Artwork Details

45^th Annual

Mortgage Lending Institute

Austin Sep 15-16, 2011 Four Seasons Hotel
Conference Concluded

Dallas Oct 13-14, 2011 Belo Mansion
Conference Concluded

Video Replay: Houston Nov 3-4, 2011 Norris Conference Center - CityCentre
Conference Concluded

Buy

Related products: Materials

Download Brochure (PDF)

Overview

The 2011 Institute—the definitive real estate finance course of the year—continues the tradition of David Weatherbie's two-part, definitive Case Law Update, and also includes:

   • a mix of legislative and case law developments
   • state-of-the-art practice tips involving loan arrangements
   • new CMBS securitization structures
   • title insurance—coverage, claims and litigation
   • loan opinions and survey standards, and more.
   • Cary Barton with Scar Tissue Often Beats Brains: Lessons Learned from Busted (or Almost Busted)
     Sale Contracts
   • Brian Rider and Richard Spencer's Hot Topics panel.

New in 2011: Mortgage Lending is offered in conjunction with the 2011 Bernard O. Dow Leasing Institute. Come a day early - in Austin or Dallas - for the perfect three-day real estate, finance and leasing offering.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Day 1
Day 2

Time

Credit

Subject

Speaker
Thursday Morning, Sep. 15, 2011
Presiding Officers:
In Austin: David W. Tomek, David Tomek PLLC - Dallas, TX
In Dallas: David W. Tomek, David Tomek PLLC - 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

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.

David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
9:45 am
Austin, Dallas Only

0.50 hr

Legislative Update

A report on new laws passed by the Texas Legislature affecting mortgage lending and the practice of real estate law.

In Austin:
Justin V. Switzer, Haynes and Boone, LLP - Houston, TX
In Dallas:
Jill A. Kotvis, Jill A. Kotvis, P.C. - Dallas, TX
10:15 am
Austin Only

Break
10:30 am
Austin, Dallas Only

0.50 hr

Texas Assignment of Rents Act

A discussion of how the new Texas Assignment of Rents will change Texas law and how it will affect lenders, borrowers and tenants.

Julie Patterson Forrester, SMU Dedman School of Law - Dallas, TX
11:00 am
Austin, Dallas Only

0.75 hr

The Annotated Guaranty: Redux

Discussion and analysis of a comprehensive form of Guaranty with updated, detailed annotations drawing upon statutory law, case law, practical observations and drafting concepts for use by practitioners and their clients in a commercial real estate practice.

In Austin:
Lorin Williams Combs, Winstead PC - Dallas, TX
Edward A. Peterson, Winstead PC - Dallas, TX
In Dallas:
Jeffrey Warren Matthews, Winstead PC - Dallas, TX
John M. Nolan, Winstead PC - Dallas, TX
11:45 am
Austin Only

Break to Pick Up Lunch

Included in conference registration fee.
Thursday Afternoon, Sep. 15, 2011
Presiding Officers:
In Austin: Richard L. Spencer, Johnson Deluca Kurisky & Gould, P.C. - Houston, TX
In Dallas: Thomas M. Whelan, McGuire, Craddock & Strother P.C. - Dallas, TX
12:00 pm
Austin, Dallas Only

0.75 hr ethics

10-Plus Rules of Ethical Decision Making

Michael P. Maslanka, Constangy, Brooks & Smith, LLP - Dallas, TX
12:45 pm
Austin Only

Break
1:00 pm
Austin, Dallas Only

0.75 hr
0.25 hr ethics

Commercial Real Estate Loans for Securitization under CMBS 2.0

An update on the Dodd-Frank Act and related regulatory actions, including the Notice of Proposed Rulemaking for Credit Risk Retention, the impact of new regulations on lending and capital market execution for lenders, CREFC Model Representations and Warranties for loan sellers/originators, and how lending in CMBS 2.0 differs from 1.0. The session also includes a discussion of SPE borrower structures, subordinate and mezzanine debt, non-recourse carveout guarantees, and current underwriting issues for loans intended for securitization.

Patrick C. Sargent, Andrews Kurth LLP - Dallas, TX
1:45 pm
Austin, Dallas Only

0.75 hr
0.25 hr ethics

Scar Tissue Often Beats Brains: Lessons Learned from Busted (or Almost Busted) Sale Contracts

A discussion of real estate, financing and ethical issues that can be encountered in negotiating and administering purchase and sale agreements.

J. Cary Barton, Barton, East & Caldwell, L.L.P. - San Antonio, TX
Sara E. Dysart, Attorney at Law - San Antonio, TX
2:30 pm
Austin Only

Break
2:45 pm
Austin, Dallas Only

0.50 hr

Interest Rate Swaps: Expensive Lessons Learned at Harvard University

A discussion of the basic mechanics of interest rate swaps as seen through the (unbelieving) eyes of Harvard University in a real-life case study that cost them almost $1 billion to unwind hedges supporting their construction program.

Michael D. Cuda, 1600 Legal, Attorneys and Counselors - Fort Worth, TX
3:15 pm
Austin, Dallas Only

0.50 hr

Top Ten Insurance Tips for Mortgage Lending

Do you know the top ten insurance issues that arise in mortgage lending? This presentation explains—in plain English—the pitfalls, and guides you through the problem areas associated with insurance.

In Austin:
William H. Locke Jr., Graves Dougherty Hearon & Moody, PC - Austin, TX
In Dallas:
Marilyn C. Maloney, Liskow & Lewis - Houston, TX
3:45 pm
Austin, Dallas Only

0.50 hr

Recent Developments in Receiverships

Over the past few years, drastic twists in economic conditions have created new interest in receiverships as a lender tool of loan recovery. Lenders and borrowers have both developed new strategies for action and advocacy in state and federal courts. This presentation examines cases and statutes of interest to both lenders and borrowers.

Charles E. Fiscus, Shackelford Melton & McKinley - Dallas, TX
4:15 pm
Austin, Dallas Only

0.50 hr

Title Insurance, Part I: Current Developments in Coverage and Exclusions

An overview of recent changes in forms and rules, including endorsements, rates and settlement practices, applicable new legislation, and the current state of available coverage.

In Dallas only, this session will take place Friday at 11:00am

James L. Gosdin, Stewart Title Guaranty Company - Houston, TX
4:45 pm
Austin, Dallas Only

0.50 hr

Title Insurance, Part II: Current Developments in Major Claims and Related Litigation

A discussion of the current developments in title insurance claims and litigation related to title insurance and escrow services.

In Dallas only, this session will take place Friday at 11:30am

Paul D. Pruitt, Fidelity National Title Group - Austin, TX
5:15 pm
Austin Only

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Sep. 16, 2011
Presiding Officers:
In Austin: Brian C. Rider, The University of Texas School of Law - Austin, TX
8:00 am

Conference Room Opens

Includes continental breakfast.
9:00 am
Austin, Dallas Only

0.75 hr
0.25 hr ethics

Case Law Update, Part II

A continuation of the Case Law Update.

David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
9:45 am
Austin, Dallas Only

0.50 hr
0.25 hr ethics

Developments in Mortgage Loan Opinions including the Annotated Real Estate Finance Opinion Report

A review of the working report of the Annotated Real Estate Finance Opinion prepared by the opinion committees of the ABA Section of Real Property, Trust and Estate Law, ACREL and the ACMA, and current developments with respect to mortgage finance opinions.

Mark B. Knowles, Shackelford Melton & McKinley - Dallas, TX
10:15 am
Austin, Dallas Only

0.50 hr

Hot Topics

A discussion of recent developments and hot topics in mortgage lending, including FASB changes, Assignment of Rents and much more.

Brian C. Rider, The University of Texas School of Law - Austin, TX
Richard L. Spencer, Johnson Deluca Kurisky & Gould, P.C. - Houston, TX
10:45 am

Break
11:00 am
Austin, Dallas Only

0.50 hr

Vapor Intrusion and How It Is Impacting Loan Documents, Liability Risks and Remediation Obligations

Vapor intrusion into indoor air as a potential pathway for soil and groundwater contamination is beginning to raise concerns in the real estate and financial industries about public health risks, remediation costs and potential liability during property transactions. This discussion provides an update on vapor intrusion and how it is impacting financing decisions, loan documents, real estate contracts, Phase I Environmental Assessments, and liability, risks and remediation obligations in transactions.

In Dallas only, this session will take place Thursday at 4:15pm

Jill A. Kotvis, Jill A. Kotvis, P.C. - Dallas, TX
11:30 am
Austin, Dallas Only

0.50 hr

Evolving Loan Structures, a.k.a. "Excuse Me, Haven't We Met?"

A review of current developments in loan structures of commercial real estate lending, including a compare/contrast with what they looked like before the latest workout cycle.

In Dallas only, this session will take place Thursday at 4:45pm

Niles Wesley Holmes, Niles Holmes, P.C. - Dallas, TX
12:00 pm

Break to Pick Up Lunch

Included in conference registration fee.
Friday Afternoon, Sep. 16, 2011
Presiding Officers:
In Austin: Janna R. Melton, Attorney at Law - Austin, TX
In Dallas: Chris Alexander Peirson, Peirson Patterson LLP - Dallas, TX
Luncheon Presentation
12:15 pm
Austin, Dallas Only

0.75 hr

State of the Real Estate Market

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

In Austin:
Greg F. Hallman, The University of Texas McCombs School of Business - Austin, TX
In Dallas:
Joseph D. Cahoon, The University of Texas McCombs School of Business, Real Estate Finance and Investment Center - Austin, TX
1:00 pm

Break
1:15 pm
Austin, Dallas Only

0.50 hr

New ALTA Survey Standards

A review of The 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys and its practical effects on consumers of land surveys.

James Richard White, Winstead PC - Dallas, TX
1:45 pm
Austin, Dallas Only

0.50 hr

The Role of the UCC in the Transfer, Ownership and Enforcement of Mortgage Notes

This presentation furthers the understanding of the Uniform Commercial Code's statutory background by identifying and exploring several key rules in the UCC that govern the transfer and enforcement of notes secured by a mortgage on real property.

David P. Derber, Attorney at Law - Benbrook, TX
2:15 pm
Austin, Dallas Only

0.50 hr

Loan Originator Compensation: What's Ahead and What Does It Mean for Residential Lending

An analysis of "Prohibited Acts and Practices in Connection with Credit Secured by a Dwelling" under Regulation Z, Section 36.

Thomas G. Overbeck, Gregg & Valby - Houston, TX
2:45 pm
Austin, Dallas Only

0.50 hr

Texas Mortgage Lending: Licensing and Registration

An overview of the primary statutes governing licensing and registration, including a discussion of exemptions and recent developments.

Michael K. O'Neal, Winstead PC - Dallas, TX
3:15 pm

Adjourn

Day 1 September 15, 2011
Day 2 September 16, 2011

Download Schedule

Conference Faculty

J. Cary Barton

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

Joseph D. Cahoon

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

Lorin Williams Combs

Winstead PC
Dallas, TX

Michael D. Cuda

1600 Legal, Attorneys and Counselors
Fort Worth, TX

David P. Derber

Attorney at Law
Benbrook, TX

Sara E. Dysart

Attorney at Law
San Antonio, TX

Charles E. Fiscus

Shackelford Melton & McKinley
Dallas, TX

Julie Patterson Forrester

SMU Dedman School of Law
Dallas, TX

James L. Gosdin

Stewart Title Guaranty Company
Houston, TX

Greg F. Hallman

The University of Texas McCombs School of Business
Austin, TX

Niles Wesley Holmes

Niles Holmes, P.C.
Dallas, TX

Mark B. Knowles

Shackelford Melton & McKinley
Dallas, TX

Jill A. Kotvis

Jill A. Kotvis, P.C.
Dallas, TX

William H. Locke Jr.

Graves Dougherty Hearon & Moody, PC
Austin, TX

Marilyn C. Maloney

Liskow & Lewis
Houston, TX

Michael P. Maslanka

Constangy, Brooks & Smith, LLP
Dallas, TX

Jeffrey Warren Matthews

Winstead PC
Dallas, TX

John M. Nolan

Winstead PC
Dallas, TX

Michael K. O'Neal

Winstead PC
Dallas, TX

Thomas G. Overbeck

Gregg & Valby
Houston, TX

Edward A. Peterson

Winstead PC
Dallas, TX

Paul D. Pruitt

Fidelity National Title Group
Austin, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Patrick C. Sargent

Andrews Kurth LLP
Dallas, TX

Richard L. Spencer

Johnson Deluca Kurisky & Gould, P.C.
Houston, TX

Justin V. Switzer

Haynes and Boone, LLP
Houston, TX

David A. Weatherbie

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

James Richard White

Winstead PC
Dallas, TX

Planning Committee

David W. Tomek—Chair

David Tomek PLLC
Dallas, TX

J. Cary Barton

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

Sara E. Dysart

Attorney at Law
San Antonio, TX

Michael J. Esposito

University of Texas School of Law
Austin, TX

Charles E. Fiscus

Shackelford Melton & McKinley
Dallas, TX

James L. Gosdin

Stewart Title Guaranty Company
Houston, TX

Niles Wesley Holmes

Niles Holmes, P.C.
Dallas, TX

Marilyn C. Maloney

Liskow & Lewis
Houston, TX

Mark McPherson

McPherson LawFirm, PC
Dallas, TX

Janna R. Melton

Attorney at Law
Austin, TX

Kent Newsome

Greenberg Traurig, LLP
Houston, TX

John M. Nolan

Winstead PC
Dallas, TX

Michael K. O'Neal

Winstead PC
Dallas, TX

Thomas G. Overbeck

Gregg & Valby
Houston, TX

Chris Alexander Peirson

Peirson Patterson LLP
Dallas, TX

Paul D. Pruitt

Fidelity National Title Group
Austin, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Richard L. Spencer

Johnson Deluca Kurisky & Gould, P.C.
Houston, TX

David A. Weatherbie

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

Philip D. Weller

DLA Piper US LLP
Dallas, TX

Thomas M. Whelan

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

Reid C. Wilson

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

Credit Info

MCLE Credit

Texas – 12.75 hrs | 2.00 hrs Ethics
Legal Specialization(s): Real Estate Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 12.75 hrs | 2.00 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Other Credit

TX Accounting CPE – 15.00 hrs

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 are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

TX Insurance – 0.00 hr

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

TX Real Estate Commission (TREC) – 0.00 hr

To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

MCLE Credit

Texas – 12.75 hrs | 2.00 hrs Ethics
Legal Specialization(s): Real Estate Law

California – 12.75 hrs | 2.00 hrs Ethics

Other Credit

TX Accounting CPE – 15.00 hrs

TX Insurance – 0.00 hr

TX Real Estate Commission (TREC) – 0.00 hr

MCLE Credit

Texas – 12.75 hrs | 2.00 hrs Ethics
Legal Specialization(s): Real Estate Law

California – 12.75 hrs | 2.00 hrs Ethics

Other Credit

TX Accounting CPE – 15.00 hrs

TX Insurance – 0.00 hr

TX Real Estate Commission (TREC) – 0.00 hr

Key Dates

Austin – Sep 15-16, 2011 – Four Seasons Hotel

Conference Concluded

Dallas – Oct 13-14, 2011 – Belo Mansion

Conference Concluded

Video Replay: Houston – Nov 3-4, 2011 – Norris Conference Center - CityCentre

Conference Concluded

Buy

Standard Registration
Last day for $535.00 Regular pricing: Sep 7, 2011

$585.00 for registrations received after this time

Last day for cancellation (full refund): Sep 9, 2011

$50 processing fee applied after this date

Last day for cancellation: Sep 12, 2011

Standard Registration
Last day for $535.00 Regular pricing: Oct 5, 2011

$585.00 for registrations received after this time

Last day for cancellation (full refund): Oct 7, 2011

$50 processing fee applied after this date

Last day for cancellation: Oct 10, 2011

Standard Registration
Last day for $435.00 Regular pricing: Oct 26, 2011

$485.00 for registrations received after this time

Last day for cancellation (full refund): Oct 28, 2011

$50 processing fee applied after this date

Last day for cancellation: Oct 31, 2011

Venue

Four Seasons Hotel

98 San Jacinto Boulevard
Austin, TX 78701-4082
512-478-4500 (reservations)
Map

Accommodations

$239.00 good through Aug 22, 2011

Parking Information

$12 Valet per day, $30.30 Overnight Valet, $10 Self-parking per day

Belo Mansion

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

$4 day for Dallas Bar Members, $10 day for Non-Dallas Bar members

Norris Conference Center - CityCentre

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

Parking Information

Complimentary Self-Parking, Valet $22 per day

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

45th Annual

Mortgage Lending Institute

Austin Sep 15-16, 2011 Four Seasons Hotel Conference Concluded

Dallas Oct 13-14, 2011 Belo Mansion Conference Concluded

Video Replay: Houston Nov 3-4, 2011 Norris Conference Center - CityCentre Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Sep. 15, 2011

Thursday Afternoon, Sep. 15, 2011

Friday Morning, Sep. 16, 2011

Friday Afternoon, Sep. 16, 2011

Conference Faculty

J. Cary Barton

Joseph D. Cahoon

Lorin Williams Combs

Michael D. Cuda

David P. Derber

Sara E. Dysart

Charles E. Fiscus

Julie Patterson Forrester

James L. Gosdin

Greg F. Hallman

Niles Wesley Holmes

Mark B. Knowles

Jill A. Kotvis

William H. Locke Jr.

Marilyn C. Maloney

Michael P. Maslanka

Jeffrey Warren Matthews

John M. Nolan

Michael K. O'Neal

Thomas G. Overbeck

Edward A. Peterson

Paul D. Pruitt

Brian C. Rider

Patrick C. Sargent

Richard L. Spencer

Justin V. Switzer

David A. Weatherbie

James Richard White

Planning Committee

David W. Tomek—Chair

J. Cary Barton

Sara E. Dysart

Michael J. Esposito

Charles E. Fiscus

James L. Gosdin

Niles Wesley Holmes

Marilyn C. Maloney

Mark McPherson

Janna R. Melton

Kent Newsome

John M. Nolan

Michael K. O'Neal

Thomas G. Overbeck

Chris Alexander Peirson

Paul D. Pruitt

Brian C. Rider

Richard L. Spencer

David A. Weatherbie

Philip D. Weller

Thomas M. Whelan

Reid C. Wilson

Credit Info

MCLE Credit

Other Credit

MCLE Credit

Other Credit

MCLE Credit

Other Credit

Key Dates

Venue

Four Seasons Hotel

Accommodations

Parking Information

Belo Mansion

Parking Information

Norris Conference Center - CityCentre

45^th Annual

Austin Sep 15-16, 2011 Four Seasons Hotel
Conference Concluded

Dallas Oct 13-14, 2011 Belo Mansion
Conference Concluded

Video Replay: Houston Nov 3-4, 2011 Norris Conference Center - CityCentre
Conference Concluded