University of Texas School of Law
Conference art
TX Credit Info:
14.00 hrs
2.75 hrs Ethics
TX Specialization:
Bankruptcy Law
Consumer and Commercial Law
Real Estate Law
More Credit Info

48th Annual William W. Gibson, Jr.

Mortgage Lending Institute

Austin Sep 18-19, 2014 – AT&T Conference Center
Conference Concluded

Dallas Oct 2-3, 2014 – Cityplace Conference Center
Conference Concluded

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Also available as: Materials, In-House CLE

Program Features
The Mortgage Lending Institute—the definitive real estate finance course of the year—presents current developments, offers practical information on real estate lending, financing and title issues, and provides a must-have set of materials and resources.

2014 highlights include:
  • David Weatherbie's annual Case Law Update
  • Federal regulatory outlook and update from the Mortgage Bankers Association
  • Demographic Trends in Texas: Implications for the Future of Real Estate
  • Extensive coverage of guaranties including recourse carve-outs, use of master leases, and updates on construction completion guaranties
  • Commercial lending issues and hot topics including economic development incentives, the intersection of authority and liability in preferred equity transactions, and key land use regulations impacting development and lending
  • Residential lending issues and hot topics including new developments under Texas Rules of Civil Procedure 735 and 736, developments and regulations related to qualified versus non-qualified mortgages, and CFPB enforcement actions and tips for examinations
  • Legal Drafting Style Guide: A New Approach to Editing
  • Water and mineral rights impacting project development, lending and valuation of collateral assets
  • Practical walk-through of unusual additional collateral and ancillary loan documents
  • 2.75 hours of ethics credit
Schedule

Thursday Morning

Presiding Officers:
In Austin: Brian C. Rider, The University of Texas School of Law - Austin, TX
In Dallas: Ann M. Saegert, Haynes and Boone, LLP - Dallas, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

.75 hr
.25 hr ethics

Case Law Update, Part I

Overview of recent cases addressing legal and ethical issues in 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

.75 hr
.25 hr ethics

Recourse Carve-Out Liability: Only for Bad Boys?

A discussion of the purpose and form of the typical recourse carve-out, possible negotiated changes to those carve-outs, and the effect of recent case law, plus an analysis of the practical and ethical issues in representing a borrower and guarantor once the loan goes into default.

Jonathan Thalheimer, McGuire, Craddock & Strother, P.C. - Dallas, TX
James H. Wallenstein, Glast, Phillips & Murray - Dallas, TX
Thomas M. Whelan, McGuire, Craddock & Strother, P.C. - Dallas, TX

10:30 am
Break

10:45 am

.33 hr

Master Leases: A Guaranty Substitute or the Gift that Keeps on Taking?

Real estate parent companies occasionally give a master lease instead of a guaranty without considering the economic and legal repercussions associated with master leases. This presentation addresses some of the issues arising from this type of “credit support.”

Katherine A. Tapley, Norton Rose Fulbright - San Antonio, TX

11:05 am

.33 hr

Update on Construction Completion Guaranties: They’re More Dangerous than They Appear

In Austin:
Brian C. Rider, The University of Texas School of Law - Austin, TX
In Dallas:
J. Cary Barton, Barton, East & Caldwell, P.L.L.C. - San Antonio, TX

11:25 am

.75 hr

Forging Peace Negotiations: Borrowers' Peskiest Problems and Biggest Gripes

A borrower’s attorney and a lender’s attorney face off over frequently contentious provisions in loan documents and see if they can find common ground.

Vytas A. Petrulis, Jackson Walker L.L.P. - Houston, TX
Paul M. Pruett, Locke Lord LLP - Houston, TX

12:10 pm

.50 hr

Unusual Additional Collateral and Ancillary Loan Documents

A review of terms which should be negotiated, removed or at least highlighted to the borrower and any third parties impacted by collateral and ancillary loan documents (i.e., Assignment of Management Contract, Security Interest in Contracts, Assignment of Permits, and Environmental Agreement and Indemnity).

Sara E. Dysart, Attorney at Law - San Antonio, TX

12:40 pm
Pick Up Lunch

Included in registration.

Thursday Afternoon

Presiding Officers:
In Austin: Jane Snoddy Smith, Norton Rose Fulbright - Austin, TX
In Dallas: John M. Nolan, Winstead PC - Dallas, TX

LUNCHEON PRESENTATION

1:00 pm

.75 hr

Demographic Trends in Texas: Implications for the Future of Real Estate

An analysis of demographic, social and economic characteristics and trends in Texas, and their implications for real estate development and lending.

Lloyd Potter, Ph.D., Office of the State Demographer - Austin, TX

 
1:45 pm
Break

2:00 pm

.33 hr

Title Insurance Endorsements Update

Recent changes to title insurance endorsements, including major revisions to T-19 and T-19.1, an expansion of the availability of certain endorsements, the approval of new endorsements and more.

Wade A. Thunhorst, Title Resources Guaranty Co. - Dallas, TX

2:20 pm

.50 hr

Environmental Update: Due Diligence and Other Issues for Loan Arrangers—Hi-Yo, Silver!

A brief overview of environmental concerns affecting mortgage lenders with a focus on selected hot topics and practical considerations, including due diligence, statutory defenses protecting secured creditors, the rising concern of vapor intrusion, and recent updates affecting development such as the definition of waters of the U.S. and jurisdictional wetlands and the presence of endangered species.

In Austin:
Jeff Civins, Haynes and Boone, LLP - Austin, TX
In Dallas:
Mary S. Mendoza, Haynes and Boone, LLP - Austin, TX

2:50 pm

.50 hr

Legal Drafting Style Guide: A New Approach to Editing

Do you need help removing passive-voice, legalisms, redundancies, 150-word sentences, and other writing atrocities from your documents? A legal drafting style guide will help you transform your unreadable documents into plain English (or at least understandable documents).

Kevin M. Kerr, Attorney at Law - Dallas, TX

3:20 pm
Break

3:30 pm

.50 hr

Developments in Bankruptcy Law

With a look at recent developments in bankruptcy law affecting the mortgage lending world, work through new cases on credit bidding by lenders, "good faith" in filing and cram downs, impairment, and conflicts between senior and junior lien holders.

Christopher G. Bradley, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Mark C. Taylor, Hohmann, Taube & Summers, L.L.P. - Austin, TX

4:00 pm

1.00 hr ethics

Technology and File Management: Best Practices for Reducing, Managing and Storing Your "Paper"

A discussion on the practical, technological and ethical issues that come with managing the mountains of paper that a law practice generates, including best practices with respect to document generation, distribution and retention, and the ownership of client files. Learn the benefits of and options for reducing paper consumption and storage in the law firm context, including a look at both the technology and the ethics of computing in the cloud.

Laura L. McClellan, Thompson & Knight LLP - Dallas, TX
Hon. Rebecca Simmons, Kinetic Concepts, Inc. - San Antonio, TX

5:00 pm
Adjourn

Friday Morning

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

8:00 am
Conference Room Opens

Includes continental breakfast.

8:30 am

.75 hr
.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

9:15 am

.50 hr

Drafting Security Documents and Legal Opinions after Enactment of the Texas Assignments of Rent Act (TARA)

Drafting deeds of trust, stand-alone assignments of leases and rents, legal opinions and ancillary loan documents after the enactment and in light of TARA.

Greta E. Goldsby, Winstead PC - Austin, TX

9:45 am

.50 hr

Land, Crops and Cows: Farm and Ranch Lending Issues

An overview of financing transactions and issues for farms, ranches and their operations.

James D. Eggleston Jr., Eggleston Flowers & King - Weatherford, TX

10:15 am
Break

CONCURRENT SESSIONS

Residential

Presiding Officers:
In Austin: Christopher W. Christensen, PeirsonPatterson, LLP - Dallas, TX
In Dallas: Chris A. Peirson, PeirsonPatterson, LLP - Dallas, TX
10:30 am

.50 hr

What’s Happening under Rules of Procedure 735 and 736

New developments under Texas Rules of Civil Procedure 735 and 736 that relate to home equity, reverse mortgage, home equity line of credit, property owners’ associations and certain transferred or property tax loan liens.

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

11:00 am

.50 hr

Qualified versus Non-Qualified Mortgages

A review of the Consumer Financial Protection Bureau (CFPB) regulations and guidance on qualified mortgages (QM), plus developments pertaining to QM and non-QM loans.

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

11:30 am

.75 hr

CFPB Enforcement and Examinations

A review of recent CFPB enforcement actions, practical tips on how lenders, homebuilders and real estate brokers can prepare for an examination, and the effects of CFPB initiatives on compliance and litigation strategies.

Troy W. Garris, Weiner Brodsky Kider PC - Washington, DC, and Dallas, TX

12:15 pm
Pick Up Lunch

Included in registration.

Commercial

Presiding Officer:
Robert G. "Jerry" Converse, Of Counsel, Norton Rose Fulbright - Austin, TX
10:30 am

.75 hr

Substitute for Equity: Understanding Economic Development Incentives and Your Right to Them

An overview of economic development incentives and the latest changes and modifications to these programs that are available from state and local governments, plus practical tips for identifying and managing the risks to property owners and mortgage lenders when these incentives are granted to or based upon the tenant/user and not the project itself.

Robert G. "Jerry" Converse, Of Counsel, Norton Rose Fulbright - Austin, TX

11:15 am

.50 hr

Real Estate Preferred Equity Agreements: Issues Concerning the Sponsor Principal

An examination of the sponsor principal’s role in real estate preferred equity investment transactions, including matters related to the sponsor principal’s liability to the capital partner and to third-party lenders, whether the type of equity investment transaction affects (or should affect) the scope of the sponsor principal’s liability to the capital partner, whether requiring the sponsor principal to execute a debt-like guaranty instrument could create adverse consequences for the capital partner in an enforcement action, and issues created for the sponsor principal upon a management takeover by the capital partner.

Bryan D. Garner, Thompson & Knight LLP - Dallas, TX

11:45 am

.50 hr

Land Use: Dirty Little Secrets Every Lending Lawyer Needs to Know

Did you know that cities in Texas can terminate nonconforming uses? How far can cities go in demanding exactions during the development process? What assurance can a city give you that a proposed use is actually permitted? Often the answers to these questions have an impact on the development potential of an asset and, therefore, its value. This presentation examines the complexity of land use regulations, including practices and procedures relevant to new development and redevelopment, in order to understand how these regulations can impact valuation.

William S. Dahlstrom, Jackson Walker L.L.P. - Dallas, TX

12:15 pm
Pick Up Lunch

Included in registration.

 

Friday Afternoon

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

LUNCHEON PRESENTATION

12:35 pm

.75 hr

Federal Regulatory Update and Outlook

This was a watershed year for federal rule-making and more rules are on the way. Review the year's regulatory changes and the changes to come.

In Austin:
Ken Markison, Mortgage Bankers Association - Washington, DC
In Dallas:
Justin J. Wiseman, Mortgage Bankers Association - Washington, DC

 
1:20 pm
Break

1:35 pm

.75 hr

Drilling into Commercial Lending: What Good Is My Collateral Now that There's a Rig in the Parking Lot?

A look at the impact of mineral development on value and use of commercial real estate: How do you identify and avoid conflicts between mineral interests and liens which can devalue a collateral asset? What are the benefits, if any, of the accommodation doctrine? What and when does title insurance give a surface owner (including a lender who forecloses on the property) any coverage or benefit?

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

2:20 pm

.50 hr

Water, Water Everywhere, but How Do We Get It?

A discussion of how to locate and secure water sources for projects which are outside established water service areas with a special emphasis on the lender’s perspective.

Grady B. Jolley, Branscomb PC - San Antonio, TX

2:50 pm

.50 hr

Hot Tips and Current Events of Interest

Discussion of recent developments and hot topics in mortgage lending and related real estate matters.

In Austin:
Tobin Swope, Winstead PC - Dallas, TX
In Dallas:
Jeff Matthews, Winstead PC - Dallas, TX

3:20 pm

1.00 hr ethics

Dealin’ in Dirt without Slippin’ in the Mud: The Ethics of Whom You Represent

A lively and unconventional look at ethical challenges in real estate and lending practice—be sure to save some energy and brain power for this presentation!

Jeff Jury, Burns Anderson Jury & Brenner, LLP - Austin, TX

4:20 pm
Adjourn

Faculty

Conference Faculty

J. Cary Barton
Barton, East & Caldwell, P.L.L.C.
San Antonio, TX
Tommy Bastian
Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX
Christopher G. Bradley
U.S. Bankruptcy Court, Western District of Texas
Austin, TX
Jeff Civins
Haynes and Boone, LLP
Austin, TX
Robert G. "Jerry" Converse
Of Counsel, Norton Rose Fulbright
Austin, TX
William S. Dahlstrom
Jackson Walker L.L.P.
Dallas, TX
Sara E. Dysart
Attorney at Law
San Antonio, TX
James D. Eggleston Jr.
Eggleston Flowers & King
Weatherford, TX
Bryan D. Garner
Thompson & Knight LLP
Dallas, TX
Troy W. Garris
Weiner Brodsky Kider PC
Washington, DC, and Dallas, TX
Greta E. Goldsby
Winstead PC
Austin, TX
Grady B. Jolley
Branscomb PC
San Antonio, TX
Jeff Jury
Burns Anderson Jury & Brenner, LLP
Austin, TX
Kevin M. Kerr
Attorney at Law
Dallas, TX
Ken Markison
Mortgage Bankers Association
Washington, DC
Jeff Matthews
Winstead PC
Dallas, TX
Laura L. McClellan
Thompson & Knight LLP
Dallas, TX
Mary S. Mendoza
Haynes and Boone, LLP
Austin, TX
Michael K. O'Neal
Winstead PC
Dallas, TX
Vytas A. Petrulis
Jackson Walker L.L.P.
Houston, TX
Lloyd Potter, Ph.D.
Office of the State Demographer
Austin, TX
Paul M. Pruett
Locke Lord LLP
Houston, TX
Brian C. Rider
The University of Texas School of Law
Austin, TX
Hon. Rebecca Simmons
Kinetic Concepts, Inc.
San Antonio, TX
Tobin Swope
Winstead PC
Dallas, TX
Katherine A. Tapley
Norton Rose Fulbright
San Antonio, TX
Mark C. Taylor
Hohmann, Taube & Summers, L.L.P.
Austin, TX
Jonathan Thalheimer
McGuire, Craddock & Strother, P.C.
Dallas, TX
Wade A. Thunhorst
Title Resources Guaranty Co.
Dallas, TX
James H. Wallenstein
Glast, Phillips & Murray
Dallas, TX
David A. Weatherbie
Cramer Weatherbie Richardson Walker LLP
Dallas, TX
Thomas M. Whelan
McGuire, Craddock & Strother, P.C.
Dallas, TX
Justin J. Wiseman
Mortgage Bankers Association
Washington, DC

Planning Committee

Brian C. Rider—Co-Chair
The University of Texas School of Law
Austin, TX
Ann M. Saegert—Co-Chair
Haynes and Boone, LLP
Dallas, TX
J. Cary Barton
Barton, East & Caldwell, P.L.L.C.
San Antonio, TX
Tommy Bastian
Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX
Jeff Civins
Haynes and Boone, LLP
Austin, TX
Robert G. "Jerry" Converse
Of Counsel, Norton Rose Fulbright
Austin, TX
William S. Dahlstrom
Jackson Walker L.L.P.
Dallas, TX
Sara E. Dysart
Attorney at Law
San Antonio, TX
Charles E. Fiscus
Shackelford Melton & McKinley
Dallas, TX
James L. Gosdin
Stewart Title Guaranty Company
Houston, TX
Jay Hailey
DLA Piper LLP US
Austin, TX
Glenn Hall
Attorney at Law
Austin, TX
Martha Harris
Thompson & Knight LLP
Dallas, TX
Niles W. Holmes
Niles Holmes, P.C.
Dallas, TX
Joanna Jefferson
The University of Texas School of Law
Austin, TX
Kevin M. Kerr
Attorney at Law
Dallas, TX
William H. Locke Jr.
Graves Dougherty Hearon & Moody
Austin, TX
Marilyn C. Maloney
Liskow & Lewis
Houston, TX
Laura L. McClellan
Thompson & Knight LLP
Dallas, TX
Janna R. Melton
Attorney at Law
Austin, TX
Kent Newsome
Greenberg Traurig, LLP
Houston, TX
John M. Nolan
Winstead PC
Dallas, TX
Kurt Nondorf
Jackson Walker L.L.P.
Houston, TX
Chris A. Peirson
PeirsonPatterson, LLP
Dallas, TX
Vytas A. Petrulis
Jackson Walker L.L.P.
Houston, TX
Paul D. Pruitt
Fidelity National Title Group
Austin, TX
Jane Snoddy Smith
Norton Rose Fulbright
Austin, TX
Richard L. Spencer
Dow Golub Remels & Beverly, LLP
Houston, TX
Jonathan Thalheimer
McGuire, Craddock & Strother, P.C.
Dallas, TX
David W. Tomek
Attorney at Law
Dallas, TX
David A. Weatherbie
Cramer Weatherbie Richardson Walker LLP
Dallas, TX
Philip D. Weller
DLA Piper LLP US
Dallas, TX
Joe F. Wheat
Attorney at Law
Houston, TX
Thomas M. Whelan
McGuire, Craddock & Strother, P.C.
Dallas, TX
Credit Information

MCLE Credit

Texas
14.00 hrs  |  2.75 hrs Ethics
Legal Specialization(s): Bankruptcy Law, Consumer and Commercial Law, Real Estate Law
Additional Information
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.  
California
14.00 hrs  |  2.75 hrs Ethics
Additional Information
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.  
Oklahoma
17.00 hrs  |  3.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Other States
Many jurisdictions accept conferences offered by The University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your jurisdiction's regulatory authority. A Certificate of Attendance and credit reporting documentation will be provided at the conference.

Other Credit

TX Accounting CPE
17.00 hrs
TX Appraiser (ACE)
14.00 hrs
TX Insurance
Additional Information
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.

Licensee Request for Qualifying Continuing Education Credit

www.tdi.texas.gov/licensing/
TX Real Estate Commission (TREC)

MCLE Credit

Texas
14.00 hrs  |  2.75 hrs Ethics
Legal Specialization(s): Bankruptcy Law, Consumer and Commercial Law, Real Estate Law
Additional Information
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.  
California
14.00 hrs  |  2.75 hrs Ethics
Additional Information
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.  
Oklahoma
17.00 hrs  |  3.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Other States
Many jurisdictions accept conferences offered by The University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your jurisdiction's regulatory authority. A Certificate of Attendance and credit reporting documentation will be provided at the conference.

Other Credit

TX Accounting CPE
17.00 hrs
TX Appraiser (ACE)
14.00 hrs
TX Insurance
Additional Information
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.

Licensee Request for Qualifying Continuing Education Credit

www.tdi.texas.gov/licensing/
TX Real Estate Commission (TREC)
Key Dates

Austin

  • Last day for Individual early registration: Sep 10, 2014
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Sep 12, 2014
  • Last day for cancellation (partial refund): Sep 15, 2014
    $50 processing fee applied

Dallas

  • Last day for Individual early registration: Sep 26, 2014
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Sep 26, 2014
  • Last day for cancellation (partial refund): Sep 29, 2014
    $50 processing fee applied

Hotel / Venue

Austin

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
512.404.3600 (reservations)
Map

Accommodations

$174 room rate good through August 22, 2014 (subject to availability). Reserve your room online.

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

Dallas

Cityplace Conference Center

2711 North Haskell Avenue
Dallas, TX
214.515.5100
Map

Parking Information

Complimentary self-parking.

Nearby Hotel Accommodations