About

The Mortgage Lending Institute continues to be the definitive conference for real estate lending, financing and title issues. Highlights include David Weatherbie's popular case law update; the impact of the Texas margin tax on lenders and landlords; J. Cary Barton’s luncheon presentation “Responding to Emergency Loan Applications and Commitments;” and much more. As always, get a great set of resource materials, including the latest forms, developments, and strategies—over 1,000 pages of practical materials.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning
    Presiding Officers:
    In Austin: David A. Weatherbie, Cramer Weatherbie Richardson LLP - Dallas, TX
    In Dallas: Edward F. Walker, Hunton & Williams Attorney - Dallas, TX
  • 8:00 am
    Austin Only
    Registration Opens

    Includes continental breakfast.
  • 8:50 am
    Austin Only
    Welcoming Remarks

  • 9:00 am
    Austin, Dallas Only
    0.75 hr
    0.25 hr ethics
    Case Law Update Part I

    David A. Weatherbie, Cramer Weatherbie Richardson LLP - Dallas, TX

    A selection of cases covering a number of topics related to real estate and finance, including mortgages and foreclosures, promissory notes, guaranties, usury, vendors and purchasers, DTPA, construction issues, ethical issues, and more.
  • 9:45 am
    Austin, Dallas Only
    0.33 hr
    Texas Margin Tax Update: 2007 Developments

    Steven D. Moore, Jackson Walker L.L.P. - Austin, TX

    The presentation will explain the application and calculation of the new Texas Margin Tax, including all major amendments resulting from the 80th Legislative Session. Special emphasis will be placed on real estate-related issues such as choice of entity and lease pass-through negotiations.
  • 10:05 am
    Austin, Dallas Only
    0.33 hr
    Practice Advice: Margin Tax Issues Facing Mortgage Lenders and Landlords

    Thomas M. Whelan, McGuire, Craddock & Strother P.C. - Dallas, TX

    Review of, and suggested revisions to, mortgage and lease terms affected by the margin tax.
  • 10:25 am
    Austin Only
    Break

  • 10:40 am
    Austin, Dallas Only
    0.50 hr
    The Subprime Mortgage Market: Problems, Responses and a Look to the Future

    Robert A. Cook, Hudson Cook, LLP - Hanover, MD

    This presentation will cover and overview of the origins of the subprime market downturn. The resultant legal and compliance implications for lenders in that market will also be addressed.
  • 11:10 am
    Austin, Dallas Only
    0.33 hr
    Locking the Door on Mortgage Fraud

    Jason Mitchell Little, Scheef & Stone, LLP - Frisco, TX

    Hardening your defenses against the top scams and scammers.
  • 11:30 am
    Austin, Dallas Only
    0.33 hr
    The Landlords Subordination Agreement

    Harriet Anne Tabb, McGuire, Craddock & Strother P.C. - Dallas, TX

    Lenders' forms of Landlord Subordination Agreements are often short, which leads many landlords to conclude that they are innocuous. In fact, they are full of traps for the unwary landlord. This presentation will discuss those traps and propose and alternative form.
  • 11:45 am
    Austin Only
    Pick up Box Lunch

    Included in conference registration fee.
  • Thursday Afternoon
    Presiding Officers:
    In Austin: Glenn Hall, Attorney at Law - Austin, TX
    In Dallas: Charles W. Spencer, Law Offices of Charles W. Spencer - Dallas, TX
  • 12:00 pm
    Austin, Dallas Only
    0.75 hr
    0.50 hr ethics
    Responding to Emergency Loan Applications and Commitments

    J. Cary Barton, Barton, East & Caldwell, L.L.P. - San Antonio, TX

    Tips on what to look for in reviewing and responding to borrower's loan applications and commitments when time is short and tensions are high.
  • 1:00 pm
    Austin, Dallas Only
    0.33 hr ethics
    The Ethics of Multi-Jurisdictional Representation

    Millard A. Johnson, Johnson Deluca Kennedy & Kurisky PC - Houston, TX

    Ethical and practical considerations when representing clients from multiple states.
  • 1:20 pm
    Austin, Dallas Only
    0.50 hr ethics
    Disciplinary Rules Update

    James H. Wallenstein, Hunton & Williams, LLP - Dallas, TX

    This presentation will present updates on the Disciplinary Rules drafting projects of both the State Bar Committee on Disciplinary Rules of Professional Conduct and the Disciplinary Rules Task Force appointed by the Texas Supreme Court. The presentation will also highlight certain provisions in the Disciplinary Rules, which are of special interest to real estate attorneys, such as the conflict waiver rules.
  • 1:50 pm
    Austin, Dallas Only
    0.33 hr
    Negotiating Mezzanine Loan Intercreditor Agreements from the Lenders' Perspective

    Jonathan Thalheimer, McGuire Craddock & Strother PC - Dallas, TX

    This presentation reviews the who, what, where, when and how of Intercreditor Agreements. Who needs them? What are they and what do they look like? Where do they occur? When are they implemented? How are they negotiated?
  • 2:10 pm
    Austin, Dallas Only
    0.33 hr
    A Practitioner's Guide to Wire Transfers

    Ronald J. Mann, Columbia University School of Law - New York, NY

    This session covers the best practices for utilizing wire transfers, looks at how funds actually flow between financial institutions, and explains when funds are (temporarily) in transit.
  • 2:30 pm
    Austin, Dallas Only
    0.33 hr
    De-Cluttering Deeds

    Stephen A. Mitchell, Stephen A. Mitchell, Attorney At Law - Austin, TX

    This presentation will address the elements of a deed, as well as the significance of the elements and factors to consider before drafting a deed. This understanding of the function of the elements of a deed can provide the structure for a drafting technique that is precise, "clutter free," and sufficiently detailed to satisfy the purpose and intent of the parties in a direct and efficient manner.
  • 2:50 pm
    Austin Only
    Break

  • 3:05 pm
    Austin, Dallas Only
    0.50 hr
    Foreclosure Issues of 2007 in an Economic Environment

    Douglas A. Yeager, Locke Lord Bissell & Liddell LLP - Houston, TX

    Although the economy is generally strong, the number of foreclosures is on the rise, and several forecasters are predicting it is only a matter of time before there will be a downturn in the Texas economy. The purpose of our presentation is to arm you with a step-by-step guide to conducting both real and personal property foreclosures.
  • 3:35 pm
    Austin, Dallas Only
    0.33 hr
    The Role and Application of Usury Law in Rescue Lending

    Scott Gordon Night, Haynes and Boone, LLP - Dallas, TX

    A brief overview of Texas usury law followed by a discussion of various fees, charges, and other amounts or interests granted by borrowers in connection with loan workouts, restructures, and short-term bridge financing.
  • 3:55 pm
    Austin, Dallas Only
    0.75 hr
    0.25 hr ethics
    A Due Diligence Handbook for Developers

    In Austin:
    John M. Nolan, Winstead PC - Dallas, TX
    In Dallas:
    Michael F. Alessio, Winstead PC - Dallas, TX

    An overview of developments and entitlement issues commonly encountered in Texas Development transactions.
  • 4:40 pm
    Austin, Dallas Only
    0.75 hr
    Environmentally Impaired Real Property: Management and Closing

    Howard L. Gilberg, Guida, Slavich & Flores - Dallas, TX

    Urban and suburban core redevelopment efforts have put environmentally impaired real estate more and more into play. This session will focus on current environmental due diligence requirements, as well as environmental risk allocation strategies for getting these real estate deals closed.
  • 5:25 pm
    Austin Only
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning
    Presiding Officers:
    In Austin: Janna R. Melton, Attorney At Law - Austin, TX
    In Dallas: Jonathan Thalheimer, McGuire Craddock & Strother PC - Dallas, TX
  • 8:30 am
    Austin, Dallas Only
    0.75 hr
    0.25 hr ethics
    Case Law Update Part II

    David A. Weatherbie, Cramer Weatherbie Richardson LLP - Dallas, TX

    Continuation of the case law update.
  • 9:15 am
    Austin, Dallas Only
    1.00 hr
    0.25 hr ethics
    From the Pink Dome to Your Office: Legislative Update on the 80th Legislature

    Mark McPherson, McPherson & Associates PC - Dallas, TX

    Overview of the 80th Legislature's effect on real estate, lending, and other commerical matters.
  • 10:15 am
    Break

  • 10:30 am
    Austin, Dallas Only
    0.50 hr
    Post Legislative Forms Update

    Justin V. Switzer, Haynes And Boone, LLP - Houston, TX

    This presentation will identify legislation of the 80th Texas Legislature that directly affects commonly used real estate and lending documents. We'll discuss what changes you must make to your forms, and some changes you might want to make.
  • 11:00 am
    Austin, Dallas Only
    0.50 hr
    Pitfalls in Condo Development

    Jeanne Marie Caruselle, Winstead PC - Dallas, TX

    The session will focus on a lawyer's review of a condominium map in light of the requirements contained in the Texas Condominium Act.
  • 11:30 am
    Austin, Dallas Only
    0.33 hr
    E-Signing, Electronic Mortgages, and Contract Formation: Back to Basics

    Chris Alexander Peirson, Peirson Patterson LLP - Dallas, TX

    The mortgage lending industry is transitioning to the use of electronic records and processes for mortgage origination. The legal foundation for this paradigm shift is the adoption of the Uniform Electronic Transaction Act ("UETA") and passage of the federal Electronic Signatures in Global and National Commerce Act ("ESIGN"). This presentation will examine how these legislative vehicles for electronic commerce interface with extant real estate and contract law.
  • 11:50 am
    Austin, Dallas Only
    0.33 hr
    Severed Minerals—A Surface Lender's Perspective

    William M. Kerr Jr., Kelly Hart & Hallman LLP - Austin, TX

    Oil and gas exploration is taking place in increasingly urban settings. This session will focus upon some of the considerations posed to prospective surface lenders by severed minerals.
  • Friday Afternoon
    Presiding Officers:
    In Austin: Mark S. Biskamp, Mayer Brown Rowe & Maw - Houston, TX
    In Dallas: Paula L. Beasley, Scheef & Stone LLP - Dallas, TX
  • 12:10 pm
    Austin, Dallas Only
    0.00 hr ethics
    Lunch on your Own

  • 1:15 pm
    Austin, Dallas Only
    0.33 hr
    Easements

    Louis Frank Oliver, Oliver & Oliver , P.C. - Austin, TX

    Issues relating to easements are of particular concern to a lender when accepting a deed of trust lien as collateral for its loan, and the subsequent enforcement of the deed of trust lien.
  • 1:35 pm
    Austin, Dallas Only
    0.50 hr
    Pitfalls and Hidden Costs of Conduit Loans

    Brian C. Rider, The University of Texas School of Law - Austin, TX

    An examination of unwelcome costs and requirements that a borrower of borrower's counsel might encounter when involved in a conduit loan transaction.
  • 2:05 pm
    Austin, Dallas Only
    0.50 hr
    The New ALTA Policies: The Old is New and The New Texas Title Insurance Endorsements

    Robert A. Watson, Fidelity National Title Insurance Company - Dallas, TX

    An analysis and comparison of changes in the 2006 ALTA Title Policies and a review of the new Texas Title Insurance Endorsements.
  • 2:35 pm
    Austin, Dallas Only
    0.67 hr
    Insurance Provisions - Fact or Fiction?

    Aaron Johnston Jr., Munsch Hardt Kopf & Harr, PC - Dallas, TX

    This session explores some of the insurance myths upon which many standard loan document provisions are based. Does "contractual liability" actually cover liabilities in your contracts? Is a lender really entitled to receive all insurance proceeds after destruction of the mortgage property? Are casualties actually covered by casualty insurance?
  • 3:15 pm
    Adjourn

Conference Faculty

Michael F. Alessio

Winstead PC
Dallas, TX

J. Cary Barton

Barton, East & Caldwell, L.L.P.
San Antonio, TX

Jeanne Marie Caruselle

Winstead PC
Dallas, TX

Robert A. Cook

Hudson Cook, LLP
Hanover, MD

Howard L. Gilberg

Guida, Slavich & Flores
Dallas, TX

Millard A. Johnson

Johnson Deluca Kennedy & Kurisky PC
Houston, TX

Aaron Johnston Jr.

Munsch Hardt Kopf & Harr, PC
Dallas, TX

William M. Kerr Jr.

Kelly Hart & Hallman LLP
Austin, TX

Jason Mitchell Little

Scheef & Stone, LLP
Frisco, TX

Ronald J. Mann

Columbia University School of Law
New York, NY

Mark McPherson

McPherson & Associates PC
Dallas, TX

Stephen A. Mitchell

Stephen A. Mitchell, Attorney At Law
Austin, TX

Steven D. Moore

Jackson Walker L.L.P.
Austin, TX

Scott Gordon Night

Haynes and Boone, LLP
Dallas, TX

John M. Nolan

Winstead PC
Dallas, TX

Louis Frank Oliver

Oliver & Oliver , P.C.
Austin, TX

Chris Alexander Peirson

Peirson Patterson LLP
Dallas, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Justin V. Switzer

Haynes And Boone, LLP
Houston, TX

Harriet Anne Tabb

McGuire, Craddock & Strother P.C.
Dallas, TX

Jonathan Thalheimer

McGuire Craddock & Strother PC
Dallas, TX

James H. Wallenstein

Hunton & Williams, LLP
Dallas, TX

Robert A. Watson

Fidelity National Title Insurance Company
Dallas, TX

David A. Weatherbie

Cramer Weatherbie Richardson LLP
Dallas, TX

Thomas M. Whelan

McGuire, Craddock & Strother P.C.
Dallas, TX

Douglas A. Yeager

Locke Lord Bissell & Liddell LLP
Houston, TX

Planning Committee

David A. Weatherbie—Chair

Cramer Weatherbie Richardson LLP
Dallas, TX

J. Cary Barton

Barton, East & Caldwell, L.L.P.
San Antonio, TX

Paula L. Beasley

Scheef & Stone LLP
Dallas, TX

Mark S. Biskamp

Mayer Brown Rowe & Maw
Houston, TX

David Z. Conoly

David Z. Conoly PC
Corpus Christi, TX

C. Bryan Dunklin

Bryan Dunklin & Association, PLLC
Dallas, TX

Sara Eileen Dysart

Sara E. Dysart, P.C.
San Antonio, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

James L. Gosdin

Stewart Title Guaranty Company
Houston, TX

Glenn Hall

Attorney at Law
Austin, TX

James N. Johnson

Johnson, Rial & Parker, PC
Austin, TX

Aaron Johnston Jr.

Munsch Hardt Kopf & Harr, PC
Dallas, TX

Kevin M. Kerr

Atty At Law
Dallas, TX

Robert S. Ladd

Haynes And Boone, LLP
Houston, TX

Mark McPherson

McPherson & Associates PC
Dallas, TX

Janna R. Melton

Attorney At Law
Austin, TX

John M. Nolan

Winstead PC
Dallas, TX

Chris Alexander Peirson

Peirson Patterson LLP
Dallas, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Richard L. Spencer

Johnson DeLuca Kennedy and Kurisky
Houston, TX

Harriet Anne Tabb

McGuire, Craddock & Strother P.C.
Dallas, TX

Jonathan Thalheimer

McGuire Craddock & Strother PC
Dallas, TX

David W. Tomek

Vinson & Elkins
Dallas, TX

Rick Triplett

Graves, Dougherty, Hearon & Moody PC
Austin, TX

Edward F. Walker

Hunton & Williams Attorney
Dallas, TX

Robert A. Watson

Fidelity National Title Insurance Company
Dallas, TX

Thomas M. Whelan

McGuire, Craddock & Strother P.C.
Dallas, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.
MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.
MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.

Key Dates

Austin – Sep 20-21, 2007 – Four Seasons Hotel
Conference Concluded
Dallas – Oct 11-12, 2007 – Belo Mansion
Conference Concluded
Video Replay: Houston – Oct 25-26, 2007 – Houston Marriott Westchase
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Sep 12, 2007

Add $50 for registrations received after this time

Last day for cancellation (full refund): Sep 14, 2007
Last day for cancellation (partial refund): Sep 17, 2007

$50 processing fee applied

Dallas
Last day for Standard Registration early registration: Oct 3, 2007

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 5, 2007
Last day for cancellation (partial refund): Oct 8, 2007

$50 processing fee applied

Houston
Last day for Standard Registration early registration: Oct 17, 2007

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 19, 2007
Last day for cancellation (partial refund): Oct 22, 2007

$50 processing fee applied

Venue

speaker

98 San Jacinto Boulevard
Austin, TX 78701-4082
512.685.8100 (reservations)
Map

Accommodations

$209.00 good through Aug 24, 2007

Parking Information

$7 self parking $12 valet

speaker

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

self parking: $5 (before 9 am) $8 (after 9 am)


Nearby Hotel Accommodations

speaker

1717 N. Akard St.
Dallas, TX
(214) 720-2020 (reservations)

Accommodations

$0.00 good through Sep 10, 2007

speaker

2900 Briarpark Dr.
Houston, TX
713-978-7400 (reservations)

Accommodations

$129.00 good through Oct 3, 2007

Parking Information

Free Self-Parking, Valet: $14

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