Lindsay Stansberry was elected to serve as a Director on the Board of Directors of the Smith County Bar Association. Ms. Stansberry's term will run from July 1, 2010, to June 30, 2012.

6/22/2010
Viewpoint of Jason Rodriguez Sought by Associated Press on Bankruptcy Issues
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/062310dnsporangsale_hp.cbb3a89f.html

Jason Rodriguez was consulted by the Associated Press to provide his legal analysis on certain bankruptcy issues faced by the Texas Rangers. On June 22, 2010, Mr. Rodriguez was quoted by the Associated Press for an article which appeared in various newspapers around the country, including the Dallas Morning News, in connection with recent ruling by the bankruptcy court relating to the Texas Rangers pre-packaged bankruptcy plan and proposed sale. The bankruptcy court's ruling will effectively ensure that the Texas Rangers will modify the proposed bankruptcy plan currently filed by the Texas Rangers. To read the entire article, please go to the link above.

6/10/2010
Mark Cronenwett Obtains Summary Judgment for Lender on Wrongful Foreclosure Suit

In this wrongful foreclosure suit, the plaintiffs contested the authority of several lenders to foreclose on home-equity liens because the originator of the loans, Long Beach Mortgage, was not an authorized home-equity lender in Texas at the time the loans were closed. The court granted summary judgment, holding, first, that Long Beach cured any defects by subsequently obtaining a license to originate home-equity loans in Texas, and second, that Plaintiffs’ claims were barred by the four-year limitations period for contesting the legality of home-equity closings.

6/9/2010
Mark Cronenwett Negotiates Settlement on Borrower’s Claim for Wrongful Foreclosure

On behalf of the lender, Mark Cronenwett successfully negotiated the settlement of a borrower’s claim for wrongful foreclosure in a dispute wherein the foreclosure firm misplaced the check for the borrower’s down payment on a forbearance agreement.

6/9/2010
Tim Woods Successfully Settles Case During Trial

On June 9, 2010, Tim Woods successfully represented the plaintiff (in a pro bono case) in a trial involving claims for breach of contract, fraud, and deceptive trade practices. After the plaintiff rested, the judge strongly urged the Defendants that it would be in their best interest to settle the claim. At that point, Mr. Woods was able to negotiate a favorable settlement for his client before the trial concluded.

6/8/2010
Mark Cronenwett Obtains Summary Judgment in Mortgage Suit

The borrower in this residential mortgage case contested the authority of Mortgage Electronic Registration Systems to effectuate assignments of a deed of trust interest of a prior noteholder. Relying upon §51.0001 of the Texas Property Code, the court granted the motion for summary judgment filed by Mr. Cronenwett, acknowledging the authority of MERS to convey deed of trust interests for their clients.

6/4/2010
Patrick Lloyd Closes Aircraft Loan

On June 4 2010, Patrick Lloyd closed an $850,000 commercial aircraft loan secured by an Agusta A109 II helicopter.

5/24/2010
Daniel Paz To Speak at Irving, Texas Crime-Free Seminar
http://cityofirving.org/police/crime-free-multi-housing-program.html

On July 7, 2010, at 9:00 a.m., Daniel Paz will speak at the Irving Police Department’s Crime-Free Seminar held in Irving, Texas. The program is designed to assist landlords, property managers, leasing agents, and homeowners to minimize crime in and around their properties, and to provide assistance in making multi-family dwellings and single-family rental homes safe and desirable places to live. The seminar provides instruction on proper screening techniques for prospective tenants, tips for strengthening the lease contract, and other related issues, such as understanding eviction procedures. For more information, go to the link provided above.

5/21/2010
Jeff Mitchell and Laura Tapply Close Revolving Line of Credit Loan Transaction

On May 21, 2010, Jeff Mitchell and Laura Tapply closed a revolving line of credit secured by real estate in Harris County, Texas.

5/13/2010
Patrick Lloyd and Ryan Foster Close $1,900,000.00 Refinancing Loan

On May 13, 2010, Patrick Lloyd and Ryan Foster represented the lender in the closing of a $1,900,000.00 refinancing loan on a 118 unit apartment project in Dallas County, Texas.

5/13/2010
Tim Woods Obtains Favorable Ruling in DTPA Case

Tim Woods was able to obtain a favorable ruling for a client who was sued for violations of the Texas Deceptive Trade Practices -Consumer Protection Act. The ruling called for payment from the client in an amount substantially less than the client had offered in settlement prior to the trial.

5/12/2010
Patrick Lloyd and Ryan Foster Represent Buyer in Closing of Commercial Real Estate Purchase

On May 12, 2010, Patrick Lloyd and Ryan Foster represented the buyer in closing the purchase of a 5.5 acre parcel of commercial real estate in Collin County, Texas.

5/11/2010
Jeff Mitchell and Laura Tapply Close Commercial Loan Transaction

On May 11, 2010, Jeff Mitchell and Laura Tapply closed a $2,000,000.00 construction loan to construct an approximately 12,000 square foot retail building in the Dallas/Fort Worth metroplex.

5/11/2010
Tim Woods Wins Summary Judgment on Behalf of Bank Client

After filing suit on behalf of a bank client against a borrower and guarantor for default of a commercial loan, Tim Woods successfully obtained summary judgment against the borrower and guarantor on May 11, 2010, for all amounts owed under the loan documents, plus attorney's fees.

5/11/2010
Jennifer Owen and Kristen Cook Win Summary Judgment Against Loan Guarantors

After Ms. Owen and Ms. Cook filed suit on behalf of a lender client against a loan borrower and guarantors for the unpaid loan balance after foreclosure of the collateral, the borrower and guarantors counterclaimed for wrongful foreclosure and challenged the deficiency amount sought by the lender. The guarantors challenged the suit by contending that that they had not received proper notice of the claims and an opportunity to cure, and that they had not waived their rights to challenge the deficiency suit pursuant to Section 51.005 of the Texas Property Code. Ms. Owen and Ms. Cook were able to defeat the guarantors' claims for wrongful foreclosure and their challenges under the deficiency statute, and obtained a summary judgment against the guarantors for the unpaid loan balance.

5/7/2010
Jeff Mitchell and Laura Tapply Close Commercial Loan Transaction

On May 7, 2010, Jeff Mitchell and Laura Tapply closed a $4,100,000.00 acquisition loan for an approximately 362 unit apartment complex in the Dallas/Fort Worth metroplex. The loan also included funds to rehabilitate and renovate the property.

5/7/2010
Jeff Mitchell and Laura Tapply Close Commercial Loan Transaction

On May 7, 2010, Jeff Mitchell and Laura Tapply closed a $1,160,000.00 acquisition and construction loan to acquire property and construct a retail building thereon in Collin County, Texas.

5/5/2010
Jeff Mitchell Closes Commercial Loan Transaction Secured by Chattel Paper

On May 5, 2010, Jeff Mitchell closed a revolving line of credit loan secured by chattel paper, including retail installment contracts to purchase manufactured homes.

5/5/2010
Mark Cronenwett Gives Presentation on Wrongful Foreclosure

On May 5, 2010, Mark Cronenwett gave a presentation on wrongful foreclosure litigation to the Solo and Small Firm Section of the Dallas Bar Association. The presentation focused on common issues and current trends in foreclosure litigation, and addressed such issues as: identifying the proper party to the suit when there are note holder trusts and/or loan servicers; removing to federal court; and determining the proper claims and/or defenses for the litigation.

5/3/2010
Mark Cronenwett Obtains Summary Judgment for Bank on Anti-Deficiency Claims

Mark Cronenwett obtained a summary judgment on behalf of the bank, arguing that the anti-deficiency clause in the guaranty barred the guarantor from using the property’s fair market value to offset the amounts owed on the guaranty.

4/28/2010
Patrick Lloyd and Ryan Foster Close $1,200,000.00 Loan

On April 28, 2010, Patrick Lloyd and Ryan Foster closed a $1,200,000.00 loan transaction secured by general intangibles.

4/23/2010
Jeff Mitchell and Laura Tapply Restructure Builder Line of Credit

On April 23, 2010, Jeff Mitchell and Laura Tapply successfully restructured a $5,000,000.00 line of credit to a builder group.

4/23/2010
Jeff Mitchell and Laura Tapply Restructure Multi-Million Dollar Credit Facilities

On April 23, 2010, Jeff Mitchell and Laura Tapply successfully restructured in excess of $10,000,000.00 of revolving and term facilities to a borrower group. The transaction involved collateral of various types, including personal property and vehicles, as well as subordinate debt to multiple parties.

4/16/2010
Jeff Mitchell Assists Client With Sale of Distressed Asset

On April 16, 2010, Jeff Mitchell assisted one of the firm's banking clients consummate the sale of distressed asset, specifically a non-performing note secured by a retail center in Denton County, Texas.

3/29/2010
Patrick Lloyd and Ryan Foster Close $9,200,000.00 Loan

On March 29, 2010, Patrick Lloyd and Ryan Foster closed a $9,200,000.00 loan secured by commercial real estate in Dallas County, Texas.

3/29/2010
Patrick Lloyd and Ryan Foster Close $3,500,000.00 Loan

On March 29, 2010, Patrick Lloyd and Ryan Foster closed a $3,500,000.00 loan transaction secured by general intangibles.

3/22/2010
Higier Allen & Lautin, P.C. Attorneys named 2010 “Rising Stars”

Congratulations to Stefan Zane, Stacy Welch, Kristen Cook, Lindsay Stansberry, and Michael Allen. They were recently named 2010 “Rising Stars” by Texas Super Lawyers published by Texas Monthly magazine. Stefan was named a “Rising Star” in the area of Banking law, Stacy was named a “Rising Star” in the area of Business/Corporate law, Kristen and Lindsay were named “Rising Stars” in the area of Business Litigation, and Michael was named a “Rising Star” in the area of Real Estate law.

3/17/2010
Mark Cronenwett Obtains Summary Judgment in Mortgage Fraud Suit

In this mortgage fraud lawsuit, Mark Cronenwett obtained a summary judgment for the mortgagee, allowing the mortgagee to foreclose on its lien based on the bona fide mortgage defense.

3/9/2010
Mark Cronenwett Obtains Summary Judgment in Suit Over Easements Filed Subsequent to Mortgage Lien

Mark Cronenwett obtained a summary judgment in a lawsuit wherein the mortgagor argued that his easements and other encumbrances on the subject parcel (which he had recorded after the recording of deed of trust) survived foreclosure. The summary judgment obtained by Mr. Cronenwett declared void these exceptions to title, clearing the way for the property’s sale.

3/9/2010
Patrick Lloyd and Ryan Foster Close $4,000,000.00 Construction Loan

On March 9, 2010, Patrick Lloyd and Ryan Foster closed a $4,000,000.00 loan to finance the construction of a 19,600 square foot medical office building in Collin County, Texas.

1/25/2010
Stuart Lautin to Teach Course “Insight into Commercial Contracts”
http://www.ntcar.org/ProgramSUB/Education%20Forms/2010/Feb2010-Insight%20into%20Contracts/Feb2010InsightintoCommercialContracts.html

On February 18, 2010, Stuart Lautin will teach a course entitled “Insight into Commercial Contracts.” The course will include such topics as contract formation, breach, and calculation of damages; key statutory provisions; and issues relative to the Texas margin tax. The course will be held at 6504 International Parkway, Suite 1000, Plano, Texas, Conference Room F, from 8:30 a.m. – 5:35 p.m. Please visit the link above for more information.

1/15/2010
Mark Cronenwett to Give Presentation on Mortgage and Wrongful Foreclosure Litigation

Mark Cronenwett will give a presentation to the Dallas Bar Association Solo and Small Firm Section at 12:00 p.m. on Wednesday, May 5, 2010, on mortgage and wrongful foreclosure litigation. The presentation will be held at the Belo Mansion, 2101 Ross Avenue, Dallas, Texas. For more information, please contact the Dallas Bar Association.

1/15/2010
Stuart Lautin Authors Article for the North Texas Commercial Association of Realtors and Real Estate Professionals
http://www.ntcar.org/pdfs/Misc/Counsel%20corner-%20Stuart%20Lautin.pdf

Stuart Lautin authors article "Downside to Forming a New Entity" for the North Texas Commercial Association of Realtors and Real Estate Professionals. The article appeared on the association's website and E-News bulletin.

1/15/2010
Jennifer Owen to Conduct Apartment and Rental Housing Legal Seminars

On February 23, 2010, and March 30, 2010, Jennifer Owen will be an instructor at the "Apartment and Rental Housing Legal Seminars" sponsored by the Apartment Association of Greater Dallas. The seminars focus on changes in management practices required by new laws passed during the last legislative session and updates on key regulatory issues that affect property management. The 2010-2011 Texas Apartment Association REDBOOK will be featured. For more information about these seminars and MCE credits, contact the Apartment Association of Greater Dallas, or call the Texas Apartment Association at (512) 479-6252.

12/2/2009
Mark Cronenwett Successfully Wins Appeal to Fifth Circuit Court

In this appeal of a home equity case, Mark Cronenwett successfully defended a trial court ruling he had obtained on behalf of a lender client. The Fifth Circuit affirmed the District Court’s ruling that yield spread premiums are not chargeable as closing costs under the Texas Constitution’s 3% cap on closing costs.

11/23/2009
Mark Cronenwett Obtains Summary Judgment for Lender in Suit Brought Regarding Ownership of Note

Mark Cronenwett obtained a summary judgment on behalf of a lender client in a lawsuit wherein the borrower alleged that the lender (who was seeking to foreclose on the borrower’s property) could not prove ownership of the subject note.

11/9/2009
Laura Keith Tapply Joins Firm

Higier Allen & Lautin welcomes the addition of Laura Keith Tapply as an associate in the banking and lending section.

10/1/2009
Tim Vineyard and Kristen Cook Successful in Pursuit of Multi-Million Insurance Claim

Tim Vineyard and Kristen Cook diligently pursued a multi-million insurance claim on behalf of a client. The claim was factually complicated and required substantial investigation into the nature and cause of the client's injury, but after determined pursuit of the claim, Tim and Kristen obtained payment on behalf of the client.

10/1/2009
Kristen Cook Successful in Negotiating Release of Lien with IRS

Kristen Cook successfully negotiated the release of a lien placed on a client’s real property by the Internal Revenue Service. The IRS was seeking to levy on such lien in satisfaction of a third party debt. After negotiating with the IRS, Kristen was able to have the lien removed from the client’s property.

9/22/2009
Tim Woods Successfully Defends Multimillion Dollar Claim and Client is Awarded Attorneys' Fees

After first obtaining a summary judgment for his client, the defendant in a brokerage fraud claim lawsuit on October 23, 2008, Tim Woods obtained a rare verdict awarding attorneys' fees to the defendant in February, 2009. Mr. Woods' client also received a judgment against a co-defendant on a claim on an indemnity agreement. The plaintiffs incurred almost seven times the attorneys' fees that Mr. Woods' client incurred in the matter.

9/22/2009
Tim Woods Wins Lawsuit Against Multibillion Dollar Defendant Group

Tim Woods won a bench trial in May, 2009, in which he represented the plaintiff in a suit on a guaranty. The suit was against members of a multibillion dollar national company group and involved deficiency and carve-out issues relative to the guaranty agreement. The defendant was represented by a national law firm and paid more than twice the fees incurred by the successful plaintiff in the case.

9/11/2009
Stuart Lautin and Kristen Cook Successfully Negotiate Medical Office Lease

Stuart Lautin and Kristen Cook successfully negotiated a 5 year medical office space lease with a construction finish out allowance in Denton, Texas.

9/10/2009
Stuart Lautin to Teach Course "Commercial Contracts from a Legal Perspective at the 2009 Texas REALTORS® Convention and Trade Expo
Monday, September 14, 2009, 2:00 p.m.-5:00 p.m. Dallas, Texas

Stuart Lautin will be teaching the course, “Commercial Contracts from a Legal Perspective” for the Texas Association of REALTORS® at the 2009 Texas REALTORS® Convention and Trade Expo. This course will provide an analysis of contract issues from a legal and business perspective, and include the following topics: i) an overview of leases, including the formation and breach of same, remedies for breach, and calculation of damages; ii) Texas key statutory provisions, including relevant provisions in the occupations, business, and commerce codes; and iii) Texas business organizations code provisions, including changes to Texas business entities and the new margins tax. Mr. Lautin will also provide discussion on the practical application of the information learned in the course. For more information, contact the Texas Association of REALTORS®, (800) 873-9155.

9/2/2009
Mark Cronenwett and Lindsay Stansberry win Summary Judgment

In a wrongful foreclosure case, Mark Cronenwett and Lindsay Stansberry won summary judgment where the plaintiff alleged that the lender's foreclosure of residential property was unlawful because it allegedly could not produce the original executed promissory note. Mr. Cronenwett and Ms. Stansberry filed a motion for summary judgment, arguing that the client has no obligation under Texas or federal law to produce the original note as a condition of foreclosure. The trial court agreed and granted summary judgment in our client's favor.

8/1/2009
Welcome Jason Rodriguez

Jason Rodriguez has joined Higier Allen & Lautin as an associate in the bankruptcy section.

8/1/2009
Welcome April Terry

April Terry has joined Higier Allen & Lautin as a shareholder in the commercial litigation section with a focus on representing financial institutions and technology companies.

7/30/2009
Patrick LLoyd and Ryan Foster Close Multi-Property Refinancing

Patrick Lloyd and Ryan Foster closed refinancing on portfolio of 11 commercial properties and acquisition financing on commercial retail building in Dallas County, Texas.

6/30/2009
Patrick Lloyd and Ryan Foster Close Multi-Million Dollar Construction Loan

Patrick Lloyd and Ryan Foster closed $13,000,000 loan facility financing the construction of a multi-family project in Harris County, Texas, additionally secured by out-of-state collateral, and with multi-state parties and subordinated financing.

6/17/2009
Stuart Lautin Assists in Sale of Real Property in Allen, Texas to Fortune 500 Company, Cisco Systems, Inc.
http://www.dallasnews.com/sharedcontent/dws/bus/stories/061009dnbusciscoallen.64494440.html

Stuart Lautin recently assisted in the sale of approximately 34 acres of real property in Allen, Texas, west of North Central Expressway, to the worldwide internet and telecommunications firm, Cisco Systems, Inc. Cisco Systems, Inc. intends to build a $184 million data center facility on the property. Work on the project, which will create 100 to 125 new jobs, is expected to commence later this year. For more information, please visit the link above.

6/17/2009
Stuart Lautin and Kristen Cook to Conduct Course on Commercial Contracts in August 2009

On August 27 and 28, 2009, Stuart Lautin and Kristen Cook will be conducting a course on commercial contracts for the North Texas Commercial Association of Realtors. On August 27, 2009, Stuart Lautin will present “Insight into Commercial Contracts.” On August 28, 2009, the topic will be “Legal Update and Ethics,” and will be presented by Stuart Lautin and Kristen Cook. The two-day course will satisfy 15 total MCE hours with 3 Legal hours and 3 Ethics hours. The Legal and Ethics courses are also current TREC required courses, and meet TREC’s current legal hours requirements for license renewal.

6/17/2009
Daniel Paz Speaks at Irving, Texas Crime-Free Seminar
http://cityofirving.org/police/crime-free-multi-housing-program.html

Daniel Paz is a regular speaker at the Irving Police Department’s Crime-Free Seminar held in Irving, Texas. The program is designed to assist landlords, property managers, leasing agents, and homeowners to minimize crime in and around their properties, and to provide assistance in making multi-family dwellings and single-family rental homes safe and desirable places to live. The seminar provides instruction on proper screening techniques for prospective tenants, tips for strengthening the lease contract, and other related issues, such as understanding eviction procedures. For more information, go to the link provided above.

6/17/2009
Higier Allen & Lautin Attorneys Named 2009 Super Lawyers

Congratulations to Stuart Lautin and Tim Vineyard. Stuart Lautin and Tim Vineyard were recently named 2009 “Super Lawyers” by Texas Super Lawyers published by Law & Politics and Texas Monthly magazines. Stuart practices primarily in the area of commercial real estate and mortgage lending, and Tim practices primarily in the area of bankruptcy and commercial lending.

6/17/2009
Tom Higier Selected as One of the Best Business Lawyers in Dallas, Texas

Tom Higier was recently selected as one of the “Best Business Lawyers in Dallas 2009” in the area of bank lending by D Magazine. Congratulations, Tom.

5/28/2009
Jennifer Owen Conducts Lease Seminar

Jennifer Owen recently conducted a seminar sponsored by the Apartment Association of Greater Dallas entitled, “It’s the Lease You Should Know.” The seminar was geared toward property managers, leasing agents and consultants, and covered issues relative to understanding lease contracts, eviction procedures, security deposit issues, and other related landlord/tenant issues.