Overview

UT Law's 54th 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 sessions on Advanced Commercial Lending and Residential Lending.
  • Insight into hot topics like environmental risk, escrow theft, and survey and title review.
  • New Developments and Hot Tips in Commercial Real Estate Mortgage Practice.
  • Guidance on Loss (Mitigation) During a Catastrophe—how to deal with mortgagors during unprecedented times.
  • Hear about issues and drafting concerns for workout documentation relating to the pandemic economic workout cycle.

Event Schedule

Program is subject to change.

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, September 17, 2020
    Presiding Officer:
    Christopher W. Christensen, PeirsonPatterson, LLP - Dallas, TX
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    0.25 hr ethics
    Case Law Update – Part I
    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.

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

  • 9:15 am
    5-Minute Break

  • 9:20 am
    0.50 hr
    Title Insurance Update
    Gain insight on what we learned from the recent pandemic and the New 2021 ALTA Commitment and Policies.

    Paul D. Pruitt, Title Resources Guaranty Company - Austin, TX

  • 9:50 am
    5-Minute Break

  • 9:55 am
    0.50 hr
    Survey & Title Review: Guidelines, Objections, Solutions, and Closing Instructions
    Explore checklists for surveys, title commitments, and exception documents. Gain insight on sample objections, solutions and potential endorsements, and closing requirements.

    Roland Love, Independence Title Company - Dallas, TX

  • 10:25 am
    5-Minute Break

  • 10:30 am
    0.75 hr
    TREC One to Four Family Contract

    A brief overview of TREC One to Four Family Contract with particular focus on provisions of the Contract that warrant extra attention from the lender. Additionally, gain insight into frequently asked contract questions and the changes currently being proposed by the TREC Broker/Lawyer Committee.

    Blair Moore Raggio, Allegiance Title Company - Dallas, TX
    Dawn Moore, Allegiance Title Company - Dallas, TX

  • 11:15 am
    5-Minute Break

  • 11:20 am
    0.75 hr
    0.25 hr ethics
    The Annotated Assignment of Rents Revisited
    Revisit the Texas Assignment of Rents Act since its passage nine years ago through the examination of a lender-oriented “Assignment of Rents”, with statutory, case law and drafting annotations. Part of the Annotated Series published by Winstead, which includes the Annotated Deed of Trust, Annotated Promissory Note and Annotated Guaranty.

    Lorin Williams Combs, Winstead PC - Austin, TX
    Jerry L. Lott Jr., Winstead PC - Austin, TX

  • 12:05 pm
    Break for Lunch—Presentations Resume at 12:25 p.m.

  • Thursday Afternoon, September 17, 2020
    Presiding Officer:
    Niles W. Holmes, Niles Holmes, P.C. - Dallas, TX
  • LUNCHEON PRESENTATION
  • 12:25 pm
    1.00 hr
    What Does the Future Hold for the Commercial Real Estate Market?
    Look at demographic trends and the current economic, capital markets, and real estate market conditions and forecasts what the near- and long-term future might look like for commercial real estate.

    Will McIntosh, Global Head of Research, USAA Real Estate - San Antonio, TX

  • 1:25 pm
    Break—Presentations Resume at 1:35 p.m.

  • SPECIAL NOTICE: Live Webcast includes the following Advanced Commercial Lending sessions only
    The Residential Lending sessions will be prerecorded and the video will be made available in “Your Briefcase” on the first day of the conference.
     

  • 1:35 pm
    0.75 hr
    0.25 hr ethics
    Potential Remedies in Mortgage Lending Transactions
    The borrower defaulted. Gain insight on preparing your answer to “can I” and “how do I” in response with an overview of available remedies under Texas law.

    Jared Slade, Alston & Bird LLP - Dallas, TX

  • 2:20 pm
    5-Minute Break

  • 2:25 pm
    0.75 hr
    Apocalypse Now: Tips for Managing the Onslaught of Tenant Distress and Bankruptcy in the Age of COVID
    An overview of bankruptcy and receivership considerations for landlords and their lenders, practical pointers developed in the trenches of cases like GNC, 24 Hour Fitness, and more, and considerations for what’s to come.

    Katharine Battaia Clark, Thompson Coburn LLP - Dallas, TX
    Holly E. Magliolo, Winstead PC - Dallas, TX
    Richard S. Schmidt, The Claro Group - Corpus Christi, TX

  • 3:15 pm
    5-Minute Break

  • 3:20 pm
    0.50 hr
    0.25 hr ethics
    Environmental Due Diligence – Keeping Up With What Is New
    Environmental due diligence is a critical part of the diligence process for a variety of transactions. Yet for many, environmental due diligence has become a checklist item, rather than a tailored assessment of the risks presented by a particular property or business. Discuss the statutory and regulatory drivers for environmental due diligence, common Phase I and Phase II practice, and emerging areas of environmental law (including PFAS) that should be considered in shaping environmental due diligence plans.

    Mary S. Mendoza, Haynes and Boone, LLP - Austin, TX

  • 3:50 pm
    5-Minute Break

  • 3:55 pm
    0.50 hr
    Cash Management: Lockboxes, Waterfalls, Sweeps and More!
    Discuss the current state of cash management in the lending context. Clarify confusing nomenclature and describe typical cash management processes and the logistics that often make this part of transactions so frustrating and time consuming.

    Benjamin F.S. Herd, Thompson & Knight LLP - Dallas, TX

  • 4:25 pm
    5-Minute Break

  • 4:30 pm
    0.50 hr
    Sample Ancillary Construction Loan Documents
    Overview of key issues and discussion of various documents including: collateral assignment of a construction contract, collateral assignment of a property management agreement, and certified borrowing resolution.

    Luke E. Kraus, Barton Benson Jones PLLC - San Antonio, TX

  • 5:00 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, September 18, 2020
    Presiding Officer:
    Amanda R. Grainger, Winstead PC - Dallas, TX
  • 8:30 am
    0.75 hr
    0.25 hr ethics
    Case Law Update – Part II
    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.

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

  • 9:15 am
    5-Minute Break

  • 9:20 am
    0.50 hr
    0.25 hr ethics
    SB 2128 Electronic Execution and Recording Documents
    Overview of the law related to eRecording and eSignatures with a comprehensive look at the challenges and misunderstandings related to eClosing (RON, RIN, etc) including drafting guidance for preparing digital documents to ensure a smooth real estate closing. 

    Celia Flowers, Flowers Davis, P.L.L.C., East Texas Title Companies - Tyler, TX
    Dawn M. Lewallen, First American Title Insurance Company - Houston, TX

  • 9:50 am
    5-Minute Break

  • 9:55 am
    0.50 hr
    Escrow and Title Theft
    Wire fraud and title thefts are the two fastest growing frauds in the mortgage and real property space. Examine recent cases and legal developments.

    Rachel M. Dollar, Smith Dollar PC - Santa Rosa, CA

  • 10:25 am
    5-Minute Break

  • 10:30 am
    0.50 hr
    Modification and Workout Documentation...This Time It’s Contagious!
    The issues and drafting concerns for workout documentation relating to the pandemic economic workout cycle.

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

  • 11:00 am
    5-Minute Break

  • 11:05 am
    0.50 hr
    LIBOR
    The long life and untimely demise of the world’s most important number.

    Jonathan Thalheimer, McGuire, Craddock & Strother, P.C. - Dallas, TX

  • 11:35 am
    5-Minute Break

  • 11:40 am
    0.50 hr
    Environmental Lending and Foreclosure Risks in 2020
    Identify the often hidden environmental risks in loan collateral and foreclosures, including the new 2020 WOTUS rule, assessed but unrecorded penalties for environmental violations, and projects that allow for participation by third party stakeholders.

    John Mark McPherson, McPherson LawFirm, PC - Dallas, TX

  • 12:10 pm
    Break for Lunch—Presentations Resume at 12:30 p.m.

  • Friday Afternoon, September 18, 2020
    Presiding Officer:
    Jared Slade, Alston & Bird LLP - Dallas, TX
  • LUNCHEON PRESENTATION
  • 12:30 pm
    0.50 hr ethics
    Self-Care to Make More and Feel Better
    Self-care is a misunderstood concept. Using it can help you make more money and feel better doing it!

    Matthew M. Sanderson, Cuccia Wilson, PLLC - Dallas, TX

  • 1:00 pm
    5-Minute Break

  • 1:05 pm
    0.50 hr
    0.25 hr ethics
    Don’t Sign Here
    Discuss various documents commonly presented in real estate closings that should not be signed as presented. Sometimes “standard,” “ancillary” documents can change the deal in undesirable ways.

    Kent Newsome, Greenberg Traurig, LLP - Houston, TX

  • 1:35 pm
    5-Minute Break

  • 1:40 pm
    0.50 hr
    New Developments and Hot Tips in Commercial Real Estate Mortgage Practice
    Hear recent developments and hot topics in mortgage lending and servicing and related real estate matters.

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

  • 2:10 pm
    5-Minute Break

  • 2:15 pm
    0.75 hr
    Loss (Mitigation) During a Catastrophe
    From calamity caused by COVID-19 to natural disasters that result in total devastation, mortgage servicers and investors are tasked with the impossible: how to deal with mortgagors during unprecedented times?

    Robert D. Forster II, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX

  • 3:00 pm
    5-Minute Break

  • 3:05 pm
    0.75 hr
    0.25 hr ethics
    Technology: Big Picture, My Picture, Next Picture
    COVID-19 cemented the reliance upon technology by the industry, our clients and our practice. Hear a practical overview of near-term developments and uses of technology, and also a broader view - to prepare us for the longer haul.

    Keith H. Mullen, Shackelford, Bowen, McKinley & Norton, LLP - Dallas, TX

  • 3:50 pm
    Adjourn

  • Residential Lending (included with webcast registration and prerecorded sessions will be placed in "Your Briefcase")
    Presiding Officer:
    Christopher W. Christensen, PeirsonPatterson, LLP - Dallas, TX
  • SPECIAL NOTICE: Below are the prerecorded Residential Lending sessions that will be available in "Your Briefcase" on the first day of the conference.
    These sessions provide an additional 3.25 hrs(including 0.25 hr ethics) of accredited MCLE credit.

  • 0.50 hr
    COVID-19 Mortgage Compliance Issues
    A legal and regulatory update for mortgage companies and mortgage divisions of banks in a constantly changing environment. 

    Troy Garris, Garris Horn LLP - Dallas, TX

  • 0.75 hr
    Bringing Real Estate into the Digital Age
    The shift is underway to bring buying, selling, and financing a home into the always-on, tech-enabled world. Hear the ins and outs of making this vision a reality and how it will transform the future of real estate.

    Jackie Mohr, Zillow Group - Scottsdale, AZ

  • 0.75 hr
    Marital Property 
    Discuss how divorce can affect the real estate transaction including the basics of homestead rights and community property.

    Shari Rios, National Title Group - Rockwall, TX

  • 0.50 hr
    ​Current Trends in Single & Multifamily Servicing Litigation
    Examining the pre-COVID and current litigation trends impacting single family and multifamily residential servicers. The flood of COVID cases hasn’t hit yet, but raindrops are falling.

    Bradley J. Purcell, Reed Smith LLP - Dallas, TX

  • 0.75 hr
    0.25 hr ethics
    Bringing More “E” Into Your Office
    How to leverage Remote Online Notarization (RON) and eRecording into your closing process.

    Ben Sherman, SYNRGO - Brea, CA

Conference Faculty

Katharine Battaia Clark

Thompson Coburn LLP
Dallas, TX

Lorin Williams Combs

Winstead PC
Austin, TX

Rachel M. Dollar

Smith Dollar PC
Santa Rosa, CA

Robert F. DuBois III

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

Celia Flowers

Flowers Davis, P.L.L.C., East Texas Title Companies
Tyler, TX

Robert D. Forster II

Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX

Troy Garris

Garris Horn LLP
Dallas, TX

Amanda R. Grainger

Winstead PC
Dallas, TX

Benjamin F.S. Herd

Thompson & Knight LLP
Dallas, TX

Niles W. Holmes

Niles Holmes, P.C.
Dallas, TX

Luke E. Kraus

Barton Benson Jones PLLC
San Antonio, TX

Dawn M. Lewallen

First American Title Insurance Company
Houston, TX

Jerry L. Lott Jr.

Winstead PC
Austin, TX

Roland Love

Independence Title Company
Dallas, TX

Holly E. Magliolo

Winstead PC
Dallas, TX

Will McIntosh

Global Head of Research, USAA Real Estate
San Antonio, TX

John Mark McPherson

McPherson LawFirm, PC
Dallas, TX

Mary S. Mendoza

Haynes and Boone, LLP
Austin, TX

Jackie Mohr

Zillow Group
Scottsdale, AZ

Dawn Moore

Allegiance Title Company
Dallas, TX

Keith H. Mullen

Shackelford, Bowen, McKinley & Norton, LLP
Dallas, TX

Kent Newsome

Greenberg Traurig, LLP
Houston, TX

Paul D. Pruitt

Title Resources Guaranty Company
Austin, TX

Bradley J. Purcell

Reed Smith LLP
Dallas, TX

Blair Moore Raggio

Allegiance Title Company
Dallas, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Shari Rios

National Title Group
Rockwall, TX

Matthew M. Sanderson

Cuccia Wilson, PLLC
Dallas, TX

Richard S. Schmidt

The Claro Group
Corpus Christi, TX

Ben Sherman

SYNRGO
Brea, CA

Jared Slade

Alston & Bird LLP
Dallas, TX

Jonathan Thalheimer

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

J. Richard White

Winstead PC
Dallas, TX

Planning Committee

Christopher W. Christensen—Co-Chair

PeirsonPatterson, LLP
Dallas, TX

Niles W. Holmes—Co-Chair

Niles Holmes, P.C.
Dallas, TX

April Rogers—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

Amanda R. Grainger

Winstead PC
Dallas, TX

Mary S. Mendoza

Haynes and Boone, LLP
Austin, TX

Brian Thompson Morris

Winstead PC
Dallas, TX

Kent Newsome

Greenberg Traurig, LLP
Houston, TX

Chris A. Peirson

PeirsonPatterson, LLP
Dallas, TX

Grace Powers

Wells Fargo Bank
Los Angeles, CA

Brian C. Rider

The University of Texas School of Law
Austin, TX

Jared Slade

Alston & Bird LLP
Dallas, TX

Credit Info

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.
UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
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 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.
Please use the course approval number listed for this conference to self-report your ACE Appraiser credit to TALCB. For more information, visit: https://www.talcb.texas.gov/

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

Live Webcast – Sep 17-18, 2020
Conference Concluded
Austin - CANCELED – Sep 17-18, 2020 – AT&T Conference Center
Conference Concluded
Buy
Live Webcast
Last day for cancellation (full refund): Sep 11, 2020

$50 processing fee applied after this date

Last day for cancellation: Sep 14, 2020

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