RELU Home | Section Info | Email Message Archive

Items of interest to section members posted on the Section List Serve and broadcast emails sent through the OSB at the section's request are reproduced here. Posts are listed by date, with the most recent at the top. Items are posted by your Webmaster. This is not an automated process so there will be a time lag between a post appearing on the list and its duplication in this archive. If there were any Reply to All responses to the post, a link to those responses appears in the post heading. e. g. Post No. 20030203-1

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Post Code Number
Link to Responses, if any
Date of Post
Title of Post
Name/email of poster
Text of post

08/27/03, New Welcome Letter [duplicated in full on the list info page]

20030731-1, 07/31/03, [broadcast email] 2003 Annual RELU Meeting next week!

20030724-1, 07/24/03,[broadcast email] RELU 2003 Annual Meeting features great topics, great speakers and a great location

20030715-1, 07/15/03, [broadcast email] RELU 2003 Annual Meeting Notice and CLE

20030221-1, 2/21/03, [broadcast email] A Letter Concerning Opinion Letters

20030212-1, 2/12/03, [broadcast email] RELU 2003 Annual Meeting

20030206-1, 02/06/03, [relu] Title companies preparing real estate documents

20030116-1, 01/16/03, [relu] New SDC Case

20030731-1
Date: 7/31/03
Title: 2003 Annual RELU Meeting next week!
From: Norma Freitas

The 2003 Annual Meeting is coming up fast, but it's still not too late to register! Click on the following link to download the brochure http://www.osbrelu.homestead.com/files/2003AnnConfBrochure.pdf. To check out all the great amenities at Eagle Crest Resort in Redmond, go to www.eagle-crest.com. Join us for a great conference.

20030724-1
Date: 7/24/03
Title: RELU 2003 Annual Meeting features great topics, great speakers and a great location
From: RELU Executive Committee

Oregon has a new governor and he is changing the way the state does business. Come hear Marty Brantley, Director of the Economic and Community Development Department, talk about how these changes will affect development statewide. We will also update you on all the legislative and case law relevant to your practice. Breakout sessions give you the opportunity to concentrate on either land use or real estate topics.

This year's conference has been approved for 11.75 MCLE credits, including 1 ethics credit and 1 child abuse reporting credit. Friday's lunch and evening reception are included.

So join us on Friday and Saturday, August 8-9, at Eagle Crest Resort in beautiful Central Oregon! To register by phone with VISA or Mastercard, call the OSB Registration desk at 503-684-7413, or toll free in Oregon 1-800-452-8260, ext. 413. Click on this link http://www.osbrelu.homestead.com/files/2003AnnConfBrochure.pdf
to download the brochure. Questions? Contact Norma Freitas at 503-222-7006.

20030715-1
Date: 7/15/03
Title: RELU 2003 Annual Meeting Notice and CLE
From: Chris Walters, Chair, RELU Executive Committee

OREGON STATE BAR
REAL ESTATE & LAND USE SECTION
NOTICE OF ANNUAL MEETING AND ELECTION OF OFFICERS

Friday, August 8, 2003
Noon
Eagle Crest Resort
Redmond, Oregon

The Real Estate & Land Use Section will hold its annual meeting during lunch on Friday, August 8, 2003. All section members are encouraged to attend.

The agenda is as follows:
Election of Executive Committee for 2004. Approve slate of officers as follows:

Officers

CHAIR - E. Shannon Johnson, Keizer
CHAIR-ELECT - Wally Lien, Salem
PAST CHAIR - Chris Walters, Portland,
SECRETARY - Patricia Chapman, Eugene
TREASURER - Karen Williams, Portland

Members-at-Large term ending 12-31-05. (Two year appointments.)
Liz Fancher (reappointment), Bend
Christian Hearn (reappointment), Ashland
Joan Kelsey (reappointment), Portland
Greg Nelson (new appointee), Portland

Nominations will also be accepted from the floor.

CLE - 11.75 credits approved!

The RELU 2003 Annual Meeting has been approved for 9.75 general, 1.0 ethics, and 1.0 child abuse credits for a total of 11.75 credits. If you haven't already signed up, now is the time! Click on this link http://www.osbrelu.homestead.com/files/2003AnnConfBrochure.pdf to view the online brochure or call the OSB Order Desk at 503/684-7413, or toll free in Oregon 1-800-452-8260, x413, to register with VISA or Mastercard.

20030221-1
Date: 2/21/03
Title: A LETTER CONCERNING OPINION LETTERS
From: DAVID P. WEINER, Chair, RELU Section Opinion Letter Committee

Dear Section Members:

The Real Estate and Land Use Section Opinion Letter Committee is presently reviewing the current state of Oregon Opinion Letter practice and the form Opinion Letter promulgated in 1992 and revised in 1996. So as to better meet the needs of the Section members, the Opinion Letter Committee requests your responses to the following questions:

As either an Opinion giver or as counsel to a lender:

1. Have you encountered any problems in using the Oregon form Opinion Letter?
2. Has the Oregon form Opinion Letter been helpful in your practice?
3. Has the commentary that accompanies the Oregon form Opinion Letter been helpful in your practice?
4. Are there specific provisions of the Oregon form Opinion Letter that have been objected to more often?
5. If you are an opinion giver, have you been successful in persuading lenders not to require an Opinion Letter (or at least eliminate the enforceability opinion) when both borrower and lender have Oregon counsel?
6. If you represent a lender, have you recommended to your client not requiring an Opinion Letter (or an enforceability opinion) when both borrower and lender have Oregon counsel?
7. What changes to the Oregon form Opinion Letter do you suggest?
8. Is there a need for additional opinions? If so, in what areas?

Your responses to these questions and any other comments you may have on Opinion Letter practice in Oregon is appreciated. Please respond directly to me at david.weiner@greenemarkley.com. We hope with your help to update the form Opinion Letter and provide additional guidance in the area of Opinion Letter practice in Oregon real estate transactions.

VERY TRULY YOURS,
DAVID P. WEINER
Chair
RELU Section Opinion Letter Committee

20030212-1
Date: 2/12/03
Title: RELU 2003 Annual Meeting
From: Norma Freitas

The RELU 2003 Annual Meeting will be held August 8-9, 2003, at Eagle Crest Resort. Eagle Crest is a full-service destination resort located just outside the city of Redmond on 1700 acres in the high desert of Central Oregon. A block of rooms has been set aside for the conference. You can call Eagle Crest at 800/682-4786 or check out their website at www.eagle-crest.com.

Once again, Friday evening's reception is free (with no-host bar) so plan to bring your family! The reception will be held on a multi-level deck overlooking the Deschutes river.

Topics for the conference include: water law, the new federal legislation regarding small businesses and brownfields, effect of RLUIPA on land-use, periodic review, title problems and soluctions, ethics, condemnation, real estate exchanges, system development charges, real estate financial abuse, and more. Legislative and case law updates will be featured on Saturday.

Look for your brochure in early June. If you have any questions, contact Norma Freitas at 503/222-7006 or nsfreitas@aol.com.

20030206-1
Responses(19)
02/06/03
[relu] Title companies preparing real estate documents
From Robert D Butler, bob@butlerlooney.com
href=http://www.leg.state.or.us/03reg/measures/sb0001.dir/sb0043.intro.html>
The following is apparently being co-sponsored by the Bar and the title company lobbies. It deserves the close attention and consideration of every real estate lawyer in Oregon.
Bob Butler
Butler & Looney, P.C.
Vale, OR 97918

72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session

NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } .
LC 475
Senate Bill 43
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with presession filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Joint Interim Committee on Judiciary for Oregon State Bar Unlawful Practice of Law Committee)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.
Exempts certain activities of title insurers, title insurance agents and escrow agents from prohibitions on unauthorized practice of law.
A BILL FOR AN ACT
Relating to the unauthorized practice of law; creating new provisions; and amending ORS 9.160 and 9.166.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 9.160 is amended to read:
9.160. { + (1) + } Except { - for the right reserved to litigants by ORS 9.320 to prosecute or defend a cause in person - } { + as provided in this section + }, { - no - } { + a + } person { - shall - } { + may not + } practice law or represent that person as qualified to practice law unless that person is an active member of the Oregon State Bar.
{ + (2) Subsection (1) of this section does not affect the right to prosecute or defend a cause in person as provided in ORS 9.320.
(3) A person licensed under ORS 696.022 acting in the scope of the person's license to arrange a real estate transaction, including the sale, purchase, exchange, option or lease coupled with an option to purchase, lease for a term of one year or longer or rental of real property, is not engaged in the practice of law in violation of subsection (1) of this section.
(4) A title insurer authorized to do business in this state, a title insurance agent licensed under the laws of this state or an escrow agent licensed under the laws of this state is not engaged in the practice of law in violation of subsection (1) of this section if, for the purposes of a transaction in which the insurer or agent provides title insurance or escrow services, the insurer or agent:
(a) Prepares any satisfaction, reconveyance, release, discharge, termination or cancellation of a lien, encumbrance or obligation;
(b) Acts pursuant to the instructions of the principals to the transaction as scrivener to fill in blanks in any document selected by the principals;
(c) Presents to the principals to the transaction for their selection any blank form prescribed by statute, rule, ordinance or other law; or
(d) Presents to the principals to the transaction for their selection a blank form prepared or approved by a lawyer licensed to practice law in this state for one or more of the following:
(A) A mortgage.
(B) A trust deed.
(C) A promissory note.
(D) An assignment of a mortgagee's interest under a mortgage.
(E) An assignment of a beneficial interest under a trust deed.
(F) An assignment of a seller's or buyer's interest under a land sale contract.
(G) A power of attorney.
(H) A subordination agreement.
(I) A memorandum of an instrument that is to be recorded in place of the instrument that is the subject of the memorandum.
(5) In performing the services permitted in subsection (4) of this section, a title insurer, a title insurance agent or an escrow agent may not draft, select or give advice regarding any real estate document if those activities require the exercise of informed or trained discretion. + }
SECTION 2. { + ORS 9.160 is added to and made a part of ORS 9.162 to 9.166. + }
SECTION 3. ORS 9.166 is amended to read:
9.166. { - (1) - } If the board has reason to believe that a person is practicing law without a license, the board may maintain a suit for injunctive relief in the name of the Oregon State Bar against any person violating ORS 9.160. The court shall enjoin any person violating ORS 9.160 from practicing law without a license. Any person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. The court may also order restitution to any victim of any person violating ORS 9.160. The prevailing party may recover its costs and attorney fees in any suit for injunctive relief brought under this section in which the board is the plaintiff.
{ - (2) A person licensed under ORS 696.022 acting in the scope of the person's license to arrange a real estate transaction, including the sale, purchase, exchange, option or lease coupled with an option to purchase, lease for a term of one year or longer or rental of real property, is not engaged in the practice of law in violation of ORS 9.160. - }
SECTION 4. { + The amendments to ORS 9.160 by section 1 of this 2003 Act apply only to activities of title insurers, title insurance agents and escrow agents as described in the amendments to ORS 9.160 by section 1 of this 2003 Act that take place on or after the effective date of this 2003 Act. + }
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20030116-1
01/16/03
New SDC Case
From Wallace W. Lien, wlien@lienlaw.com
If you haven't yet heard, the Court (Judge Shuman) has just issued a new case blessing SDC's. Take a look at the opinion online at: http://www.publications.ojd.state.or.us/A111827.htm

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