46^th Annual

Mortgage Lending Institute

Dallas Oct 4-5, 2012 Belo Mansion
Conference Concluded

Austin Oct 25-26, 2012 Four Seasons Hotel
Conference Concluded

Video Replay: Houston Nov 29-30, 2012 Norris Conference Center - CityCentre
Conference Concluded

Buy

Related products: Materials

Download Brochure (PDF)

Overview

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

Jim Wallenstein on Negotiating Non-Recourse Carve-Outs in Light of Recent Court Decisions

The new world of mortgage lending regulation

Electronic Contracting: Doing a Deal Deliberately (or Inadvertently) by Email

Professional duties under law of agency for lawyers and brokers

Brian Rider and Rick Spencer's Hot Topics panel

Mortgage Lending is offered in conjunction with the 2012 Bernard O. Dow Leasing Institute. Come a day early – in Dallas and Austin – for the ultimate 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, Oct. 4, 2012
Presiding Officers:
In Dallas: David W. Tomek, David Tomek PLLC - Dallas, TX
In Austin: David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
8:00 am

Registration Opens

Includes continental breakfast.
8:50 am

Welcoming Remarks
9:00 am

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.

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

0.50 hr

What We Really Meant to Say

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

In Dallas:
Lorin Williams Combs, Winstead PC - Dallas, TX
Jeffrey Warren Matthews, Winstead PC - Dallas, TX
In Austin:
Lorin Williams Combs, Winstead PC - Dallas, TX
Jeffrey Warren Matthews, Winstead PC - Dallas, TX
10:15 am
Dallas Only

Break
10:30 am

0.75 hr

Negotiating Non-Recourse Carve-Outs in Light of Recent Court Decisions

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

In Dallas:
James H. Wallenstein, Glast, Phillips & Murray - Dallas, TX
In Austin:
James H. Wallenstein, Glast, Phillips & Murray - Dallas, TX
11:15 am

0.75 hr ethics

Professional Duties under Law of Agency: A Comparison of Duties for Lawyers and Brokers

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

In Dallas:
Rick M. Albers, Kuperman, Orr & Albers, P.C. - Austin, TX
Michael Brian Johnson, Thompson, Coe, Cousins & Irons, LLP - Austin, TX
In Austin:
Rick M. Albers, Kuperman, Orr & Albers, P.C. - Austin, TX
Michael Brian Johnson, Thompson, Coe, Cousins & Irons, LLP - Austin, TX
12:00 pm
Dallas Only

Break for Lunch

DALLAS: Networking Lunch at Belo Mansion
AUSTIN: Lunch on Your Own
Thursday Afternoon, Oct. 4, 2012
Presiding Officers:
In Dallas: Philip D. Weller, DLA Piper US LLP - Dallas, TX
In Austin: Janna R. Melton, Attorney at Law - Austin, TX
1:15 pm

0.75 hr

Alternative Dispositions of Troubled Loans from the Loan Servicer Perspective

A review of alternatives servicers utilize in dealing with troubled loans including modifications, discounted payoffs, foreclosures, note sales, deeds-in-lieu and other resolutions. Learn how these alternative resolution strategies are evaluated and analyzed by the loan servicer, with an analysis of legal issues bearing upon the same.

In Dallas:
Kyle B. Beaty, Winstead PC - Dallas, TX
In Austin:
Kyle B. Beaty, Winstead PC - Dallas, TX
2:00 pm

0.50 hr

The Loan Sale: Lessons from the Battlefield

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

In Dallas:
Courtney Davis Bristow, Winstead PC - Dallas, TX
In Austin:
Courtney Davis Bristow, Winstead PC - Dallas, TX
2:30 pm

0.50 hr

After the Foreclosure: Issues Faced by the Buyer

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

In Dallas:
Sara E. Dysart, Attorney at Law - San Antonio, TX
In Austin:
Sara E. Dysart, Attorney at Law - San Antonio, TX
3:00 pm
Dallas Only

Break
3:15 pm

0.50 hr

Protecting the Lender on the Sale of REO

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

In Dallas:
Kathryn E. Allen, Graves Dougherty Hearon & Moody - Austin, TX
D. Michael Baucum, Baucum Steed Barker - San Antonio, TX
In Austin:
Kathryn E. Allen, Graves Dougherty Hearon & Moody - Austin, TX
D. Michael Baucum, Baucum Steed Barker - San Antonio, TX
3:45 pm

0.50 hr

Electronic Contracting: Doing a Deal Deliberately (or Inadvertently) by Email

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

In Dallas:
Kevin M. Kerr, Attorney at Law - Dallas, TX
Matthew Meguire Sanderson, Looper Reed & McGraw, P.C. - Dallas, TX
In Austin:
Kevin M. Kerr, Attorney at Law - Dallas, TX
Matthew Meguire Sanderson, Looper Reed & McGraw, P.C. - Dallas, TX
4:15 pm

0.50 hr

Changes and Challenges under CMBS 3.0

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

In Dallas:
Patrick C. Sargent, Andrews Kurth LLP - Dallas, TX
In Austin:
Patrick C. Sargent, Andrews Kurth LLP - Dallas, TX
4:45 pm

0.50 hr

Financial Covenants for Commercial Real Estate Lending Transactions

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

In Dallas:
Niles Wesley Holmes, Niles Holmes, P.C. - Dallas, TX
In Austin:
Niles Wesley Holmes, Niles Holmes, P.C. - Dallas, TX
5:15 pm
Dallas Only

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Oct. 5, 2012
Presiding Officers:
In Dallas: Brian C. Rider, The University of Texas School of Law - Austin, TX
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

0.75 hr
0.25 hr ethics

Case Law Update, Part II

A continuation of the Case Law Update.

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

0.67 hr

Sample Debt and Equity Terms for Multi-Family Financing

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

In Dallas:
J. Cary Barton, Barton, East & Caldwell, P.L.L.C. - San Antonio, TX
In Austin:
J. Cary Barton, Barton, East & Caldwell, P.L.L.C. - San Antonio, TX
10:25 am

Break
10:40 am

0.50 hr

Old as Dirt Meets Jedi Knights: Mutual-Assured Destruction, a Clear Winner, or Both?

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

In Dallas:
Keith H. Mullen, Winstead PC - Dallas, TX
In Austin:
Keith H. Mullen, Winstead PC - Dallas, TX
11:10 am

0.50 hr

The New World of Mortgage Regulation: A Look Back, a Look Around and a Look Forward

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

In Dallas:
Barry D. Johnson, SettlePou - Dallas, TX
In Austin:
Barry D. Johnson, SettlePou - Dallas, TX
11:40 am

0.75 hr

What Do the Attorney General's and OCC Settlements Mean for Law Firms, Lenders, Mortgage Bankers and Servicers?

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

In Dallas:
Tommy Bastian, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX
Chris Alexander Peirson, Attorney at Law - Dallas, TX
In Austin:
Tommy Bastian, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX
Chris Alexander Peirson, Attorney at Law - Dallas, TX
12:25 pm

Break for Buffet Lunch

Included in conference registration fee.
Friday Afternoon, Oct. 5, 2012
Presiding Officers:
In Dallas: Brian C. Rider, The University of Texas School of Law - Austin, TX
In Austin: Brian C. Rider, The University of Texas School of Law - Austin, TX
Luncheon Presentation
12:45 pm

0.75 hr

State of the Real Estate Market

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

In Dallas:
Joseph D. Cahoon, The University of Texas McCombs School of Business Real Estate Finance and Investment Center - Austin, TX
In Austin:
Jay C. Hartzell, The University of Texas McCombs School of Business Real Estate Finance and Investment Center - Austin, TX
1:30 pm

Break
1:45 pm

0.75 hr

Hot Topics

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

In Dallas:
Brian C. Rider, The University of Texas School of Law - Austin, TX
Richard L. Spencer, Johnson Deluca Kurisky & Gould, P.C. - Houston, TX
In Austin:
Brian C. Rider, The University of Texas School of Law - Austin, TX
Richard L. Spencer, Johnson Deluca Kurisky & Gould, P.C. - Houston, TX
2:30 pm

0.75 hr

Dealing with Severed Mineral Interests: The Horses Are out of the Barn—Corral Them, Ride Them, or Be Trampled by Them?

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

In Dallas:
Terry I. Cross, McClure & Cross LLP - Dallas, TX
In Austin:
Terry I. Cross, McClure & Cross LLP - Dallas, TX
3:15 pm

0.75 hr ethics

Ethics of Negotiation: Are There Any?

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

In Dallas:
Michael J. Golden, Boulette & Golden L.L.P. - Austin, TX
In Austin:
Jason Boulette, Boulette & Golden L.L.P. - Austin, TX
4:00 pm

Adjourn
Supplemental Materials

Day 1 October 4, 2012
Day 2 October 5, 2012

Download Schedule

Conference Faculty

Rick M. Albers

Kuperman, Orr & Albers, P.C.
Austin, TX

Kathryn E. Allen

Graves Dougherty Hearon & Moody
Austin, TX

J. Cary Barton

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

Tommy Bastian

Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX

D. Michael Baucum

Baucum Steed Barker
San Antonio, TX

Kyle B. Beaty

Winstead PC
Dallas, TX

Jason Boulette

Boulette & Golden L.L.P.
Austin, TX

Courtney Davis Bristow

Winstead PC
Dallas, 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

Terry I. Cross

McClure & Cross LLP
Dallas, TX

Sara E. Dysart

Attorney at Law
San Antonio, TX

Michael J. Golden

Boulette & Golden L.L.P.
Austin, TX

Jay C. Hartzell

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

Niles Wesley Holmes

Niles Holmes, P.C.
Dallas, TX

Barry D. Johnson

SettlePou
Dallas, TX

Michael Brian Johnson

Thompson, Coe, Cousins & Irons, LLP
Austin, TX

Kevin M. Kerr

Attorney at Law
Dallas, TX

Jeffrey Warren Matthews

Winstead PC
Dallas, TX

Keith H. Mullen

Winstead PC
Dallas, TX

Chris Alexander Peirson

Attorney at Law
Dallas, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Matthew Meguire Sanderson

Looper Reed & McGraw, P.C.
Dallas, TX

Patrick C. Sargent

Andrews Kurth LLP
Dallas, TX

Richard L. Spencer

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

James H. Wallenstein

Glast, Phillips & Murray
Dallas, TX

David A. Weatherbie

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

Planning Committee

Brian C. Rider—Chair

The University of Texas School of Law
Austin, TX

J. Cary Barton

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

Tommy Bastian

Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX

Martha Harris

Thompson & Knight LLP
Dallas, 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

John M. Nolan

Winstead PC
Dallas, TX

Chris Alexander Peirson

Attorney at Law
Dallas, TX

Ann M. Saegert

Haynes and Boone, LLP
Dallas, TX

Jane Snoddy Smith

Fulbright & Jaworski L.L.P.
Austin, TX

Richard L. Spencer

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

Jonathan Thalheimer

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

David W. Tomek

David Tomek PLLC
Dallas, TX

Michelle M. Turner

The University of Texas School of Law
Austin, 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

Credit Info

MCLE Credit

Texas – 12.75 hrs | 2.00 hrs Ethics
Legal Specialization(s): Consumer and Commercial Law, 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 Appraiser (ACE) – 12.75 hrs

UT Law CLE will report your ACE credits to TALCB within 10 days of the conference, using the activity code listed. For more information, visit: https://www.talcb.texas.gov/

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) – 9.00 hrs

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): Consumer and Commercial Law, Real Estate Law

California – 12.75 hrs | 2.00 hrs Ethics

Other Credit

TX Accounting CPE – 15.00 hrs

TX Appraiser (ACE) – 12.75 hrs

UT Law CLE will report your ACE credits to TALCB within 10 days of the conference, using the activity code listed. For more information, visit: https://www.talcb.texas.gov/

TX Insurance – 0.00 hr

TX Real Estate Commission (TREC) – 9.00 hrs

MCLE Credit

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

California – 12.75 hrs | 2.00 hrs Ethics

Other Credit

TX Accounting CPE – 15.00 hrs

TX Appraiser (ACE) – 12.75 hrs

UT Law CLE will report your ACE credits to TALCB within 10 days of the conference, using the activity code listed. For more information, visit: https://www.talcb.texas.gov/

TX Insurance – 0.00 hr

TX Real Estate Commission (TREC) – 9.00 hrs

Key Dates

Dallas – Oct 4-5, 2012 – Belo Mansion

Conference Concluded

Austin – Oct 25-26, 2012 – Four Seasons Hotel

Conference Concluded

Video Replay: Houston – Nov 29-30, 2012 – Norris Conference Center - CityCentre

Conference Concluded

Buy

Standard Registration
Last day for $535.00 Regular pricing: Sep 28, 2012

$585.00 for registrations received after this time

Last day for cancellation (full refund): Sep 28, 2012

$50 processing fee applied after this date

Last day for cancellation: Oct 1, 2012

Standard Registration
Last day for $535.00 Regular pricing: Oct 17, 2012

$585.00 for registrations received after this time

Last day for cancellation (full refund): Oct 19, 2012

$50 processing fee applied after this date

Last day for cancellation: Oct 22, 2012

Standard Registration
Last day for $435.00 Regular pricing: Nov 19, 2012

$485.00 for registrations received after this time

Last day for cancellation (full refund): Nov 21, 2012

$50 processing fee applied after this date

Last day for cancellation: Nov 26, 2012

Venue

Belo Mansion

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

$4 per day for Dallas Bar Members; $10 per day for Non-Dallas Bar members (subject to availability)

Four Seasons Hotel

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

Accommodations

$245.00 good through Sep 23, 2012

Parking Information

Valet parking for $16 during the day of the event and $32.50 for overnight use. Limited self-parking is available for $12 during the day of the event.

Norris Conference Center - CityCentre

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

Parking Information

Complimentary self-parking

Our Sponsors

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

46th Annual

Mortgage Lending Institute

Dallas Oct 4-5, 2012 Belo Mansion Conference Concluded

Austin Oct 25-26, 2012 Four Seasons Hotel Conference Concluded

Video Replay: Houston Nov 29-30, 2012 Norris Conference Center - CityCentre Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Oct. 4, 2012

Thursday Afternoon, Oct. 4, 2012

Friday Morning, Oct. 5, 2012

Friday Afternoon, Oct. 5, 2012

Conference Faculty

Rick M. Albers

Kathryn E. Allen

J. Cary Barton

Tommy Bastian

D. Michael Baucum

Kyle B. Beaty

Jason Boulette

Courtney Davis Bristow

Joseph D. Cahoon

Lorin Williams Combs

Terry I. Cross

Sara E. Dysart

Michael J. Golden

Jay C. Hartzell

Niles Wesley Holmes

Barry D. Johnson

Michael Brian Johnson

Kevin M. Kerr

Jeffrey Warren Matthews

Keith H. Mullen

Chris Alexander Peirson

Brian C. Rider

Matthew Meguire Sanderson

Patrick C. Sargent

Richard L. Spencer

James H. Wallenstein

David A. Weatherbie

Planning Committee

Brian C. Rider—Chair

J. Cary Barton

Tommy Bastian

Martha Harris

Niles Wesley Holmes

Marilyn C. Maloney

Mark McPherson

Janna R. Melton

John M. Nolan

Chris Alexander Peirson

Ann M. Saegert

Jane Snoddy Smith

Richard L. Spencer

Jonathan Thalheimer

David W. Tomek

Michelle M. Turner

David A. Weatherbie

Philip D. Weller

Thomas M. Whelan

Credit Info

MCLE Credit

Other Credit

MCLE Credit

Other Credit

MCLE Credit

Other Credit

Key Dates

Venue

Belo Mansion

Parking Information

Four Seasons Hotel

Accommodations

Parking Information

Norris Conference Center - CityCentre

Parking Information

Our Sponsors

Stay in the loop with UT Law CLE

46^th Annual

Dallas Oct 4-5, 2012 Belo Mansion
Conference Concluded

Austin Oct 25-26, 2012 Four Seasons Hotel
Conference Concluded

Video Replay: Houston Nov 29-30, 2012 Norris Conference Center - CityCentre
Conference Concluded