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Lawyers Rush to Represent Flood Victims

Written by L.M. Sixel, The Houston Chronicle on October 16, 2017

As seen in The Houston Chronicle. Scores of lawyers, eager to get a piece of what could be the biggest payday since the multibillion dollar Volkswagen emissions settlement, are rushing to sign up thousands of property owners whose homes were damaged by floodwaters released by the Army Corps of Engineers from two Houston-area reservoirs. The Read More…

Potential Remedy for Addicks & Barker Reservoir Release Victims

Written by Jack Carnegie on September 24, 2017

On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused flooding in many areas that run along bayous and rivers. In the early morning hours of August 28, Read More…

Texas Agritourism Act Puts a Cork in Liability for Vineyards

Written by Alex McLean on May 5, 2016

With 350 wineries and over 4,000 acres of producing vineyards, Texas’ wine business is booming.[i] Not only are Texas wine producers making a lot of wine—the state now ranks fifth in American wine production—but they also are attracting a growing number of visitors.[ii] Over 1.6 million visitors to Texas wineries have learned about the grapes, Read More…

Constance Courtney Westfall

Connie Westfall Navigates Environmental Consciousness of Residents, Corporations

Written by Constance Courtney Westfall on July 2, 2015

As appears on Houston Public Media One spring morning in downtown Houston, the state of Texas was holding a public hearing. A waste disposal company was asking for a state permit so the company could expand its landfill in northwest Houston. People who live nearby had concerns. Connie Westfall is an attorney hired by some Read More…

The Texas Legislature May Just Have Rewritten your Real Estate Loans

Written by Stephen A. Roberts on June 24, 2011

ATTENTION LENDERS, LANDLORDS AND COMMERCIAL TENANTS: The Texas legislature just rewrote all real estate loan documents in Texas which include an assignment of rents to the lender (and almost all commercial real estate loans do) when it passed the new Chapter 64 of the Texas Property Code. The Governor signed the bill on June 17, Read More…

When Your Commercial Tenant Faces Bankruptcy: A Primer for Landlords

Written by Stephen A. Roberts on November 11, 2010

The Bankruptcy Code contains a number of provisions specific to nonresidential leases. When the prospect of a tenant’s bankruptcy arises, a landlord should have a basic understanding of these provisions and prepare to move diligently to protect its rights and minimize harm. In bankruptcy, a creditor who sleeps on its rights often loses them. As Read More…

When Your Bank Tenant Fails: Understanding the Pitfalls of FDIC Receivership

Written by Beth Pace Tiggelaar on March 8, 2010

With bank analysts predicting even more bank failures in 2010 than in 2009, landlords of bank tenants may likely feel nervous. Unlike other commercial tenants, failing banks are not subject to the provisions of the Bankruptcy Code. Instead, they are subject to the FDIC receivership process, which affords far fewer protections to landlords. Understanding the Read More…

Success of Short Sales May Fall Short

Written by Mathew A. Thompson & Carolyn Park on July 1, 2009

A short sale is the sale of real estate in which the proceeds of the sale fall short of what the owner/debtor still owes on the mortgage. In a short sale, the owner/debtor sells the mortgaged property for less than the outstanding balance of the loan and then turns over all the proceeds of the Read More…

When The Going Gets Tough, The Tenant Gets Going

Written by Matthew H. Marchant on January 13, 2009

A slowing economy produces a large number of tenants struggling to meet their contractual commitments. To protect their contractual rights and cash flows, Landlords should be on guard against certain activities of their tenants. Many leases contain provisions granting tenants an early termination right at certain intervals during the applicable lease term, with a variety Read More…