Biography

My focus is on real estate law and commercial transactions. My real estate practice is devoted primarily to the acquisition, development, financing and disposition of all product types of commercial real estate. My work in the area of commercial transactions centers on the formation of commercial entities, including corporations, partnerships and limited liability companies; as well as the acquisition, financing and disposition of business enterprises, the preparation of various contracts and agreements, and the representation of my clients in their ongoing business activities. I place high priority on communicating with clarity, striving to understand my clients' perspectives and providing a level of legal expertise that exceeds their expectations.

I am a native Houstonian, the charter president of the Kiwanis Houston Sunrise Club and a past lieutenant governor for the Kiwanis clubs in the greater Houston metropolitan area.

Representative Matters

• Representation of Houston-based development company in connection with purchase to build for resale of lease warehouse, office/service and manufacturing space, including crane-served warehouse buildings, in Houston and surrounding areas, and leasing of existing building portfolio.
• Representation of Houston-based real estate company in development, acquisition and disposition of multi-family and commercial projects in Texas, Louisiana, Florida, and Mississippi.
• Represented a marine parts distribution and e-commerce company in connection with a $10 million preferred equity investment by a division of a publicly-held corporation, with a pre-money valuation for the company of $115 million.

Education

• JD, University of Texas (Order of the Coif)
• BA, Washington University, St. Louis (with Honors)

Affiliations

• Houston Bar Association
• Texas Bar Association
• American Bar Association

Representative Matters

• Assisted individual guarantors in the development, negotiation and implementation of a plan for repayment of approximately $85 million of mortgage indebtedness secured by real property subject to significant declines in value.
• Represented a purchaser in the acquisition and financing of 69,000 SF new construction, office/warehouse facility in Rosenberg, Texas, leased to a subsidiary of a New York Stock Exchange company on absolute triple net basis.
• Acquisition and Repositioning of West Hill Mall, Huntsville, Texas.
• Representation of Texas-based real estate company in acquisition and repositioning of over 2,000,000 square feet of office building product in Houston.
• Representation of Houston-based investor in purchase and disposition of five closed steel plant facilities from a large steel manufacturing company.
• Lead counsel for integrated real estate company in connection with $107 million of private equity investments by multiple institutional investors.
• Representation of a New York-based hedge fund in connection with its $53 million equity investment in a limited partnership for the development of a $275 million 1,000-room Grand Hyatt Convention Center Hotel in San Antonio, Texas.
• Representation of a developer of Holiday Inns and Hampton Inns in all phases of development, from land acquisition through sale.
• Represented Valley Baptist Health System in the acquisition of a 312-bed acute care hospital bought from Tenet Healthcare Corporation.
• Represented doctors in connection with forming practices, purchasing practices and buying into practices.
• Represented a large aviation services company and its predecessors from initial acquisition of the Eastern Airlines spare parts inventory through its IPO.
• Represented Fishing Tools Specialty, Inc., an Odessa, Texas-based specialty tubular threading company in connection with its sale to NS group, Inc. for $125 million.

Publications

Borrowers Beware: Are "Securitized" Loans Really Nonrecourse?
by Timothy J. Heinrich
Texas Lawyer Magazine, March 15, 2004

Presentations

Legal Assistants and Avoiding the Unauthorized Practice of Law
Houston Paralegal Association, August 23, 2006

Awards and Recognitions

• Martindale Hubbell — AV Peer Rated

Alerts

Federal Regulators Release New Policy Statement on Commercial Real Estate Loan Work-Outs
by Bill Boyar & Tim Heinrich
November 6, 2009

On October 30, 2009, the Federal Reserve adopted a new policy statement on commercial real estate loan work-outs, replacing a prior policy statement from 1991. This new statement supports prudent commercial real estate loan work-outs. One of the most significant provisions of this statement is "renewed or restructured loans to borrowers who have the ability to repay their debts according to reasonable modified terms will not be subject to adverse classification solely because the value of the underlying collateral has declined to an amount that is less than the loan balance."

The primary focus of an examiner's review of a commercial loan is directed towards the borrower's ability and willingness to repay the loan, including any support by willing and able guarantors. As such, loans to sound borrowers that are renewed or restructured in accordance with prudent underwriting standards should not be adversely classified or criticized unless well-defined weaknesses exist that jeopardize repayment of the loan.

The policy statement includes a number of examples of commercial real estate loan work-outs, providing illustrations of prudent loan work-outs that would not be subject to adverse loan classification.

Click here for a full copy of the policy statement.