform constituency of the commis- Although the probability of work for the conveyancing at- Michael D. MacClary Title Insur- sion. Of the 20-plus members this bill being enacted is slight, torney and the title examiner. [email protected] ance” HB of the proposed committee, just the filing of the bill creates The real estate boom of the ’90s President Elect: 1241 dem- only one, the president of the press reaction. created hundreds of new sub- Michelle T. Simons JOEL STEIN onstrates a Massachusetts Bar Association, One such article, entitled divisions and condominiums [email protected] real lack of or the president’ s designee, is a “Title Insurance – No Regula- throughout the state, and result understanding of the nature of practicing lawyer. No members tion. Few Claims. Huge Profits.” in lengthy title examinations. Immediate Past President: title insurance. Filed by Rep. of the title insurance industry was published in the summer The claim that the ability to Christopher S. Pitt Antonio F.D. Cabral (13th and no members of REBA are 2013 issue of CommonWealth do title work online has resulted [email protected] Bristol), it contains two provi- included in the committee. magazine. I was disappointed in a profit boom to attorneys is sions which, if enacted, would “(c) The commission shall that, after spending an hour or not credible. For most attorneys, Treasurer: set Massachusetts apart from examine the technical, legal and so with the article’s author, Jack the title examination is done by Thomas Bhisitkul the rest of the country. The first financial feasibility of establish- Sullivan, to find that the article an outside examiner who will [email protected] of these provisions, appearing as ing a commonwealth-owned ti- repeated the same criticisms di- typically charge the attorney Clerk: Section 10, reads as follows: tle insurer. The commission shall rected against the title insurance a set fee. As I explained to the “No title insurer shall pay evaluate the experience of Iowa industry as have previously ap- author of the article in question, Susan B. LaRose to any title insurance agent or with state-owned title insur- peared in multiple publications. many of the registries do not al- [email protected] permit such agent to retain any ance, identifying the advantages There is much criticism low you to examine the 50 years Executive Director, Editor: amount exceeding ten percent and disadvantages presented to of the fact that title insurance of time. I also told him that Peter Wittenborg of the gross premium for any purchasers of title insurance for agents are not regulated, though several of the registries are ab- [email protected] policy of the title insurer issued residential property in Iowa as title insurance companies are; solutely not reliable to do work by such agent. The maximum compared with such purchasers and while rates are not set, title online. And yes, you still need to Legislative Counsel: commission to a title insurance in Massachusetts. The commis- insurance companies all issue do all the same work you would Edward J. Smith agent shall not be increased di- sion shall also examine the ex- rate guidelines which are to be do if you were at the registry in- [email protected] rectly or indirectly by an insurer isting structure and dynamics of followed. With the increase in cluding checking marginal ref- providing anything of value, in- the title insurance market as it class action cases relating to re- erences. Unauthorized Practice of cluding services, to an agent for currently operates in Massachu- finance rates arising throughout The fact that a new title in- Law Counsel: less than the actual cost or fair setts and shall include in its ex- the country, woe to the agent surance premium is charged for Douglas W. Salvesen market value.” amination a review of how title who leaves himself and his com- each refinance always seems to [email protected] This attempt to limit the risk is determined and title poli- pany open to such litigation.
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