About

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

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning
    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

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

    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.
  • 9:45 am
    Austin, Dallas Only
    0.50 hr
    Legislative Update

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

    A report on new laws passed by the Texas Legislature affecting mortgage lending and the practice of real estate law.
  • 10:15 am
    Austin Only
    Break

  • 10:30 am
    Austin, Dallas Only
    0.50 hr
    Texas Assignment of Rents Act

    Julie Patterson Forrester, SMU Dedman School of Law - Dallas, TX

    A discussion of how the new Texas Assignment of Rents will change Texas law and how it will affect lenders, borrowers and tenants.
  • 11:00 am
    Austin, Dallas Only
    0.75 hr
    The Annotated Guaranty: Redux

    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

    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. 
  • 11:45 am
    Austin Only
    Break to Pick Up Lunch

    Included in conference registration fee.
  • Thursday Afternoon
    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

    Patrick C. Sargent, Andrews Kurth LLP - Dallas, TX

    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.
  • 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

    J. Cary Barton, Barton, East & Caldwell, L.L.P. - San Antonio, TX
    Sara E. Dysart, Attorney at Law - San Antonio, TX

    A discussion of real estate, financing and ethical issues that can be encountered in negotiating and administering purchase and sale agreements.
  • 2:30 pm
    Austin Only
    Break

  • 2:45 pm
    Austin, Dallas Only
    0.50 hr
    Interest Rate Swaps: Expensive Lessons Learned at Harvard University

    Michael D. Cuda, 1600 Legal, Attorneys and Counselors - Fort Worth, TX

    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.
  • 3:15 pm
    Austin, Dallas Only
    0.50 hr
    Top Ten Insurance Tips for Mortgage Lending

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

    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.
  • 3:45 pm
    Austin, Dallas Only
    0.50 hr
    Recent Developments in Receiverships

    Charles E. Fiscus, Shackelford Melton & McKinley - Dallas, TX

    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.
  • 4:15 pm
    Austin, Dallas Only
    0.50 hr
    Title Insurance, Part I: Current Developments in Coverage and Exclusions
    In Dallas only, this session will take place Friday at 11:00am

    James L. Gosdin, Stewart Title Guaranty Company - Houston, TX

    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.
  • 4:45 pm
    Austin, Dallas Only
    0.50 hr
    Title Insurance, Part II: Current Developments in Major Claims and Related Litigation
    In Dallas only, this session will take place Friday at 11:30am

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

    A discussion of the current developments in title insurance claims and litigation related to title insurance and escrow services.
  • 5:15 pm
    Austin Only
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning
    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

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

    A continuation of the Case Law Update.
  • 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

    Mark B. Knowles, Shackelford Melton & McKinley - Dallas, TX

    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.
  • 10:15 am
    Austin, Dallas Only
    0.50 hr
    Hot Topics

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

    A discussion of recent developments and hot topics in mortgage lending, including FASB changes, Assignment of Rents and much more.
  • 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
    In Dallas only, this session will take place Thursday at 4:15pm

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

    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.
  • 11:30 am
    Austin, Dallas Only
    0.50 hr
    Evolving Loan Structures, a.k.a. "Excuse Me, Haven't We Met?"
    In Dallas only, this session will take place Thursday at 4:45pm

    Niles Wesley Holmes, Niles Holmes, P.C. - Dallas, TX

    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.
  • 12:00 pm
    Break to Pick Up Lunch

    Included in conference registration fee.
  • Friday Afternoon
    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

    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

    An overview of the current state of the real estate capital markets.
  • 1:00 pm
    Break

  • 1:15 pm
    Austin, Dallas Only
    0.50 hr
    New ALTA Survey Standards

    James Richard White, Winstead PC - Dallas, TX

    A review of The 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys and its practical effects on consumers of land surveys.
  • 1:45 pm
    Austin, Dallas Only
    0.50 hr
    The Role of the UCC in the Transfer, Ownership and Enforcement of Mortgage Notes

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

    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.
  • 2:15 pm
    Austin, Dallas Only
    0.50 hr
    Loan Originator Compensation: What's Ahead and What Does It Mean for Residential Lending

    Thomas G. Overbeck, Gregg & Valby - Houston, TX

    An analysis of "Prohibited Acts and Practices in Connection with Credit Secured by a Dwelling" under Regulation Z, Section 36.
  • 2:45 pm
    Austin, Dallas Only
    0.50 hr
    Texas Mortgage Lending: Licensing and Registration

    Michael K. O'Neal, Winstead PC - Dallas, TX

    An overview of the primary statutes governing licensing and registration, including a discussion of exemptions and recent developments.
  • 3:15 pm
    Adjourn

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
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 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
Austin
Last day for Standard Registration early registration: Sep 7, 2011

Add $50 for registrations received after this time

Last day for cancellation (full refund): Sep 9, 2011
Last day for cancellation (partial refund): Sep 12, 2011

$50 processing fee applied

Dallas
Last day for Standard Registration early registration: Oct 5, 2011

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 7, 2011
Last day for cancellation (partial refund): Oct 10, 2011

$50 processing fee applied

Houston
Last day for Standard Registration early registration: Oct 26, 2011

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 28, 2011
Last day for cancellation (partial refund): Oct 31, 2011

$50 processing fee applied

Venue

speaker

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

speaker

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

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

speaker

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

Subscribe to Our Hooked on CLE Monthly Newsletter