Robert R. Wisner

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713-752-8607
rwisner@craincaton.com

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Experience

Rob Wisner represents banks and other financial services providers ranging from community banks to large multi-state holding companies and finance companies.  His advice and unique expertise on consumer lending forms and procedures are sought not only by financial institutions, but also by forms companies, other law firms and regulators.

Rob is passionate about his documents.  He constantly develops new forms and refines existing ones so that he can efficiently deliver documents customized to each transaction.  Since Rob's entire professional career has been devoted to representing financial services providers, he has a unique ability to draft and negotiate documents that protect his client's interests.

Rob frequently publishes articles, presents seminars and conducts in-house training on Texas and federal consumer compliance and lending.  Since first published in 1992, Mr. Wisner's book, Usury and Texas Credit Laws, has been the "go to" treatise on lending and compliance in Texas.

Consumer Finance

Prepares residential real estate loan documents, including truth in lending and other necessary disclosures.

Drafts consumer credit forms and disclosures, including notes, security agreements, deeds of trust, retail installment contracts, and overdraft checking, credit card, and other open-end credit agreements.

Reviews forms and procedures for compliance.

Conducts training seminars on consumer real estate lending issues for financial institutions, Texas and federal regulators, trade associations (e.g. IBAT and TBA), and legal associations.

Commercial Finance

Documents commercial credit transactions, including real estate loans, warehouse lines of credit, asset based lending, SBA loans, aircraft, ship, and intellectual property secured loans.

• Drafts commercial credit forms, including, commitment letters, authority documentation, loan agreements, security agreements, account control agreements and other forms for forms companies and financial institutions.
• Drafts wire transfer, internet, private banking, check cashing, securities account and other service agreements.
• Serves as a consulting and expert witness with respect to usury and other lending issues.

Workout, Collection and Foreclosure

Designs and reviews notices, letters and procedures for in-house collection efforts.

• Negotiates and drafts workouts of existing credits.
• Works with litigators in collection and bankruptcy proceedings.
• Defends lender liability and consumer compliance issues, including class action lawsuits.
• Conducts non-judicial foreclosures.

Certifications

Board Certified, Commercial Real Estate Law, Texas Board of Legal Specialization, 1986 to date

• Board Certified, Residential Real Estate Law, Texas Board of Legal Specialization, 1986 to date

Associations/Affiliations

Member, State Bar of Texas
    - Fellow, Texas Bar Foundation

• Director, Texas Association of Bank Counsel.
• Member, Texas Consumer Credit Commissioner’s Task Force on drafting Plain Language Consumer Credit Contracts
• Member, College of the State Bar of Texas, 1991 to date
     - Endowment Fund Scholar of State Bar College
• Member, Texas College of Real Estate Attorneys
• Member, Conference on Consumer Finance Law
• Member, Houston Bar Association
     - Fellow, Houston Bar Foundation
• Member, American Bar Association

    Business Law Section

    Committee on Consumer Financial Services

    Subcommittees on Truth in Lending, Housing
    Finance and RESPA

    Committee on Banking Law

    Subcommittees on Commercial and Real Estate
    Lending and Retail Banking and Consumer Law

•   Committee on Uniform Commercial Code

•   Subcommittee on Secured Transaction

•   Real Property, Probate and Trust Law Section,
    Real Estate Division

Press Releases/Honors

Designated a “Super Lawyer” by Texas Monthly, 2003, 2007 and 2008

Publications/Speeches

Author:  “Usury and Texas Credit Laws” Eighth Edition, published by the Independent Bankers Association of Texas, 1992 and 1994, and published by Mr. Wisner, 1996, 1999, 2001, and 2004 and 2006.

• Co-Author: “Texas Mortgage Lending Law & Practices Deskbook”, Second Edition, Published by the Texas Mortgage Bankers Association, Chapters: Retail Installment Contracts and Executory Land Contracts, 2006.

• Author:  “Residential Real Estate Lending: Applicability of Common Federal Disclosure Requirements,” Consumer Finance Law Quarterly Report, published by the Conference on Consumer Finance Law, Summer, 1986.
• Author:  “The Texas Credit Code - 1993 Legislation,” Consumer Finance Law Quarterly Report, published by the Conference on Consumer Finance Law, Winter, 1994.
• Author:  “New Texas Predatory Lending Law,” Consumer Finance Law Quarterly Report, published by the Conference on Consumer Finance Law, Winter, 2002.
• Author:  “New Texas Consumer Loan Laws and Issues,” Consumer Finance Law Quarterly Report, published by the Conference on Consumer Finance Law, Spring, 2002.
• Author:  “Manufactured Home Developments in Texas,” Consumer Finance Law Quarterly Report, published by the Conference on Consumer Finance Law, Spring, 2002.
• Author:  “Real Estate Transactions in Texas,” Consumer Finance Law Quarterly Report, published by the Conference on Consumer Finance Law, Spring, 2002.
• Author:   “Pre-Payment Penalties and Due-On-Sale Restrictions in Texas Consumer Transactions Under State and Federal Laws”, in the Consumer Finance Law Quarterly Report, Vol.60, No. 4, Winter, 2006
• Co-Author: “Truth in Lending - A Whirlwind Year,” The Business Lawyer, published by the Business Law Section of the American Bar Association, May, 1996.
• Author/Speaker:  “Update on Truth in Lending: Legislation, Regulation and Litigation,1995 Banking Law Institute, Co-Sponsored by Southern Methodist University School of Law, Oklahoma City University School of Law, The Conference on Consumer Finance Law, In Cooperation With The Centre for Commercial Law Studies, University of London, September, 1995.
• Author/Speaker:  “Usury and Texas Credit Code Developments,” Texas Association of Bank Counsel, 20th Annual Convention, October, 1996.
• Author/Speaker:  “Real Estate Settlement Procedures Act,” 1996 Texas Land Title Institute, December, 1996.
• Author/Speaker:  “Simplifying the Consumer Credit Code for the Real Estate Practitioner,”  State Bar of Texas, 8th Annual Advanced Real Estate Drafting Course, February, 1997.
• Author/Speaker:  “Truth-in-Lending, Regulation Z,” Texas Bankers Association’s Ninth Annual Compliance School, April, 1997.
• Author/Speaker:  “Recent Changes Under RESPA,” Conference on Consumer Finance Law, 1997 Banking Law Institute, April, 1997.
• Author/Speaker:  “Truth in Lending - Regulation Z,” Conference of State Bank Supervisors - National Compliance School, February, 1998.
• Author/Speaker:  “Lending Tricks and Traps Thanks to the 75th Legislature,” 24th Annual Legal Conference hosted by the Texas Savings and Community Bankers Association and Independent Bankers Association, February, 1998.
• Author/Speaker:  “Truth in Lending” and “RESPA” Texas Bankers Association’s Compliance School and “Lending Compliance Update,” Texas Bankers Association’s Compliance Update School, 1998 and 1999.
• Author/Speaker:  “Usury and Texas Credit Code Developments,” Texas Association of Bank Counsel, 22nd Annual Convention, October, 1998.
• Author/Speaker:  “Usury and Texas Credit Laws” presented by IBAT, September, 1999.
• Author/Speaker:  “Usury”  State Bar of Texas, 22nd Annual Advanced Real Estate Law Course, June- August, 2000.
• Author/Speaker:  “Plain Language Forms” 28th Annual Legal Conference hosted by the Texas Savings and Community Bankers Association and IBAT, February, 2002.
• Author/Speaker: “Manufactured Housing Issues and Finance” Auto Sales and Finance (Cars, Trains, Boats and Planes – and Manufactured Housing) hosted by the Conference on Consumer Finance Law, September 26, 2003.
• Author/Speaker: "Prepayment Penalties and  Due on Sale Restrictions on Consumer Transactions"  2006 Advanced Real Estate Drafting Course, presented by the State Bar of Texas, March 9, 2006.
• Author/Speaker: "Negotiating Commercial Construction Loans - The Big Sticking Points" Houston Bar Association, Real Estate Section Monthly Meeting, April 18, 2007.
• Author/Speaker: "Subprime and Predatory Lending (New Developments, Disclosures, etc . . . )" Texas Association of Bank Counsel, 31st Annual Convention, October 11, 2007.
• Author/Speaker: "Homestead and Home Equity Lending Update" Houston Bar Association CLE program, January 10, 2008.
• Author/Speaker: "Negotiating Land Development Loan Documents" Real Estate Development From Beginning to End, presented by Lorman Education Services, January 31, 2008.
• Author/Speaker: "Negotiating Commercial Construction Loans", 32nd Annual Convention of the Texas Association of Bank Counsel, October 17, 2008.  Click here for more information.