UT Law CLE

56^th Annual William W. Gibson, Jr.

Mortgage Lending and Servicing Institute

Austin Sep 29-30, 2022 AT&T Conference Center
Conference Concluded

Live Webcast Sep 29-30, 2022
Conference Concluded

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Overview

UT Law CLE's 56th 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 seller financing, LIBOR to SOFR transition, bankruptcy, and developments in real estate underwriting.
Dr. Perryman joins us to discuss his latest projections for the US and Texas economies, including forecasts for employment and other measures of business activity as well as the outlook for real estate markets.
Update on Mechanics Liens and 2021 Amendments to Chapter 53 of the Texas Property Code
Three hours of ethics credit including, Attorney Title Opinion Letters in a GSE World, Ethics of Practicing Law Remotely, and Ethics of Data Breaches.

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

Program is subject to change.
All times are Central Time Zone.

Day 1 September 29, 2022
Day 2 September 30, 2022

Time

Credit

Subject

Speaker
Thursday Morning
Presiding Officer:
Christopher W. Christensen, PeirsonPatterson, LLP - Dallas, TX
7:30 am
Austin Only

Registration Opens

Includes continental breakfast.
8:30 am

Welcoming Remarks
8:40 am

0.75 hr

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
9:25 am

0.75 hr

Update on Mechanics Liens and 2021 Amendments to Chapter 53 of the Texas Property Code

The 2021 Legislature made substantial changes to Chapter 53 of the Texas Property Code. Hear an overview of the 2021 legislative changes governing the requirements for perfecting a mechanics’ lien on real property in Texas.

Steven E. Kennedy, McGuire, Craddock & Strother, P.C. - Dallas, TX
10:10 am

0.50 hr

If You Want to Make Your Existing Condominium Financeable Again

Financing requirements for condominium regimes have recently changed in response to the tragedy of the Surfside condominium collapse in 2021. Discuss these recent changes and provide tips on how to comply with the revised financing requirements.

Preston Patten, Winstead PC - Austin, TX
Kristi Stotts, Winstead PC - Austin, TX
10:40 am

15-Minute Break
10:55 am

0.75 hr

The Real [Bankruptcy] Estate: Bankruptcy Must Knows for Real Estate Professionals

Gain insight into important information that real estate lawyers and other real estate professionals should know about bankruptcy; from dirt-for-debt to bar dates and important notices.

Genevieve M. Graham, Jackson Walker LLP - Houston, TX
Veronica A. Polnick, Jackson Walker LLP - Houston, TX
11:40 am

1.00 hr ethics

Attorney Title Opinion Letters in a GSE World

FNMA has recently followed FHLMC to permit the use of Attorney Title Opinion Letters as an alternative to title insurance in specific and limited circumstances. This presentation will assist counsel to understand what these “AOL” are and what protection they provide. In addition, what are the benefits and criticisms?

Roland Love, Independence Title Company - Dallas, TX
12:40 pm
Austin Only

Pick up Lunch (in Austin)

Included in registration.
Thursday Afternoon
Presiding Officer:
Amanda R. Grainger, Winstead PC - Dallas, TX
LUNCHEON PRESENTATION
1:00 pm

1.00 hr

The Outlook for the US and Texas Economies

Dr. Perryman will discuss his latest projections for the US and Texas economies, including forecasts for employment and other measures of business activity as well as the outlook for real estate markets. Key trends will be described, including inflation, supply chain issues, population shifts, and the energy sector.

M. Ray Perryman, The Perryman Group - Waco, TX
2:00 pm

15-Minute Break
2:15 pm

0.50 hr

Easement Appurtenant

Easement may be created by express grant, condemned for public use, reservation, dedication, and in a variety of other ways. Focus on the narrow topic of easements appurtenant. Examine: (1) the definition and nature of easement rights; (2) how an appurtenant easement is different from an easement in gross, license and profit a prendre; (3) the requirements for the grant of an appurtenant easement; (4) the purpose, location and use of appurtenant easement; (5) how appurtenant easements might be terminated; and (5) what easements title insurance affirmatively insures.

Dawn M. Lewallen, First American Title Insurance Company - Houston, TX
2:45 pm

10-Minute 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 A: Advanced Commercial Lending Track
Presiding Officer:
Amanda R. Grainger, Winstead PC - Dallas, TX
2:55 pm

0.75 hr

Picking Your Poison: When and How to Seek Appointment of a Receiver for Borrower Defaults

Non-judicial foreclosure in Texas is relatively quick and cheap. A receivership proceeding is rarely either. Be careful before you ask for a receiver because you might you might just get one.

Thomas M. Whelan, McGuire, Craddock & Strother, P.C. - Dallas, TX
3:40 pm

0.75 hr

Lender Liability: Yes, That’s Still a Thing

A discussion of lender liability theories and the current state of the law, including the recent Bailey Tool decision.

Jason Enright, Winstead PC - Dallas, TX
Phillip Lamberson, Winstead PC - Dallas, TX
Joe Wielebinski, Winstead PC - Dallas, TX
4:25 pm

0.50 hr

Financeability of Documents

Explore financeability requirements for documents in commercial real estate financing.

Niles W. Holmes, Niles Holmes, P.C. - Dallas, TX
Track B: Residential Track
Presiding Officer:
John Fleming, Law Office of John Fleming - Austin, TX
2:55 pm
Austin Only

0.75 hr

Future Legal Issues for Lending Counsel

Cover anticipated Texas legislation in 2023, including extensive UCC amendments relating to digital assets, and home equity legislation; recent attorney general opinions impacting foreclosure; and other late breaking legislative and administrative developments impacting mortgage lending.

John Fleming, Law Office of John Fleming - Austin, TX
3:40 pm
Austin Only

0.75 hr

Claims Against Real Estate Agents and Brokers

A discussion on the different types of claims against agents and brokers, current trends in the marketplace, and risk avoidance.

Craig Dowis, Thompson Coe - Dallas, TX
4:25 pm
Austin Only

0.50 hr

Employment Issues Around a Work From Home Work Force

In 2022, more and more employees are moving to a work from home environment, whether on a full-time or part-time basis. While this arrangement can have many benefits for employees, there are some legal risks and considerations for employers including wage and hour, workers compensation, taxation, privacy, and productivity concerns. This session will explore the increase in the work from home phenomena and the inherent legal risks for employers.

Fred Gaona, Frost Brown Todd LLC - Dallas, TX
4:55 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning
Presiding Officer:
Brian C. Rider, The University of Texas School of Law - Austin, TX
8:00 am
Austin Only

Conference Room Opens

Includes continental breakfast.
8:30 am

0.75 hr

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

0.50 hr

Developments in Real Estate Underwriting Related to Climate Change

Explore the real and future impacts which are happening in underwiring standards in commercial real estate lending, investing, and purchase/sale transactions as a result of laws, regulations and private decisions made by organizations which are sources of capital – in the name of climate change. Review laws, regulations, executive orders and proposed regulations impacting real estate and real estate financing, again in the name of climate change.

Brian C. Rider, The University of Texas School of Law - Austin, TX
9:45 am

1.00 hr ethics

The Ethics of Practicing Law Remotely

How to ethically navigate the online practice of law post-Covid.

Carrie Johnson Phaneuf, Cobb Martinez Woodward PLLC - Dallas, TX
10:45 am

15-Minute Break
11:00 am

0.50 hr

Transition to SOFR

A discussion of the transition from LIBOR to SOFR (or other base variable rates).

Jonathan Thalheimer, McGuire, Craddock & Strother, P.C. - Dallas, TX
11:30 am

0.50 hr

Hot Topics and Quick Tips

Hear about recent developments and hot topics in mortgage lending 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
12:00 pm

1.00 hr ethics

Ethical Obligations in Mitigating and Responding to a Data Breach

Over the past decade, legislatures in Colorado, California, Virginia, etc. and regulators in the European Union have promulgated various data protection laws and practices that have caused much confusion to both lawyers and non-lawyers on how to lawfully respond to a data breach. These laws have presented statutory requirements companies must abide by in order to respond to and remedy security breaches, and within these requirements, are ethical obligations counsel must uphold. This presentation will discuss the ethical obligations Texas counsel must abide by in order to respond to data breaches in accordance with the Texas Disciplinary Rules of Conduct.

Skyla R. Banks, Amplitude, Inc. - Dallas, TX
Arielle S. Comer, Ryan Law - Dallas, TX
Lillie Jackson, Morgan Lewis & Bockius, LLP - Dallas, TX
1:00 pm

Adjourn

Day 1 September 29, 2022
Day 2 September 30, 2022

Download Schedule

Conference Faculty

Skyla R. Banks

Amplitude, Inc.
Dallas, TX

Arielle S. Comer

Ryan Law
Dallas, TX

Craig Dowis

Thompson Coe
Dallas, TX

Robert F. DuBois III

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

Jason Enright

Winstead PC
Dallas, TX

John Fleming

Law Office of John Fleming
Austin, TX

Fred Gaona

Frost Brown Todd LLC
Dallas, TX

Genevieve M. Graham

Jackson Walker LLP
Houston, TX

Amanda R. Grainger

Winstead PC
Dallas, TX

Niles W. Holmes

Niles Holmes, P.C.
Dallas, TX

Lillie Jackson

Morgan Lewis & Bockius, LLP
Dallas, TX

Steven E. Kennedy

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

Phillip Lamberson

Winstead PC
Dallas, TX

Dawn M. Lewallen

First American Title Insurance Company
Houston, TX

Roland Love

Independence Title Company
Dallas, TX

Preston Patten

Winstead PC
Austin, TX

M. Ray Perryman

The Perryman Group
Waco, TX

Carrie Johnson Phaneuf

Cobb Martinez Woodward PLLC
Dallas, TX

Veronica A. Polnick

Jackson Walker LLP
Houston, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Kristi Stotts

Winstead PC
Austin, TX

Jonathan Thalheimer

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

Thomas M. Whelan

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

J. Richard White

Winstead PC
Dallas, TX

Joe Wielebinski

Winstead PC
Dallas, TX

Planning Committee

Christopher W. Christensen—Co-Chair

PeirsonPatterson, LLP
Dallas, TX

Amanda R. Grainger—Co-Chair

Winstead PC
Dallas, TX

April Rogers—Director

The University of Texas School of Law
Austin, TX

Lorin Williams Combs

Aspen Heights Partners
Austin, TX

James L. (Jim) Gosdin

Stewart Title Guaranty Company
Houston, TX

Niles W. Holmes

Niles Holmes, P.C.
Dallas, TX

Nisa Reyes Howard

Keller Home Financial Services
Dallas, TX

Dawn M. Lewallen

First American Title Insurance Company
Houston, TX

Mary S. Mendoza

Haynes 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

Brian C. Rider

The University of Texas School of Law
Austin, TX

Michelle Moore Smith

Jackson Walker LLP
Austin, TX

Thomas M. Whelan

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

Reid Wilson

Wilson, Cribbs + Goren, P.C.
Houston, TX

MCLE Credit

Texas – 11.50 hrs | 3.00 hrs Ethics
Legal Specialization(s): Bankruptcy Law, Consumer 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 Monday. 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

California – 11.50 hrs | 3.00 hrs Ethics

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 must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 14.00 hrs | 3.50 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Pennsylvania – 11.50 hrs | 3.00 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also be required to sign-in at the registration desk if you are attending in-person - please see staff onsite for more details. 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.

Other States – 11.50 hrs | 3.00 hrs Ethics

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. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

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

TX Accounting CPE – 14.00 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 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.

TX Real Estate Commission (TREC) – 11.50 hrs

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

Texas – 11.50 hrs | 3.00 hrs Ethics
Legal Specialization(s): Bankruptcy Law, Consumer Law, Real Estate Law

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.

California – 11.50 hrs | 3.00 hrs Ethics

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.

Oklahoma – 14.00 hrs | 3.50 hrs Ethics

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.

Pennsylvania – 11.50 hrs | 3.00 hrs Ethics

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.

Other States – 11.50 hrs | 3.00 hrs Ethics

Note on Self-Reporting Your Credits in Another State

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

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

TX Accounting CPE – 14.00 hrs

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.

TX Real Estate Commission (TREC) – 11.50 hrs

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. The State Bar of Texas MCLE number will qualify this course for this type of self-reporting credit to TREC. UT Law CLE will provide a Certificate of Attendance once you complete the course.

Key Dates

Austin – Sep 29-30, 2022 – AT&T Conference Center

Conference Concluded

Live Webcast – Sep 29-30, 2022

Conference Concluded

Buy