About

Don't miss the definitive real estate finance course of the year.

Highlights include:
• David Weatherbie's definitive Case Law Update
• Practice guides - with checklists - for conventional and securitized loan workouts
• Drafting completion guaranties; and analyzing and drafting liability limitation provisions - what works and doesn't
• 'Short sales,' deeds in lieu, and other alternatives to foreclosure
• Bankruptcy issues in workouts and foreclosures
• Major RESPA changes and new mortgage suitability standards

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning
    Presiding Officers:
    In Austin: Richard L. Spencer, Houston, TX
    In Dallas: Richard L. Spencer, Houston, 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 Walker 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
    0.75 hr
    Conventional Loan Workouts
    IN DALLAS: This session has moved to 12:30 p.m.

    J. Cary Barton, Barton, East & Caldwell, L.L.P. - San Antonio, TX
    Reid Carroll Wilson, Wilson, Cribbs & Goren, P.C. - Houston, TX

    A dialogue about the perspectives of lenders and borrowers with respect to some issues that are usually encountered in a loan workout transaction. This session covers the "dance" involved between lenders and borrowers in negotiating a successful workout. Key issues include paydown/more collateral, higher interest (and a floor), and shorter extension terms.
  • 10:30 am
    Austin Only
    Break

  • 10:45 am
    Austin, Dallas Only
    0.75 hr
    Securitized Loan Workouts

    Craig Barton Anderson, DLA Piper US LLP - Dallas, TX
    Allen J. Dickey, Munsch Hardt Kopf & Harr, PC - Dallas, TX

    This session explores issues surrounding the restructuring of commercial real estate loans owned by a commercial mortgage backed securities (CMBS) trust.
  • 11:30 am
    Austin, Dallas Only
    0.75 hr
    Legislative Update

    In Austin:
    Justin V. Switzer, Haynes and Boone, LLP - Houston, TX
    In Dallas:
    Anne Newtown, Vinson & Elkins LLP - Houston, TX

    Significant bills of the 81st Texas Legislature affecting real estate, lending, and other commercial matters.
  • Thursday Afternoon
    Presiding Officers:
    In Austin: Brian C. Rider, Austin, TX
    In Dallas: Kevin M. Kerr, Dallas, TX

  • Austin Only
    LUNCHEON PRESENTATION

  • 12:15 pm
    Austin Only
    Pick up Lunch

    Included in conference registration fee.
  • 12:30 pm
    Austin, Dallas Only
    0.75 hr
    State of the Real Estate Financial Market
    IN DALLAS: This session has moved to 9:45 a.m.

    Jay C. Hartzell, Real Estate Finance and Investment Center, McCombs School of Business - Austin, TX

    This session provides an overview of the current state of the real estate capital markets. Topics include debt and equity markets, a discussion of recent activities of various capital providers, and the effects on commercial real estate.
  • 1:15 pm
    Austin Only
    Break

  • 1:30 pm
    Austin, Dallas Only
    0.50 hr
    Enforcement of Completion Guaranties

    Robert S. Ladd, Haynes and Boone, LLP - Houston, TX

    Issues in the drafting and enforcement of guaranties of completion for construction projects.
  • 2:00 pm
    Austin, Dallas Only
    0.75 hr
    Negotiating Liability Limitation Provisions for Promissory Notes and Guaranties

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

    This presentation reviews commonly used liability limitation concepts in mortgage loans, such as non-recourse provisions (with carve-out exceptions) and so-called "top percent" guaranties, and offers suggestions for negotiating the loan documents that include those concepts.
  • 2:45 pm
    Austin, Dallas Only
    0.50 hr
    Lender Remedies (Other Than Foreclosure)

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

    Extraordinary remedies for extraordinary times—receivership, injunction, garnishment, eviction and ...
  • 3:15 pm
    Austin Only
    Break

  • 3:30 pm
    Austin, Dallas Only
    0.75 hr
    0.25 hr ethics
    Foreclosure Changes 2009

    Tommy Bastian, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX

    Coverage of the Tex. R. Civ. P. 735 and 736 home equity, home equity line of credit, reverse mortgage and property tax lien foreclosure rules and recent federal and state law affecting the foreclosure process.
  • 4:15 pm
    Austin, Dallas Only
    0.50 hr
    Personal Property Foreclosures

    David P. Derber, Attorney at Law - Benbrook, TX

    This session reviews the impact of Rev. Ch. 9 on garnishment and other actions to realize on a debtor's deposit account, and presents an overview of the default and enforcement provisions in Subchapter F, Rev. Section 9.601-9.628.
  • 4:45 pm
    Austin, Dallas Only
    0.50 hr
    Acquisitions of Distressed Debt

    Ann M. Saegert, Haynes and Boone, LLP - Richardson, TX

    Whether you are buying mortgage loans to hold with the expectation of repayment, as a means of investing in the borrower, or in order to foreclose and take title to the underlying real estate, there are certain legal and business risks you need to understand and either accept or avoid through third party assurances. This presentation discusses these risks and suggests strategies for mitigating them.
  • 5:15 pm
    Austin Only
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning
    Presiding Officers:
    In Austin: Paul D. Pruitt, Fidelity National Title Group - Austin, TX
    In Dallas: Robert A. Watson, Dallas, TX
  • 8:00 am
    Conference Room Opens

    Includes continental breakfast.
  • 8:30 am
    Austin, Dallas Only
    0.75 hr
    0.25 hr ethics
    Case Law Update: Part II

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

    Continuation of the Case Law Update.
  • 9:15 am
    Austin, Dallas Only
    0.50 hr
    RESPA Big Changes

    Chris Alexander Peirson, Peirson Patterson LLP - Dallas, TX

    This presentation provides an overview of the new RESPA provisions with annotated forms to facilitate implementation.
  • 9:45 am
    Austin, Dallas Only
    0.50 hr
    0.25 hr ethics
    Where Is the Note?

    Paul D. Pruitt, Fidelity National Title Group - Austin, TX

    Review of requirement of possession of original negotiable instrument.
  • 10:15 am
    Break

  • 10:30 am
    Austin, Dallas Only
    0.50 hr
    Residential Mortgage Suitability Standards: An Idea Whose Time Has Come Or Has Come Too Far?

    John Charles Fleming, Hays & Owens L.L.P. - Austin, TX

    The residential mortgage crisis has spurred efforts by legislatures and regulatory agencies to regulate mortgage loan product offerings by mortgage loan originators, particularly mortgage brokers. This topic discusses how investment product suitability standards which originated in the securities industry are morphing into the residential mortgage loan business. The  topic also surveys federal and state developments, including legislation introduced in the 2009 legislative session.
  • 11:00 am
    Austin, Dallas Only
    0.50 hr
    "Short Sales," Deeds in Lieu, and Other Alternatives to Foreclosure

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

    Includes modifications, renewals, and extensions, as well as the new TREC form.
  • 11:30 am
    Austin, Dallas Only
    0.75 hr
    Bankruptcy Issues in Workouts and Foreclosures

    Moderator:
    Edward F. Walker, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
    Panelists:
    Gregory G. Hesse, Hunton & Williams LLP - Dallas, TX
    Panelists:
    Lynnette R. Warman, Hunton & Williams LLP - Dallas, TX

    A panel discussion among real estate and bankruptcy lawyers demonstrate the interplay between real estate, finance and bankruptcy laws in loan workouts and foreclosure scenarios in this latest downturn.
  • Friday Afternoon
    Presiding Officers:
    In Austin: Glenn Hall, Austin, TX
    In Dallas: Harriet Anne Tabb, Dallas, TX
  • LUNCHEON PRESENTATION

  • 12:15 pm
    Pick up Lunch

    Included in conference registration fee.
  • 12:30 pm
    Austin, Dallas Only
    0.75 hr
    Making Alphabet Soup in Washington: TARP, TALF, and PIPP

    Jan Sternin, Mortgage Bankers Association - Washington, DC

    An overview focused on the practical application of the programs related to the Emergency Economic Stabilization Act of 2008, and how those programs relate to the commercial lending and servicing communities.
  • 1:15 pm
    Break

  • 1:30 pm
    Austin, Dallas Only
    1.00 hr ethics
    What Would Lincoln Do?

    Billie J. Ellis Jr., Locke Lord Bissell & Liddell LLP - Dallas, TX
    Co-Author:
    William T. Ellis, Harvard Divinity School - Cambridge, MA

    Competence, diligence, and getting paid: Lincoln's lessons for today's ethical lawyer.
  • 2:30 pm
    Austin, Dallas Only
    0.50 hr
    Will There Still Be a There There After Foreclosure?

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

    A checklist of insurance issues arising prior to and during foreclosure.
  • 3:00 pm
    Austin, Dallas Only
    0.50 hr
    Proposed Title Insurance Rules Regarding Minerals Coverage

    Frederick J. Biel, Atlas & Hall, L.L.P. - McAllen, TX

    The history and status of rule changes on minerals coverage available in title insurance policies pending before the Texas Department of Insurance.
  • 3:30 pm
    Adjourn

Conference Faculty

Craig Barton Anderson

DLA Piper US LLP
Dallas, TX

J. Cary Barton

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

Tommy Bastian

Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX

Frederick J. Biel

Atlas & Hall, L.L.P.
McAllen, TX

David P. Derber

Attorney at Law
Benbrook, TX

Allen J. Dickey

Munsch Hardt Kopf & Harr, PC
Dallas, TX

Sara Eileen Dysart

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

Billie J. Ellis Jr.

Locke Lord Bissell & Liddell LLP
Dallas, TX

William T. Ellis

Harvard Divinity School
Cambridge, MA

John Charles Fleming

Hays & Owens L.L.P.
Austin, TX

Jay C. Hartzell

Real Estate Finance and Investment Center, McCombs School of Business
Austin, TX

Gregory G. Hesse

Hunton & Williams LLP
Dallas, TX

Aaron Johnston Jr.

Munsch Hardt Kopf & Harr, PC
Dallas, TX

Robert S. Ladd

Haynes and Boone, LLP
Houston, TX

Anne Newtown

Vinson & Elkins LLP
Houston, TX

Chris Alexander Peirson

Peirson Patterson LLP
Dallas, TX

Paul D. Pruitt

Fidelity National Title Group
Austin, TX

Ann M. Saegert

Haynes and Boone, LLP
Richardson, TX

Jan Sternin

Mortgage Bankers Association
Washington, DC

Justin V. Switzer

Haynes and Boone, LLP
Houston, TX

Edward F. Walker

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

James H. Wallenstein

Hunton & Williams LLP
Dallas, TX

Lynnette R. Warman

Hunton & Williams LLP
Dallas, TX

David A. Weatherbie

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

Thomas M. Whelan

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

Reid Carroll Wilson

Wilson, Cribbs & Goren, P.C.
Houston, TX

Planning Committee

Richard L. Spencer—Chair

Houston, TX

J. Cary Barton

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

Paula L. Beasley

Scheef & Stone LLP
Dallas, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Glenn Hall

Austin, TX

Jay C. Hartzell

Real Estate Finance and Investment Center, McCombs School of Business
Austin, TX

Aaron Johnston Jr.

Munsch Hardt Kopf & Harr, PC
Dallas, TX

Kevin M. Kerr

Dallas, TX

Robert S. Ladd

Haynes and Boone, LLP
Houston, TX

Mark McPherson

McPherson & Associates PC
Dallas, TX

Chris Alexander Peirson

Peirson Patterson LLP
Dallas, TX

Paul D. Pruitt

Fidelity National Title Group
Austin, TX

Brian C. Rider

Austin, TX

Harriet Anne Tabb

Dallas, TX

Jonathan Thalheimer

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

Edward F. Walker

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

David A. Weatherbie

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

Philip D. Weller

DLA Piper US LLP
Dallas, TX

Reid Carroll Wilson

Wilson, Cribbs & Goren, P.C.
Houston, TX

Douglas A. Yeager

Locke Lord Bissell & Liddell LLP
Houston, 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.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
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.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
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.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
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 24-25, 2009 – Four Seasons Hotel
Conference Concluded
Dallas – Oct 8-9, 2009 – Belo Mansion
Conference Concluded
Video Replay: Houston – Nov 12-13, 2009 – Norris Conference Center - CityCentre
Conference Concluded
Buy
Austin
Last day for Standard Registration early registration: Sep 16, 2009

Add $50 for registrations received after this time

Last day for cancellation (full refund): Sep 18, 2009
Last day for cancellation (partial refund): Sep 21, 2009

$50 processing fee applied

Dallas
Last day for Standard Registration early registration: Sep 30, 2009

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 2, 2009
Last day for cancellation (partial refund): Oct 5, 2009

$50 processing fee applied

Houston
Last day for Standard Registration early registration: Nov 4, 2009

Add $50 for registrations received after this time

Last day for cancellation (full refund): Nov 6, 2009
Last day for cancellation (partial refund): Nov 9, 2009

$50 processing fee applied

Venue

speaker

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

Accommodations

$235.00 good through Aug 31, 2009

Parking Information

Valet: Day $13; $7 Self-Parking available in parking garage across from hotel

speaker

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

Self: $5 before 9:00 am; $8 after 9:00 am


Nearby Hotel Accommodations

speaker

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

Accommodations

$109.00 good through Sep 7, 2009

Parking Information

Contact hotel directly for rate.

speaker

816 Town and Country Blvd. Suite 210
Houston, TX 77024
713.590.0950
Map

Parking Information

Free


Nearby Hotel Accommodations

Accommodations

$0.00 good through Nov 9, 2009

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