Monday, April 2, 2018

Welcome to the ACREL News & Notes!  It is published throughout the year and features upcoming meetings, ACRELive presentations, Fellows, and local ACREL events, as well as articles on substantive areas, noteworthy cases and hot topics. We welcome your suggestions! Send ideas to Peggy Rolando,  

--ACREL Communications Committee


If you prefer a printable version of the News & Notes click here.


Be sure you're logged in to the ACREL site to view any individual articles below!


Greetings to all Fellows and best wishes to those celebrating the Passover and Easter holidays.   Thanks to the 227 Fellows and their guests who joined us for the Mid-Year Meeting.   Notwithstanding the weather challenges in the Northeast that occurred the day before the meeting, 97+ percent of those registered to attend made it to sunny Orlando. 


To read the rest of Jay's message, click here.




Richard Goldberg was presented the Lane Award during the ACREL Mid-Year Meeting.  Dick was named as an award recipient in 2017, along with Bill Dunn, but was not able to attend the Los Angeles meeting to receive the award.  In Orlando, Dick was presented the award by John Hollyfield, a fellow Lane Award Recipient.  The award recognizes exceptional service by ACREL Fellows to the public, the profession and the College.  Congratulations to Dick and thank you for your service!



Meryl A.G. Gonchar               David S. Gordon  


Meryl  Gonchar and David Gordon have both been listed as New Jersey Super Lawyers for 10+ years. Meryl has appeared on the Top 50: Women New Jersey Super Lawyers list since 2008.  David has appeared on the Top 100: New Jersey Super Lawyers list since 2005.



Thank you and congratulations to all attendees at the Orlando meeting; 87% of all Fellows  utilized the ACREL app, which is a huge increase from past meetings.  Bravo!


Additionally, a few Fellows were honored with custom Mickey ears for their participation in the app, including: Ted Novak, John Cadwallader, Eric Rapkin, Jonathan Thalheimer and Grady Jolley.



Grady Jolley (mentioned above) is pictured here with his wife, ACREL Fellow, Rhonda Jolley.  During the spring meeting, Grady, along with 42 others, were approved for admittance into the College as the ACREL Class of 2018.  Rhonda and Grady join an exclusive group of married Fellows, which also includes Ruth & Larry Kinsolving and Janice Ahern & John Patterson.




2018 ACREL Mid-Year Meeting: March 22 - 25


The ACREL spring meeting in Orlando was a huge success.  Thank you to all who attended, and a special thank you to committee chairs and ACREL leadership for all their time and energy.  This was one of the most highly attended spring meetings in ACREL history, with 227 Fellows and 79 guests present.  Click here to access the photo gallery from Orlando.


Reminder to all who attended: please be sure to complete the program evaluations in the app and the overall meeting evaluation.


ACRELive!  Blockchain and Real Estate:

How Are Blockchain and Crypto Currencies Being Employed In Real Estate Transactions?


Tuesday, April 24, 2018

1:00 to 2:00 p.m. Eastern


The number of discussions and programs on the topics of Blockchain and Bitcoin seems to be increasing exponentially but few focus on their uses with respect to real estate transactions.  Ours will!  In addition to giving you the “basics” on this topic, we will discuss the uses specific to real estate, including a case study of a cross border real estate transaction which utilized the blockchain technology and a new crypto token, Propy.  Click here for more information.

ABA and ACREL present: Real Estate Joint Venture Series

Part 2: Exit Mechanisms and Dispute Resolution in Real Estate Joint Ventures


Wednesday, April 4, 2018

1:00 to 2:30 p.m. Eastern


Click here for more information.  Use the ACREL discount code and you and your colleagues can register for $95 for individual sessions and additional registrants are only $75 each. 


 Single Program Discount Code: CRP18E55


For registration questions, please contact the ABA Service Center at 800-285-2221. For all other questions please contact Khadijah Kellogg at email or 312-988-5260 


Local Gathering in Boston






Nine ACREL Fellows met for lunch at the Harvard Club in Downtown Boston on March 6.  Topics of conversation ranged from trends in leasing (We Work, AirBNB, multi- user spaces), marijuana issues, to recent flooding/wind events to children grandchildren to recent and future travels.  In attendance were: Marianne Ajemian, Ed Bloom, Frank Burt, Andrew Cohn, Bob Fishman, John Griffin, Beth Mitchell, Kathy Murphy and Joel Reck.





Can a Landlord Evict a Tenant for Failure to Obtain Insurance? 

Ann Peldo Cargile, Bradley Arant Boult Cummings LLP, Nashville, TN 

Thee Aguila Inc. v. ERDM, Inc. involves an action by a landlord to evict a tenant for failure to maintain public liability insurance with a cross-liability endorsement.  The lease stated that if the tenant did not carry the proper insurance, the landlord had the option “but not the obligation” to place the insurance on the tenant’s behalf (at the tenant’s expense).            READ MORE >>


Some Lingering Questions on Statutory Assignments of Rents in Michigan

Brian J. Page, Dykema, Grand Rapids, MI 

In its published May 2, 2017 In Re: Town Center Flats, LLC opinion, the U.S. Sixth Circuit Court of Appeals delivered good news to mortgagees of Michigan commercial and industrial property that, as is typical, take a statutory assignment of rents as additional security for repayment of the mortgage debt.          READ MORE >>


What Can ACREL Do About Homelessness?

David H. Jones, Troutman Sanders LLP, Charlotte, NC

After the ACREL meeting in Los Angeles in October, a number of members began to wonder if there was a role for ACREL in helping to solve the problem.       READ MORE >>


Whose Law Is It?

Samuel Levine, Miller Canfield, Chicago, IL 

Remember those courses in law school about conflicts of law?  Little did I realize later how relevant they would become to interpreting loan documentation where the real property is located in one state but the laws of a different state could govern enforcement of the note, guaranty or a deficiency.      READ MORE >>


Treatment of Damage from Multiple Perils under Property Insurance Policies

Art Menor, Shutts & Bowen LLP, West Palm Beach, FL

In Sebo v. Am. Home Assurance Co, the issue before the Florida Supreme Court was the theory of recovery to be applied when more than one cause or “peril” resulted in the loss of the insured’s home and at least one of those causes was excluded from coverage by the insured’s insurance policy.      READ MORE >>

Read all of this issue's articles here.



Open Source: Why You Should Use ACREL Shares!

A message from Benjamin Lund, Chair of  Innovation and Practice Committee

I’ve had the opportunity to explore the ACREL Shares! site that has been constructed through the extensive efforts of ACREL members and staff.  I’ve concluded that Shares! is going to be an extremely useful tool in my practice, in no small part because its construction embodies many of the valuable collaborative features of the so-called “open source” approach used for production and development in a variety of fields.   READ MORE >>


For a reminder on how to login to ACREL Shares! click here.  And don't forget to bookmark ACREL Shares!


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Have you Joined the ACREL LinkedIn Group yet?

If not, follow these easy steps:


  1. Join LinkedIn and create a profile (if you don’t already have one).
  2. Request to join the group by clicking this link.  Select the button, which says “Ask to  Join.”  Allow 1-2 business days for an admin on the site to approve your request. 
  3. Contribute! Make sure to bookmark the group page and share and comment on various posts from ACREL Fellows. You can also easily connect with other Fellows who have already joined the group.
  4. Make sure to add a direct link to your LinkedIn profile on the ACREL site. To do this, login to and select “Manage Profile” at the top of the page. Click on “Edit Bio” under “Settings and Information.” Scroll down to the bottom of the “Personal Information” section and copy your profile URL where it says, “LinkedIn Profile.” (Note: you can also add a Facebook profile link if you would like.)  After entering the link, scroll down and click “Save Changes.”




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