Steven P. WattenSteven Watten Clark Hill
Steven P. Watten
Steve’s practice is concentrated in complex commercial and residential real estate lending and servicing matters and corporate (private for-profit and non-profit) matters locally and nationally. The scope of his practice covers both transactional and litigation related projects. He also has broad experience in consumer law matters.
He is Board Certified in Commercial Real Estate Law and Property Owner’s Association Law by the Texas Board of Legal Specialization.
- In real estate and corporate matters, he represents 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, partnerships, and property owner’s associations.
- 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 matters, 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.
- He represents numerous entities who service commercial and residential real estate loans. His concentration is in the representation of money center financial institutions, mortgage companies, GSEs and non-bank 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 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
- A significant portion of his real estate practice is concentrated on property owner association law, where he represents commercial (mixed and single purpose) developers and declarants in connection with lien priority and enforcement issues and residential (single family, townhome and condominium) property owners associations in creation, governance and lien enforcement. He also represents lenders in connection with lien priority and enforcement issues.
- He represents money center financial institutions in connection with the enforcement and litigation of matters regarding consumer lending, such as foreclosures, replevins, sequestration, collections, and a host of other residential lending issues.