About

UT Law's 53rd Annual William W. Gibson, Jr. Mortgage Lending and Servicing Institute presents current developments and industry trends, offers practical information on real estate lending, financing and title issues, and provides a must-have set of materials and resources.  This year’s highlights include:

  • Updates from the legislature and the courts, along with focused tracks on Advanced Commercial Lending and Residential Lending
  • Insight into hot topics like qualified opportunity zones, POA solvency, Fintech, and water planning
  • Tips for handling the coming storm in Workouts: Winter is Coming (Lessons from 2008)
  • Guidance on Resilience: How to Survive and Thrive in a High Stress Practice
  • Networking opportunities with industry leaders and fellow attendees
Following the conference, attendees will receive supplemental on-demand programming to ensure they are able to satisfy their full 15.00/3.00 Texas MCLE requirement. All this makes the Institute the definitive real estate finance course of the year.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Sept. 12, 2019
    Presiding Officer:
    Christopher W. Christensen, PeirsonPatterson, LLP - Dallas, TX
  • 7:30 am
    Austin Only
    Registration Opens

    Includes continental breakfast.
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.50 hr
    Case Law Update – Part I

    Amanda R. Grainger, Winstead PC - Dallas, TX
    J. Richard White, Winstead PC - Dallas, TX

    Discuss recent and significant Texas cases for the last year, with particular attention paid to cases involving new legal concepts or which materially alter or extend current jurisprudence. 
  • 9:00 am
    0.75 hr
    Legislative Update

    John H. "Jack" Miller III, Irelan McDaniel, PLLC - Houston, TX

    What the sausage-makers did this time: a report on the laws passed by the 86th Texas Legislature affecting mortgage lending and the practice of real estate law.
  • 9:45 am
    0.50 hr
    Challenges in Building and Construction

    Dale E. Butler, Butler Law Firm, PC - Flower Mound, TX

    An overview of construction issues impacting lending, including the rising popularity in modular building construction.
  • 10:15 am
    Break

  • 10:30 am
    1.00 hr
    Lien Priority and Subordination

    Edward A. Bontkowski, Haynes and Boone, LLP - Houston, TX
    Materials By:
    Caitlin Evans, Haynes and Boone, LLP - Houston, TX

    Review lien priority and subordination in Texas, with a focus on early commencement and M&M liens.
  • 11:30 am
    0.50 hr
    Water, Water Everywhere: The Impact of Water Planning on Lending and Development

    Edmond R. McCarthy, Jr., McCarthy & McCarthy LLP - Austin, TX

    Discuss what land developers and their counsel need to know about water availability and regulatory issues in development and planning for land development projects.
  • 12:00 pm
    Austin Only
    Pick Up Lunch

    Included in registration. 
  • Thursday Afternoon, Sept. 12, 2019
    Presiding Officer:
    Niles W. Holmes, Niles Holmes, P.C. - Dallas, TX
  • LUNCHEON PRESENTATION
  • 12:20 pm
    0.50 hr
    Wire Fraud

    Justin Ailes, American Land Title Association - Washington, DC

    Real estate wire fraud is a sophisticated scam targeting individuals making wire transfer payments during the home buying process. Unknowingly, victims send wire transfers to the account of criminals who pretend to be real estate professionals involved in the transaction. FBI data shows 11,300 victims lost a combined $149 million in 2018. Learn how to protect your clients from this financial fraud and make sure you follow best practices.
  • 12:50 pm
    Break

  • 1:05 pm
    0.50 hr
    Texas Annotated SNDA

    Jerry Lott Jr., Winstead PC - Austin, TX

    An overview of the key issues that lenders, landlords, and tenants should consider in negotiating SNDAs.
  • 1:35 pm
    0.50 hr
    Workouts: Winter is Coming (Lessons from 2008)

    Brian Thompson Morris, Winstead PC - Dallas, TX

    A refresher on collection remedies and workout tools and strategies.
  • 2:05 pm
    0.50 hr
    The Grievance Process: Everything You Ever Wanted To Know But Were Afraid To Ask

    Nicole T. LeBoeuf, LeBoeuf Law PLLC - Dallas, TX

    Tips and best practices from an attorney regularly representing lawyers in the grievance process. Don't panic, come learn what to do.
  • 2:35 pm
    Break

  • SPECIAL NOTICE:

    The live webcast includes the Advanced Commercial Lending track but not the Residential Lending track. Materials for both tracks are available in the course materials. Approximately 4-6 weeks after the conference, the Advanced Commercial Lending video and Residential Lending audio will both be available in "Your Briefcase."
  • Track description: Track A: Advanced Commercial Track Presiding Officer:
    Niles W. Holmes, Niles Holmes, P.C. - Dallas, TX
  • 2:50 pm
    0.50 hr
    The Rising Tide of Retail Tenant Bankruptcies: What Lenders Need to Know to Protect Their Collateral

    Katharine Battaia Clark, Hedrick Kring, PLLC - Dallas, TX

    As retail tenant bankruptcies become commonplace, the bankruptcies themselves continue to challenge commercial landlords and their lenders with nuanced approaches. Knowing the trends amidst the retail tenant bankruptcy apocalypse will help lenders more efficiently preserve and protect collateral.
  • 3:20 pm
    0.50 hr
    Unusual Collateral in Real Estate Finance: Beyond Cars and Boats and Planes

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

    A look at collateral which may give added value to real estate loans including technology matters, development agreement payments from municipalities, and other tangibles and intangibles.
  • 3:50 pm
    0.50 hr
    Completion Guarantees

    J. Cary Barton, Barton Benson Jones PLLC - San Antonio, TX

    Explore surprising problems potentially arising with superficially conventional completion guaranties sometimes required in connection with construction financing.
  • 4:20 pm
    0.50 hr
    Nonconsolidation Opinions

    Bruce J. Zabarauskas, Thompson & Knight LLP - Dallas, TX

    Gain insight on substantive consolidation, what are the standards governing substantive consolidation throughout the United States, and what issues should be addressed in drafting non-consolidation opinions.
  • Track description: Track B: Residential Track Presiding Officer:
    Tommy Bastian, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX
  • 2:50 pm
    Austin Only
    0.50 hr
    eClosings: It May Be a Paper Moon, but Your Real Estate Practice Isn’t

    Rebecca Rice DeBakey, Stewart Title Guaranty Company - Houston, TX
    John Fleming, Law Office of John Fleming - Austin, TX

    A look at the legal infrastructure supporting eClosings; including electronic notes, remote online notary, the new Texas statute SB 2128 relating to “papering out” of electronic documents for recording, and discussion of how the title industry is implementing eClosing initiatives.
  • 3:20 pm
    Austin Only
    0.50 hr
    Residential Mortgage Litigation Update

    B. David L. Foster, Locke Lord LLP - Austin, TX

    Review recent Texas cases and trends, with particular attention to claims involving Texas home equity loans and statutes of limitation.
  • 3:50 pm
    Austin Only
    0.50 hr
    Real Estate Industry Updates: A Review of Recent Updates to the TDI Basic Manual, TREC Forms and TR Forms

    Lisa M. Beville, Fidelity National Title Group - Dallas, TX

    Explore recent changes to the Texas Title Insurance Basic Manual, including a rate decrease and the amendment of several of the most commonly used rate rules. Also review new forms promulgated by both TREC and TR (formerly TAR) in 2018, as well as changes to existing forms made by both entities. Gain a deeper understanding of the paperwork provided to lenders by both the Realtor and the Title Insurance company involved in a real estate transaction.
  • 4:20 pm
    Austin Only
    0.50 hr
    Current Developments and Issues in Title Insurance

    Dawn Lewallen, First American Title Company - Houston, TX

    Survey recent developments in title insurance law, focusing most significantly on recent title insurance regulations and forms, recent Texas Legislation and cases affecting the industry in Texas, including a look at the state of mineral coverage, mechanics lien coverage, and marijuana related transactions coverage.
  • 4:50 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Sept. 13, 2019
    Presiding Officer:
    Sara E. Dysart, Attorney at Law - San Antonio, TX
  • 7:30 am
    Austin Only
    Conference Room Opens

    Includes continental breakfast. 
  • 8:30 am
    0.50 hr
    Case Law Update – Part II

    Amanda R. Grainger, Winstead PC - Dallas, TX
    J. Richard White, Winstead PC - Dallas, TX

    Discuss recent and significant Texas cases for the last year, with particular attention paid to cases involving new legal concepts or which materially alter or extend current jurisprudence. 
  • 9:00 am
    0.75 hr
    Qualified Opportunity Zones and Related Developments

    Raj Bandla, Locke Lord LLP - Austin, TX
    Mitchell A. Tiras, Locke Lord LLP - Houston, TX

    The Opportunity Zone Program was introduced as part of the Tax Cuts and Jobs Act of 2017 and provides unique opportunities to defer and/or eliminate tax on federal capital gains for real estate investments in qualified areas. While meaningful tax benefits under this program are available, there remain areas of uncertainty for structuring these transactions. Those who participate in the Opportunity Zone Program will need to become familiar with its enacting statute and over 200 pages of proposed regulations released in recent months by the U.S. Department of the Treasury.
  • 9:45 am
    0.75 hr
    Making Sure Your Deal is Financeable

    Kent Newsome, Greenberg Traurig, LLP - Houston, TX

    Get tips for making sure that your deal is financeable, including how to avoid killing the deal in a prior transaction.
  • 10:30 am
    Break

  • 10:45 am
    0.75 hr
    How to Lose a Client With 10 Outdated Loan Provisions!

    Colette M. Breedlove, Niles Holmes, P.C. - Dallas, TX
    Niles W. Holmes, Niles Holmes, P.C. - Dallas, TX

    Discuss and provide drafting solutions for the most commonly outdated and missing provisions in Texas commercial real estate loan documents.
  • 11:30 am
    0.50 hr
    FinTech and the Changing Landscape of Mortgage Lending

    Moderator:
    Christopher W. Christensen, PeirsonPatterson, LLP - Dallas, TX
    Jennifer Parker, Fannie Mae - Washington, DC

    Fintech lenders have entered the market with a focus on driving efficiencies, technology-first processes, and streamlined operational workflows – all aimed at guiding consumers through a one-stop-shop transaction. Fannie Mae will discuss the ever-changing mortgage landscape and it’s disruption by Fintech lenders. 
  • 12:00 pm
    Austin Only
    Pick Up Lunch

    Included in registration. 
  • Friday Afternoon, Sept. 13, 2019
    Presiding Officer:
    Karen M. Neeley, Kennedy Sutherland LLP - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:20 pm
    0.50 hr ethics
    Attorney Ethics in the Social Media Realm

    John G. Browning, Passman & Jones - Dallas, TX

    Worried about whether you’ll take heat for that tweet? Examine the ethical pitfalls awaiting unwary attorneys in the age of Facebook, Twitter, and Instagram. Using real world examples from cases and disciplinary proceedings around the country, this presentation will educate lawyers about how to ethically use – and avoid misusing – social media platforms
  • 12:50 pm
    Break

  • 1:05 pm
    0.75 hr
    Property Owners Association Borrowing: Association Solvency and Underwriting Red Flags

    Clinton F. Brown, Roberts Markel Weinberg Butler Hailey PC - Austin, TX

    Property Owners Associations are as diverse as the residents that live within them. Discuss the myriad of variances in borrowing when considering the type of community (commercial, condominium, single family/townhome), the wide range of provisions in the governing documents affecting borrowing, and how underwriters may analyze an association’s solvency to determine whether it’s a bad loan.
  • 1:50 pm
    0.50 hr
    Hot Topics in Mortgage Lending and Servicing

    Robert F. DuBois III, DuBois, Bryant & Campbell, L.L.P. - Austin, TX
    Brian C. Rider, The University of Texas School of Law - Austin, TX

    Hear recent developments and hot topics in mortgage lending and servicing and related real estate matters.
  • 2:20 pm
    1.00 hr ethics
    Resilience: How to Survive and Thrive in a High Stress Practice

    Claude E. Ducloux, Attorney at Law - Austin, TX

    Why do some lawyers handle the stress of the job and the demands of family much better than others? What skills can we learn to improve our own lives? The answer may be: “Resilience.” Based on the skills taught by US Army for soldiers potentially fighting PTSD, identify ten strategies for dealing with stress, mental health, and making better decisions in law – and life.
  • 3:20 pm
    Adjourn

Conference Faculty

Justin Ailes

American Land Title Association
Washington, DC

Raj Bandla

Locke Lord LLP
Austin, TX

J. Cary Barton

Barton Benson Jones PLLC
San Antonio, TX

Lisa M. Beville

Fidelity National Title Group
Dallas, TX

Edward A. Bontkowski

Haynes and Boone, LLP
Houston, TX

Colette M. Breedlove

Niles Holmes, P.C.
Dallas, TX

Clinton F. Brown

Roberts Markel Weinberg Butler Hailey PC
Austin, TX

John G. Browning

Passman & Jones
Dallas, TX

Dale E. Butler

Butler Law Firm, PC
Flower Mound, TX

Christopher W. Christensen

PeirsonPatterson, LLP
Dallas, TX

Katharine Battaia Clark

Hedrick Kring, PLLC
Dallas, TX

Rebecca Rice DeBakey

Stewart Title Guaranty Company
Houston, TX

Robert F. DuBois III

DuBois, Bryant & Campbell, L.L.P.
Austin, TX

Claude E. Ducloux

Attorney at Law
Austin, TX

Caitlin Evans

Haynes and Boone, LLP
Houston, TX

John Fleming

Law Office of John Fleming
Austin, TX

B. David L. Foster

Locke Lord LLP
Austin, TX

Amanda R. Grainger

Winstead PC
Dallas, TX

Niles W. Holmes

Niles Holmes, P.C.
Dallas, TX

Nicole T. LeBoeuf

LeBoeuf Law PLLC
Dallas, TX

Dawn Lewallen

First American Title Company
Houston, TX

Jerry Lott Jr.

Winstead PC
Austin, TX

Edmond R. McCarthy, Jr.

McCarthy & McCarthy LLP
Austin, TX

John H. "Jack" Miller III

Irelan McDaniel, PLLC
Houston, TX

Brian Thompson Morris

Winstead PC
Dallas, TX

Kent Newsome

Greenberg Traurig, LLP
Houston, TX

Jennifer Parker

Fannie Mae
Washington, DC

Brian C. Rider

The University of Texas School of Law
Austin, TX

Mitchell A. Tiras

Locke Lord LLP
Houston, TX

J. Richard White

Winstead PC
Dallas, TX

Bruce J. Zabarauskas

Thompson & Knight LLP
Dallas, TX

Planning Committee

Christopher W. Christensen—Co-Chair

PeirsonPatterson, LLP
Dallas, TX

Niles W. Holmes—Co-Chair

Niles Holmes, P.C.
Dallas, TX

Joanna Jefferson—Director

The University of Texas School of Law
Austin, TX

J. Cary Barton

Barton Benson Jones PLLC
San Antonio, TX

Tommy Bastian

Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX

Lorin Williams Combs

Winstead PC
Austin, TX

Sara E. Dysart

Attorney at Law
San Antonio, TX

Charles Fiscus

Stewart Title Guaranty Company
Dallas, TX

James L. (Jim) Gosdin

Stewart Title Guaranty Company
Houston, TX

Amanda R. Grainger

Winstead PC
Dallas, TX

Harrell G. "Glenn" Hall Jr.

Attorney at Law
Austin, TX

Marilyn C. Maloney

Liskow & Lewis
Houston, TX

Marc Markel

Roberts Markel Weinberg Butler Hailey PC
Houston, TX

Mary S. Mendoza

Haynes and Boone, LLP
Austin, TX

Brian Thompson Morris

Winstead PC
Dallas, TX

Julian M. Moss Jr.

Attorney at Law
Sugar Land, TX

Karen M. Neeley

Kennedy Sutherland LLP
Austin, TX

Kent Newsome

Greenberg Traurig, LLP
Houston, TX

Chris A. Peirson

PeirsonPatterson, LLP
Dallas, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Richard L. Spencer

Ferguson Braswell Fraser Kubasta PC
Houston, TX

Joe F. Wheat

Attorney at Law
Houston, TX

Thomas M. Whelan

McGuire, Craddock & Strother, P.C.
Dallas, 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.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
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.
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
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
Note on Self-Reporting Your Credits in Another State
f 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 to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion .

MCLE credit is presented based on a 60-minute credit hour.
Other Credit
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

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 once you complete the course.

Key Dates

Austin – Sep 12-13, 2019 – DoubleTree by Hilton Hotel Austin
Conference Concluded
Live Webcast – Sep 12-13, 2019
Conference Concluded
Buy
Austin
Last day for Individual early registration: Sep 4, 2019

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: Sep 4, 2019

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Sep 4, 2019

Add $50 for registrations received after this time

Last day for cancellation (full refund): Sep 6, 2019
Last day for cancellation (partial refund): Sep 9, 2019

$50 processing fee applied

Live Webcast
Last day for cancellation (full refund): Sep 6, 2019
Last day for cancellation (partial refund): Sep 9, 2019

$50 processing fee applied

Venue

speaker

6505 N. Interstate 35
Austin, TX 78752-4346
512-454-3737
800-866-3126 (reservations)
Map

Accommodations

$159 room rate good through August 22, 2019 (subject to availability). 

Book your room online here or call the reservations department at 1-800-866-3126 and reference the group code "MOR". The online link and group code will be active until the room block is full or the cutoff date of 8/22/2019, whichever comes first. 

Parking Information

Daily or Overnight Self-parking: $8 
Valet Parking: $20

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