43rd Annual Real Estate Practice Seminar 2025

Live on Site:

Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Registration

Virginia’s Real Estate Legislative Update
Lucia Anna Trigiani, David S. Mercer
Learn what legislation has passed and what is on the horizon for next year.

Break

Virginia’s Real Estate Case Law Update
Michael Derdeyn, John E. Rinaldi
Materials on all real estate–related cases in the past year with a presentation highlighting the top cases.

Break

Benefits and Limitations of Transfer on Death Deeds in Virginia
Toula Dreifuss (Fairfax)
Kay Creasman (Richmond)
Helen Spence (Roanoke)

Revocable Transfer on Death Deeds are a unique and useful tool used to effect a transfer of real property ownership to one or more designated beneficiaries upon the death of the owner. While Transfer on Death Deeds can be a convenient solution, practitioners must understand the important technical requirements and material limitations of the use of Transfer on Death Deeds in order determine if a Transfer on Death Deed will ultimately accomplish a client’s goals. In this session we will discuss the benefits, requirements, and limitations to be evaluated in determining when a Transfer on Death Deed is a sufficient tool for a client, and when more comprehensive estate planning might be a more appropriate recommendation.

Lunch (provided at live-on-site seminars)

At the Intersection of Bankruptcy and Foreclosure—Real Estate Issues and Implications
Robert Michael (Richmond)
Robert Oliven (Fairfax)
George I. Vogel, III (Roanoke)

This session will survey issues that can arise involving bankruptcy and foreclosure. We will distinguish the roles of the Bankruptcy Trustee and the Trustee under a Deed of Trust and address the nuances of the automatic stay, the “co-debtor” stay, discharge, and dismissal of the bankruptcy. Advanced discussions will include the race to file the bankruptcy petition before the “fall of the hammer” at foreclosure, the breadth of the bankruptcy “estate,” adversary proceedings, the impact of bankruptcy discharges on unscheduled debts/liens, and potential avenues to deal with abusive filers in bankruptcy. This session will seek to reconcile bankruptcy and foreclosure so when they arise for the real estate practitioner, they become less of an intersection and more of a roundabout.

Break

Real Estate After Death: Inheritance and Distribution
(Death and Dirt: Disposition and Distribution of Real Estate After Death)
Jim Cox (Richmond, Roanoke)
Amanda P. Plant (Fairfax)

During this presentation we will discuss what happens to real estate after the death of the owner. This will cover the different ways real estate can be inherited or distributed under Virginia law including by Will, Trust, Transfer on Death Deed, intestacy, joint ownership, business ownership (i.e., LLC), etc. We will also go over the probate process for real estate, how to transfer the real estate, and best practices in general, including the right to sell, “dropping like a rock,” and deeds of confirmation and distribution.

Break

Emerging Fraud Trends in Real Estate Transactions
Hayden-Anne Breedlove (Richmond)
Stephen Chaitt (Fairfax)
Steve Gregory (Roanoke)

A practical discussion of real-world experiences related to fraud in Real Estate transactions, including Estates, Vacant Land, Payoff Diversion, and Forgery, as well as suggestions for how to prevent fraud to protect your client and yourself.

Break

The Ethics of Productivity, Organization, and Attorney Well-Being
Steve Murphy (Richmond, Fairfax)
Travis J. Graham (Roanoke)
Kevin Holt (Roanoke)

Now more than ever, lawyers are stressed and overwhelmed. This is a problem for lawyers’ well-being and mental health. But more than that, this is an ethics problem. The American Bar Association has emphasized the importance of attorney well-being in providing appropriate service to the clients. Numerous ethical issues are implicated by a lawyer who is stressed and overwhelmed, including the duties of competence (Rule 1.1), diligence (Rule 1.3), communication (Rule 1.4), fees (Rule 1.5), recordkeeping (Rule 1.15), accepting and declining clients (Rule 1.16), and supervising and delegating work to others (Rule 5.1). These and other duties are affected by a lawyer’s practices (or lack thereof) of organization and productivity.

But there is a solution. By adopting the right habits and routines, the attorney can provide excellent service to clients, can promote mental and psychological health, and can comply with the attorney’s ethical obligations. This presentation will discuss the ethical duties of staying organized, focused, and productive, and it will give practical tips and identify best habits to fulfill these ethical duties and to promote mental well-being.

Closing Remarks

Adjourn