Katherine A. Tapley

Partner
Norton Rose Fulbright US LLP

San Antonio
United States
T:+1 210 270 7191
San Antonio
United States
T:+1 210 270 7191
Katherine A. Tapley

Katherine A. Tapley

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Biography

Katherine has amassed experience with all aspects of complex commercial real estate transactions, with a specific emphasis on the acquisition and development of multi-family projects, healthcare facilities, entertainment venues and other commercial real estate across multiple jurisdictions.  Katherine has extensive experience representing developers and lenders in a broad range of real estate financing matters, including construction financing, mezzanine financing and new markets tax credit financings, as well as workouts, foreclosures and other remedial matters.   Katherine's experience extends beyond the borders of Texas, and she is well-versed in multistate real estate transactions.  Katherine also routinely works on land use matters.  In addition, Katherine represents entities on a wide range of economic development, municipal law, and public information act issues.

Katherine served as the City Attorney for the City of Schertz, Texas (San Antonio's largest suburb) during 2013, after previously serving as the Assistant City Attorney.

While in law school, Katherine served as a judicial intern for the Honorable Emilio Garza, United States Court of Appeals for the Fifth Circuit, as well as a judicial intern for the Honorable Leif Clark, United States Bankruptcy Court for the Western District of Texas.

Prior to her legal career, Katherine worked in marketing for industries including optometry / ophthalmology, semiconductors and electronic design automation, Internet technologies, digital photography and financial services.


Professional experience

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JD, summa cum laude, St. Mary's University School of Law, 2007
BA, BJ, French and Journalism with Public Relations Concentration, The University of Texas at Austin, 1999

While in law school, Katherine served as the Solicitation and Articles Editor (2006 - 2007) and Staff Writer (2005 - 2006) for the St. Mary's Law Journal. She was a member of Phi Delta Phi and the John M. Harlan Honor Society. Katherine was awarded the Pro Bono Achievement Award.

Katherine is admitted to practice law in Texas.

  • Texas State Bar

Katherine's recent projects include:

  • representation of a leading community foundation in connection with the acceptance of the largest philanthropic gift in the U.S. in 2015, which gift included operating motion picture theater businesses, rental retail real estate businesses and other assets;
  • representation of lender in connection with the sale of a portfolio of more than 670 multi-family loans valued at more than $280,000,000; 
  • representation of lender in connection with the sale of a portfolio of 110 commercial loans valued at more than $98,000,000;
  • representation of lender in connection with the sale of a loan portfolio involving more than 22,000 loan documents;
  • representation of a national high-end multi-family developer in connection with multiple projects, including a three-phase mixed use development project with a total estimated value of approximately $364,000,000;
  • real estate loan workout on behalf of a lender consortium involving more than 50,000 acres of ranch land related to loans in the original principal amount of more than $52,000,000, including preparation and negotiation of settlement agreement among lender consortium, borrowers and guarantors, and closing the settlement transaction in which property was conveyed to new special purpose entities, as well as assisting the lender consortium in the sale of all property that was acquired in connection with the settlement to various third party purchasers;
  • representation of borrowers in connection with development and financing related to new markets tax credit transactions;
  • representation of municipality and economic development corporation regarding drafting and negotiating an economic development incentive agreement for the development of a one million plus square foot distribution center;
  • workout related to property portfolio consisting of more than 90 properties;
  • annexation and related development agreements in lieu of annexation of approximately 3,300 acres;
  • representation regarding suspected elections irregularities in connection with one county's administration of a portion of a multi-county election, including coordination with the Texas Secretary of State and observance of a court-ordered county-wide multi-election recount;
  • establishment of new commercial development, including negotiation and drafting of commercial easements, covenants, and restrictions and negotiation and drafting of owners' association declaration and related documentation;
  • representation of lenders and borrowers in connection with negotiation and drafting of new loan documents, as well as loan documents related to loan modifications and workouts;
  • negotiation and drafting of commercial sales contracts and leases;
  • sale of undeveloped land;
  • sale and acquisition of real property assets in multiple states associated with stock and asset purchases;
  • creation of new condominium regimes; and
  • negotiation and drafting of various easement agreements, use restriction agreements, license agreements and access agreements.
  • American College of Real Estate Lawyers, Fellow
  • The Best Lawyers in America, Best Lawyers, 2019 - 2020
  • 40 Under 40, San Antonio Business Journal, 2011
  • Texas Rising Star, Real Estate, Thomson Reuters, 2012 - 2017
  • Outstanding Lawyer Award, San Antonio Business Journal, 2019
  • Best S.A. Lawyers 2018, 2015 (Real Estate Transactions), San Antonio Scene, Scene Publications, LLC, 2018, 2015
  • Best of 2014, San Antonio Lawyers (Real Estate), S.A. Scene, Scene Publications, LLC, 2014
  • Rising Star, S.A. Scene, Scene Publications, LLC, 2009, 2012 - 2013
  • College of the State Bar of Texas, 2010 - present
  • "Potential Issues Related to Negotiation and Documentation of Commercial Real Estate Construction Loans," State Bar of Texas 11th Annual Advanced Real Estate Strategies, Chapter 3, December 7, 2017
  • "Using Condominium Regimes to Help Achieve Successful Development Results," State Bar of Texas Advanced Real Estate Drafting Course, March 24, 2017
  • "Development Related Financing Issues," State Bar of Texas 37th Annual Advanced Real Estate Law, Chapter 30, July 9-11, 2015
  • "Solving Development Problems - A Discussion of Selected Development Issues," State Bar of Texas 8th Annual Advanced Real Estate Strategies, Chapter 5.1, December 5, 2014
  • "Master Leases: A Guaranty Substitute or the Gift that Keeps on Taking," The University of Texas School of Law's Mortgage Lending Institute, September 18, 2014 and October 2, 2014
  • "Mixed Use Master Plan Developments – An Overview of Drafting Issues," Advanced Real Estate Drafting Course, March 1, 2012
  • "New Law Complicates Foreclosure Sales in Texas," St. Mary's Law Journal, 41 St. Mary's L.J. 525 (2010)
  • "Foreclosure Sales May Face Trouble," San Antonio Express-News, August 25, 2009
  • "Automatic Tolling of the Voluntary Departure Period - A Circuit Split" Recent Development, St. Mary's Law Journal, 39 St. Mary's L.J. 185 (2007)
  • "Potential Issues Related to Negotiation and Documentation of Commercial Real Estate Construction Loans" Panel Participant, State Bar of Texas 11th Annual Advanced Real Estate Strategies, Horseshoe Bay, Texas, December 7, 2017
  • "Using Condominium Regimes to Help Achieve Successful Development Results," State Bar of Texas Advanced Real Estate Drafting Course, Houston, Texas, March 24, 2017
  • "Development Related Financing Issues," State Bar of Texas 37th Annual Advanced Real Estate Law Course, San Antonio, Texas, July 11, 2015
  • "Solving Development Problems" Panel Presentation, State Bar of Texas 8th Annual Advanced Real Estate Strategies, Galveston, Texas, December 5, 2014
  • "Master Leases: A Guaranty Substitute or the Gift that Keeps on Taking," The University of Texas School of Law's Mortgage Lending Institute
    • Austin, Texas, September 18, 2014
    • Dallas, Texas, October 2, 2014
  • "Crisis Management: From Internal Understanding to External Action: Protecting Business Continuity and Real Estate Assets" Panel Presentation, ACCA, San Antonio, Texas, December 4, 2013
  • "Legal Issues Facing Texas Cities Q&A," Texas Municipal League, Region 7 Conference, Schertz, Texas, April 13, 2012
  • "Mixed Use Master Plan Developments – An Overview of Drafting Issues," Advanced Real Estate Drafting Course, Irving, Texas, March 1, 2012
  • "Legal Issues Facing Texas Cities," Texas City Managers Association Annual Meeting, Salado, Texas, February 16, 2012
  • "2011 Real Estate Legislative Update," South Texas College of Law 26th Annual Real Estate Law Conference, Houston, Texas, June 2, 2011
  • "Legal Issues for Small Businesses," San Antonio Women's Chamber of Commerce, Smart Women Series, San Antonio, Texas, April 20, 2011
  • "The Law of Easements," Texas Land Law for Civil Engineers and Land Surveyors, San Antonio, Texas, March 26, 2010
  • "Gifting Real Estate to the San Antonio Area Foundation," John Thurman's Real Estate Focus Radio Talk Show AM930 KLUP, San Antonio, Texas, July 11, 2009
  • "Real Estate Legislative Update: What You Need To Know"
    • Fulbright & Jaworski L.L.P. Breakfast Briefing, San Antonio, Texas, June 16, 2009
    • Fulbright & Jaworski L.L.P. Luncheon Briefing, Austin, Texas, June 16, 2009
    • Fulbright & Jaworski L.L.P. Luncheon Briefing, Houston, Texas, June 23, 2009
  • Leadership San Antonio Alumni Association
  • Leadership San Antonio - Class 35
  • State Bar of Texas
    • 41st Annual Advanced Real Estate Law Course Planning Committee
    • 28th Annual Advanced Real Estate Drafting Course Planning Committee
    • 23rd Annual Advanced Real Estate Drafting Course Planning Committee
    • Real Estate Legislative Affairs Committee of the Real Estate, Probate and Trust Law Section (2009 - 2012)
  • San Antonio Bar Association
    • Publications Committee Member (2008 - 2012)
  • Bexar County Women's Bar Association
  • Real Estate Council of San Antonio
  • SA Youth
    • Board of Governors (2016 - present)
    • Chair, Board of Governors (2018 - present)
    • Vice Chair, Board of Governors (2017-2018)
    • Secretary, Board of Governors (2016 - 2018)
  • San Antonio Area Foundation, Real Estate Service Board of Directors (2009 - present)
  • Autism Community Network
    • Board of Directors (2008 - 2014)
    • President, Board of Directors (2012)
    • Vice President, Board of Directors (2011)
    • Secretary, Board of Directors (2008 - 2011)
  • SAMMinistries
    • Board of Directors (2008 - 2014)
    • Secretary, Board of Directors (2009 - 2012; September 2013 - September 2014)
  • Community Justice Program - Family Law and Wills Clinic Pro Bono Volunteer (2008 - present)
  • Susan G. Komen San Antonio - Race for the Cure - Fulbright & Jaworski L.L.P. Team Captain (2009 - 2012)
  • Junior League of San Antonio (2008 - 2011)
  • Austin Habitat for Humanity, Board of Directors (2002 - 2004)
  • Chairman, Home on the Green Golf Tournament, Austin Habitat for Humanity (2001, 2003)
  • International Association of Business Communicators - Austin Chapter, Board of Directors (2001 - 2004)