James M. Summers

Of Counsel
Norton Rose Fulbright US LLP

San Antonio
United States
T:+1 210 270 7176
San Antonio
United States
T:+1 210 270 7176
James M. Summers

James M. Summers

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Biography

Jim Summers joined in 1976 and his legal practice is centered on real estate and oil and gas matters, including:

  • acquisitions and dispositions of improved and unimproved real property;
  • mortgage lending;
  • usury aspects of financing;
  • loan workout and restructure transactions, foreclosures and related remedial matters;
  • acquisitions and dispositions of improved and unimproved real property;
  • land planning and development;
  • zoning and land use regulations;
  • code compliance, leasing;
  • construction contracts;
  • structuring and documenting planned and mixed-use urban communities, including multifamily housing, condominiums, along with retail, office, and other compatible uses;
  • cooperative associations;
  • real estate brokerage and management;
  • theme park development;
  • research park development;
  • property tax abatement arrangements and related governmental inducement programs;
  • structuring, negotiation, and administration of multi-party joint venture investment and development vehicles for all stages of the life cycle of a real estate development investment;
  • formation of business entities such as joint ventures and limited partnerships, as well as the acquisition and sale of assets owned by such entities; and
  • representation of foreign investors in the acquisition and disposition of United States real estate projects.

His practice involves the representation of a wide range of clients in dealing with complex, sophisticated financial transactions and situations.

Jim is well qualified to assist with unique issues related to contemporary financing techniques, including structured financings, project financings, derivative transactions, securitized loans (including CMBS), multi-lender participation loans, synthetic leases and other off-balance sheet financing structures, sale-leaseback transactions, and bond financings. He is experienced with the implications of single-asset bankruptcy remote entities that have been recently used in connection with these specialized financings.

Jim represents financial institutions and private-equity groups in the securitization, CMBS market, and other related loan environments. He has extensive experience in securitizations, including complex securitization restructuring transactions. His experience in the capital markets enables him to guide clients quickly and decisively through all phases and directions of a securitization.

Jim regularly counsels clients regarding consensual loan restructures and workouts, including negotiation and documentation of loan modifications, extensions, and restructures; demands against primary obligors and guarantors; settlement and release agreements; realization upon collateral, letters of credit and other credit enhancement arrangements. He has been involved in major workout and reorganization matters involving all areas of real estate, including shopping centers, office buildings, multifamily housing projects, commercial, industrial, residential, and agricultural properties, manufacturing, distribution, high technology, computer services, healthcare/hospitals, wholesale and retail sales, hospitality providers, and restaurant/food service.

Jim's practice also focuses on energy and oil and gas transactions, including matters in the Eagle Ford Shale. Jim's oil and gas representation includes: acquisitions and dispositions, exploration and production agreements, refineries, solar power facilities, oil and gas leases and assignments related thereto, surface use agreements, correlative rights of land surface owners versus mineral interest owners, and matters related to competing ownership interests, royalty and title disputes, breach of contract, trespass to try title claims, fraud, and breach of fiduciary duties.


Professional experience

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JD, associate editor of Texas Law Review, State Bar of Texas' Award for Outstanding Oil and Gas Student, The University of Texas School of Law, 1976
BA, Southern Methodist University, 1973

Jim was admitted to practice in Texas in 1976.

  • Texas State Bar
  • Who's Who in Energy, San Antonio Business Journal, 2012 - 2015
  • The Best Lawyers in America, Best Lawyers, 1995 - 2019
  • Texas Super Lawyers, Thomson Reuters, 2003 - 2013
  • Legal 500 USA, recommended lawyer, real estate and construction: real estate, The Legal 500, 2013 - 2014, 2016
  • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2012 - 2014
  • Outstanding Lawyer Award, San Antonio Business Journal, 2010
  • Co-author, "Examine Details in Deals on Shale Land," San Antonio Express-News, July 10, 2012
  • Co-author, "Legislature Lands Changes of Real Estate Laws," San Antonio Business Journal, 2001
  • "Outstanding Mineral Interests - Correlative Rights of Mineral and Surface Owners," prepared for the 31st Annual Mortgage Lending Institute, 1997
  • "What Every Real Estate Lawyer Needs to Know About Oil and Gas, Mineral Interests and Water Rights for Drafting Documents," prepared for the 7th Annual Advanced Real Estate Drafting Course, State Bar of Texas, 1996
  • American Bar Association
  • State Bar of Texas
  • San Antonio Bar Association