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Scott D. DeatherageS Deatherage Law, PLLC
Environmental Bankers AssociationJuly 19, 2017
Foreclosure and Underground Tanks:
A View from Texas
Presenter
•Scott D. Deatherage
S Deatherage Law, PLLC325 N St Paul St., Suite 3400Dallas, Texas 75201
Office: (214) 983-1218Mobile: (214) 356-0979
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Topics
1. Lender Liability for Gas Station Foreclosures2. The Texas Municipal Setting Designation and
Similar Programs3. Voluntary Cleanup Programs4. Federal Law vs. State Law5. Tort Law? Property Damage and Bodily Injury
Claims6. So What Do You Do?
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This Is Not a Drill: Lender Is about to Foreclose on a Convenience Store
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What Are the Issues for the Lender?: Don’t Want to Burn More Cash, after
Loan Went Bad
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Lender Liability for Gas Station Foreclosures
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Lender Liability for Gas Station Foreclosures
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Post-ForeclosurePre-Foreclosure
Pre-Foreclosure
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Do Nothing Mortgagee in Posession
Post-Foreclosure
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Close Tank System Sell Within 1 Year
Federal Law vs. State Law
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Texas Municipal Setting Designation Program
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Similar Programs
• Illinois • Ohio ● Pennsylvania
Voluntary Cleanup Programs
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Tort Law? Property Damage and Bodily Injury Claims
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So What Do You Do?
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Questions?
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