Mortgage Lending Institute

A selection of cases covering a number of topics related to mortgage lending and real estate including foreclosures, loan agreements, guaranties, leases, conveyances and more.

In Dallas:
David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
In Austin:
David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX

Revising the Texas Assignment of Rents in light of Chapter 64 of the Texas Property Code.

In Dallas:
Lorin Williams Combs, Winstead PC - Dallas, TX
Jeffrey Warren Matthews, Winstead PC - Dallas, TX
In Austin:
Lorin Williams Combs, Winstead PC - Dallas, TX
Jeffrey Warren Matthews, Winstead PC - Dallas, TX

Recent court decisions have brought into question whether borrowers and their guarantors can feel comfortable with the language in loan documents that lenders propose when the bargain made by the business parties is for a so-called non-recourse mortgage loan. This presentation reviews the recent cases and proposes language for mortgage loan documents that will remove some of the exposure-prone provisions (sometimes referred to as "gotchas") while at the same time keeping the legitimate protections that lenders need in non-recourse loans.

In Dallas:
James H. Wallenstein, Glast, Phillips & Murray - Dallas, TX
In Austin:
James H. Wallenstein, Glast, Phillips & Murray - Dallas, TX

A comparison of the ethical and legal duties of lawyers and brokers to their clients under agency law.

In Dallas:
Rick M. Albers, Kuperman, Orr & Albers, P.C. - Austin, TX
Michael Brian Johnson, Thompson, Coe, Cousins & Irons, LLP - Austin, TX
In Austin:
Rick M. Albers, Kuperman, Orr & Albers, P.C. - Austin, TX
Michael Brian Johnson, Thompson, Coe, Cousins & Irons, LLP - Austin, TX

DALLAS: Networking Lunch at Belo Mansion
AUSTIN: Lunch on Your Own

War stories from lender and buyer perspectives: from the process and legal issues involved in selling a loan to what to do with a newly acquired loan.

In Dallas:
Courtney Davis Bristow, Winstead PC - Dallas, TX
In Austin:
Courtney Davis Bristow, Winstead PC - Dallas, TX

The buyer at a foreclosure sale takes title "as is." What this means and what issues should be anticipated and addressed, including status of title, challenges by the borrower, condition of the property and third-party rights.

In Dallas:
Sara E. Dysart, Attorney at Law - San Antonio, TX
In Austin:
Sara E. Dysart, Attorney at Law - San Antonio, TX

Brief survey of "as is" case law and ideas to protect a lender who is selling property obtained by foreclosure.

In Dallas:
Kathryn E. Allen, Graves Dougherty Hearon & Moody - Austin, TX
D. Michael Baucum, Baucum Steed Barker - San Antonio, TX
In Austin:
Kathryn E. Allen, Graves Dougherty Hearon & Moody - Austin, TX
D. Michael Baucum, Baucum Steed Barker - San Antonio, TX

These days, clients (and attorneys) can inadvertently enter into a binding contract by email. The presentation provides an overview of the Texas Electronic Transactions Act, with highlights of cases interpreting the ETA. It also includes an introduction on the use of a third-party service to facilitate e-contracts—eliminating the need and cost of paper files!

In Dallas:
Kevin M. Kerr, Attorney at Law - Dallas, TX
Matthew Meguire Sanderson, Looper Reed & McGraw, P.C. - Dallas, TX
In Austin:
Kevin M. Kerr, Attorney at Law - Dallas, TX
Matthew Meguire Sanderson, Looper Reed & McGraw, P.C. - Dallas, TX

This session examines how commercial mortgage backed securities (CMBS) have evolved through the economic crisis and what lenders and borrowers can expect in loans being originated for securitization exit. Underwriting issues and structure enhancements, recent case law impacting guarantors, macroeconomic factors and regulatory limbo provide fodder for discussion.

In Dallas:
Patrick C. Sargent, Andrews Kurth LLP - Dallas, TX
In Austin:
Patrick C. Sargent, Andrews Kurth LLP - Dallas, TX

Questions and concerns related to financial covenants with drafting suggestions to resolve those document deficiencies that arose during the recent workout cycle.

In Dallas:
Niles Wesley Holmes, Niles Holmes, P.C. - Dallas, TX
In Austin:
Niles Wesley Holmes, Niles Holmes, P.C. - Dallas, TX

A continuation of the Case Law Update.

In Dallas:
David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
In Austin:
David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX

A survey of terms currently being offered with respect to construction financing and investor equity obtained for new conventional multi-family rental housing developments.

In Dallas:
J. Cary Barton, Barton, East & Caldwell, P.L.L.C. - San Antonio, TX
In Austin:
J. Cary Barton, Barton, East & Caldwell, P.L.L.C. - San Antonio, TX

A quick survey of tech topics or tools ignored in our loan documents, underutilized on our desktops and about to explode in hands (tablets and smartphones). This session covers tips and resources for taking the tech attack safely to the ground—with a quick view of "where" it is taking us.

In Dallas:
Keith H. Mullen, Winstead PC - Dallas, TX
In Austin:
Keith H. Mullen, Winstead PC - Dallas, TX

This presentation focuses on the substantial rewriting of the Truth in Lending and RESPA regulations by the Consumer Financial Protection Bureau. Regulations regarding underwriting for the consumer's ability to repay, the new unified loan disclosures and risk retention for loan sales are discussed together with the impact of these changes on the residential loan documentation and closing process.

In Dallas:
Barry D. Johnson, SettlePou - Dallas, TX
In Austin:
Barry D. Johnson, SettlePou - Dallas, TX

An overview of how residential loan originations and mortgage servicing practices are going to dramatically change the "down-in-the-trenches" operations of medium and smaller size law firms, lenders, mortgage bankers and mortgage servicers.

In Dallas:
Tommy Bastian, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX
Chris Alexander Peirson, Attorney at Law - Dallas, TX
In Austin:
Tommy Bastian, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX
Chris Alexander Peirson, Attorney at Law - Dallas, TX

Included in conference registration fee.

An overview of the current state of the real estate capital markets.

In Dallas:
Joseph D. Cahoon, The University of Texas McCombs School of Business Real Estate Finance and Investment Center - Austin, TX
In Austin:
Jay C. Hartzell, The University of Texas McCombs School of Business Real Estate Finance and Investment Center - Austin, TX

A discussion of recent developments and hot topics in mortgage lending.

In Dallas:
Brian C. Rider, The University of Texas School of Law - Austin, TX
Richard L. Spencer, Johnson Deluca Kurisky & Gould, P.C. - Houston, TX
In Austin:
Brian C. Rider, The University of Texas School of Law - Austin, TX
Richard L. Spencer, Johnson Deluca Kurisky & Gould, P.C. - Houston, TX

A quick tour from the basics of mineral and water law for service developers and their lawyers and lenders to new issues in mineral rights law including title insurance limitations, Rule 76, pipeline conundrums, drilling ordinances and their limitations, Lesley v. VLB and its impact on subdivisions, fracking, and more.

In Dallas:
Terry I. Cross, McClure & Cross LLP - Dallas, TX
In Austin:
Terry I. Cross, McClure & Cross LLP - Dallas, TX

What are the boundaries, borders and gray areas for lawyers involved in negotiations? A fast-paced presentation with points to ponder, hypotheticals to consider and something to smile about.

In Dallas:
Michael J. Golden, Boulette & Golden L.L.P. - Austin, TX
In Austin:
Jason Boulette, Boulette & Golden L.L.P. - Austin, TX