Richard McKinney Shareholder

Richard McKinney practices in the areas of business litigation and creditors’ rights on behalf of the firm’s lender, loan servicing, and pool construction clients. Mr. McKinney has extensive experience representing clients with respect to general contract disputes, deceptive trade practice clients, fair debt collection practice claims, construction disputes, foreclosure litigation and other business claims. Mr. McKinney resolves most of his clients’ disputes through summary judgment and/or mediations, however, Mr. McKinney has first chair experience with numerous jury and bench trials. He appears extensively in state court and federal bankruptcy court representing creditors.

Practice Areas

• Commercial Litigation
• Consumer Bankruptcies
• Banking and Financial Services
• All Aspects of Loan Servicing Litigation

Industries

• Bank and Financial Services
• Loan Servicing
• Pool Construction

Representative Experience

• Represented bank over title dispute and negligent representations
• Represented loan servicing client for bankruptcy stay and discharge violations
• Represented bank for breach of title warranty
• Represented pool company for construction defects and foundation problems
• Represented loan servicing company for home equity loan violations
• Represented home builder for foundation defects
• Represented loan servicer for failure to deliver title after foreclosure
• Represented loan servicer for wrongful foreclosure
• Represented real estate agents for deceptive trade violations

Education

• J.D. from Baylor University Law School, 1984
• Articles Editor, Baylor Law Review
• B.A. from Baylor University, 1973

Bar and Court Admissions

• Texas 1984
• U.S. District Court for the Northern District of Texas
• U.S. District Court for the Eastern District of Texas
• U.S. District Court for the Southern District of Texas
• U.S. District Court for the Western District of Texas
• U.S. Court of Appeals for the Fifth Circuit

Reported Decisions

• In re: Conseco Finance Servicing Corp., 19 S.W.3d 562 (Tex. Civ. App. – Waco 2000)
• Green Tree Servicing, LLC v. ICA Wholesale, 439 S.W.3d 657 (Tex. Civ. App. — Austin 2014)
• Green Tree Servicing, LLC v. Sanders, 2014 WL 2443811 (2014)
• Green Tree Servicing, LLC v. 1997 Circle Ranch, 325 S.W.3d 869 (Tex. Civ App. — Austin 2010)
• Steele v. Green Tree Servicing, LLC, 453 Fed. App. 473 (5^th Cir. 2011)

Previous Professional Experience

• Briefing attorney for Honorable Sidney Fitzwater, Judge of the 298^th District Court