Steven P. WattenSteven Watten Clark Hill
Steven P. Watten
Steve has extensive experience in transactional and litigation areas. His practice is concentrated in complex commercial and residential real estate matters and corporate (private for-profit and non-profit) matters locally and nationally.
He has been Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization since 1989, and is currently a candidate for Board Certification in Property Association Law.
- Steve has broad experience in representing entities and individuals, locally and nationally, in the acquisition, financing, development, construction, leasing, disposition, foreclosure, ownership and operation of commercial and residential real estate properties of all classes in multiple industries. He also has significant experience in the creation, governance and operation of privately held entities (for-profit and non-profit) such as limited liability companies, joint ventures and partnerships.
LENDING AND SERVICING
- His concentration is in the representation of money center financial institutions, mortgage companies, GSEs and servicing entities in commercial and residential real estate matters involving origination, compliance, loss mitigation, complex and high risk foreclosures, contested foreclosures, sequestration, replevin, litigation and complex mortgage and real estate-related transactions.
- In the commercial lending area he assesses, documents, litigates and resolves legal and business issues surrounding lending and servicing, including CMBS matters, workouts, debt restructures and loan document interpretation and enforcement; lender liability and compliance issues; interpretation and enforcement of PSAs and MLPAs; disputes between senior and junior bondholders and other capital stock participants; structuring and documenting of complex loan and CMBS workouts (A-B notes and other debt structures); and complex and high risk foreclosures, contested foreclosure litigation and the guidance and oversight of the default and loss mitigation process.
RESIDENTIAL MORTGAGE LENDING
- In the residential mortgage lending area he assesses, documents, litigates and resolves legal and business issues surrounding mortgage lending and servicing, including RMBS matters, MERS related issues, POA, HOA and COA disputes, title insurance claims, lien priority issues, repurchase demands, complex and high risk foreclosure prosecution and defense, and other default and loss mitigation related issues; state and federal mortgage lending regulations including CFPB compliance and actions and suits of all kinds; TILA/RESPA, HMDA, QRM (and rulemaking), HAMP, UDAAP, QM and RESPA (including QWR); FCRA and debt collection under FDCPA and state debt collection statutes (as well as dealing with the plaintiff’s bar and consumer advocates); and the origination, sale, and securitization of residential loans along with the regulatory issues and operational compliance incumbent in the process.
- In virtually all areas of his real estate and lending practice he represents insureds (owners and mortgagees) in connection with title review, analysis, claim enforcement, priority issues and curative matters.
PROPERTY OWNERS’ ASSOCIATIONS
- He has unique experience, and pending Certification, in Property Owners’ Association law. He represents lenders in connection with lien priority and enforcement issues as well as commercial and residential property owners associations (mixed and single purpose), including Homeowner’s Associations and Condominium Regimes in creation, governance and lien enforcement.