Michael R. Steinmark

Michael R. Steinmark

Attorney Profile

Top Rated Creditor Debtor Rights Attorney in Dallas, TX

SettlePou
 | 3333 Lee Parkway, 8th Floor
Dallas, TX 75219
Phone: 214-560-1732
Fax: 214-526-4145
Selected to Rising Stars: 2010, 2012 - 2019
Licensed Since: 2005
Practice Areas:
  • Creditor Debtor Rights: Business (50%),
  • Real Estate: Business (10%),
  • Banking (10%),
  • Civil Litigation: Defense (10%),
  • Business Litigation (10%),
  • Administrative Law (10%)
Attorney Profile

Mr. Steinmark is a trial lawyer experienced in mortgage litigation, commercial litigation, employment litigation, and first- and third-party insurance litigation.  Representing residential mortgage servicers, employers, real estate companies, financial institutions, insurers and their insureds, and other businesses, Mr. Steinmark handles all aspects of a case, from pre-suit demands to pleadings, written discovery, depositions, motion practice, trial preparation, mediation, trial (or arbitration), settlement, and appeals, in both state and federal court. 

Mr. Steinmark has litigated:

  • bank, lender, and mortgage servicer liability cases (includingUCC, Texas Debt Collection Act, Texas Deceptive Trade Practices Act, Federal Fair Debt Collection Practices Act, and “where’s the note” standing/authority claims);
  • insurance defense cases (including catastrophic injury and wrongful death claims);
  • employment cases (including Title VII, STAA, state law discrimination and retaliation, and covenants not to compete/non-competition/non-solicitation claims);
  • contract cases (includingcommercial leases, real estate purchase/sale agreements, partnership agreements);
  • regulatory/administrative law cases (including state and local outdoor advertising regulation permitting and compliance cases); and
  • eminent domain cases (including whole and partial takings).

Mr. Steinmark brings a fresh perspective to litigation based on his considerable business and real estate transactional experience early in his career, including business entity planning, mergers and acquisitions, corporate governance, contract negotiation and drafting (including non-compete and other employment agreements), technology licensing, trademark prosecution and policing, homeowners' association document drafting, commercial leasing, and real property acquisitions and divestitures. Having been involved on the planning and drafting side of many of the types of business relationships and transactions over which he now litigates, Mr. Steinmark is particularly well-equipped to identify the critical issues, strengths, and weaknesses of disputes and to successfully craft complex solutions for his clients, including both efficient trial strategies and creative settlement approaches.

About Michael Steinmark

Admitted: 2005, Texas

Professional Webpage: https://www.settlepou.com/attorneys/detail/steinmark-michael...

Honors/Awards:

  • Avvo (www.avvo.com) is an attorney review website which rates attorneys throughout the United States based upon experience, industry recognition, and professional conduct, Rated 10/10, Avvo, 2018
  • Avvo (www.avvo.com) is an attorney review website which rates attorneys throughout the United States based upon experience, industry recognition, and professional conduct, Rated 9.9/10, Avvo, 2017
  • Intern for the Honorable Barbara M.G. Lynn, Northern District of Texas, 2004

Special Licenses/Certifications:

  • Admitted to practice in the U.S. District Courts for the District of Colorado, 2018
  • Admitted to Practice in Missouri (state courts), 2016
  • Admitted to Practice in the Supreme Court of the United States
  • Admitted to Practice in the United States District Courts, Northern, Eastern, Southern, and Western Districts of Texas
  • Admitted to Practice in the United States Court of Appeals, Fifth Circuit

Bar/Professional Activity:

  • Dallas Association of Young Lawyers
  • Dallas Bar Association
  • American Bar Association

Pro bono/Community Service:

  • Regularly volunteer as judge for moot court, mock trial, closing argument, negotiation, and other law student competitions
  • Volunteer - Genesis Women's Shelter, HeROs Member
  • Volunteer - Dallas Bar Association Home Project (Habitat for Humanity)
  • Volunteer Teacher - Dallas Bar Association Law in the Schools Program
  • South Dallas Legal Clinic Volunteer - Dallas Volunteer Attorney Program
  • Advisory Board Member - Boys and Girls Club of Greater Dallas (Turner Courts and Frazier Courts Clubs)

Scholarly Lectures/Writings:

  • This is a case law update on the Texas Supreme Court’s decision in Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), which held that there is no statute of limitations for alleged violations of the home equity lien validity requirements set forth in Texas Constitution Article 16, Section 50(a)(6)., Co-Author, Fifth Circuit Holds No Limitations on Texas Home Equity Constitutional Claims, 2017
  • Guest appearance on nationally syndicated radio show Real Estate Talk with Willie Lambright discussing troubled residential mortgage loans, including tips for borrowers from the perspective of a lender-side attorney, Real Estate Talk with Willie Lambright, 2012
  • Presentation regarding new Texas procedural rules adopted in Texas House Bill No. 274 related to motion to dismiss, interlocutory appeals, expedited resolution of cases under $100,000, and responsible third party practice.  Also addressed Rule 167 of the Texas Rules of Civil Procedure (offer of settlement; award of litigation costs), including overview, practice tips, and changes under HB 274.  Further, provided overview and practice tips regarding Rule 263 of the Texas Rules of Civil Procedure (agreed case), allowing for submission of case for trial on agreed statement of facts.  Finally, provided updates on recent changes to condemnation procedures under Texas Senate Bill No. 18, Speaker, New and Less Commonly Used Rules of Civil Procedure, Dallas Area Paralegal Association, Litigation Section, 2011
  • Selected as the 2004 Best Case Note by the SMU International Law Review Association, this article examines a suit filed in 2003 by Mexico against the United States in the International Court of Justice regarding denial of consular rights under article 36 of the 1963 Vienna Convention on Consular Relations.  The article examines the case from the Mexican point of view, focusing on the law and policy underlying Mexico's position in the case and the significance of the case within the context of Mexican-American extradition relations, Author, The Case Concerning Avena and Other Mexican Nationals (Mexico v. United States): A Mexican Perspective on the Fight for Consular Rights, 10 Law & Business Review of the Americas 417, 2004

Verdicts/Settlements:

  • Obtained summary judgment for residential mortgage servicing client in federal court in foreclosure limitations case; for more information, see here, 2018
  • Secured a take-nothing judgment for a residential mortgage servicing client following a bench trial in an adversary proceeding challenging a foreclosure as a preference payment in Judith Nations Aaron v. Embrace Home Loans, Case No. 4:16-ap-07082 (Bankr. W.D. Ark. Sept. 28, 2017), 2017
  • Represented the Plaintiffs in the highly-publicized case Highsmith et al. v. Getty Images (US), Inc. et al., Case No. 16-cv-5924 (S.D.N.Y. 2016), in which all parties achieved a mutually acceptable resolution obviating the need for further litigation, 2016
  • Negotiated favorable settlement for real estate investor client in multiple lawsuits arising from "business divorce" scenario, including as part of such settlement the negotiation and documenting of a six-figure real estate loan sale agreement, 2015
  • Obtained defense verdict of no negligence, no proximate causation, and no gross negligence in favor of heavy equipment company after two-and-a-half-week re-trial to a jury in a wrongful death industrial accident case in which the plaintiffs asked the jury to award roughly $21.5 million to $32.5 million in compensatory damaes, 2015
  • Obtained favorable mediated settlement for national school bus services company in breach of contract suit in which the company sought more than $1,300,000 in total recovery, 2014
  • Obtained summary judgment in a breach of warranty and misrepresentation case involving allegations of damages in excess of $1,000,000 for catastrphic injuries in a trucking accident case, 2014
  • Obtained defense verdict of no negligence and no proximate causation on behalf of heavy equipment company after three-week jury trial in a wrongful death case in which the plaintiffs asked the jury to award in excess of $15,000,000 (motion for new trial subsequently granted; defense verdict returned upon re-trial as well), 2013
  • Santibanez v. Saxon Mortgage Inc., No. 11-10-00227-CV, 2012 Tex. App. LEXIS 7167 (Tex. App.--Eastland Aug. 23, 2012), available at http://www.11thcoa.courts.state.tx.us/opinions/pdfOpinion.asp?OpinionID=10605, 2012
  • Obtained summary judgment for a national transportation services company in a racial discrimination employment suit under the Texas Labor Code, 2012
  • Obtained summary judgment for a national bank serving as the trustee of a residential mortgage-backed security in a case where the plaintiffs (borrowers) challenged the authority of the trustee to foreclose a residential mortgage loan and also asserted claims for affirmative relief, including breach of contract, fraud, violation of the Texas Deceptive Trade Practices Act, and violation of the federal Fair Debt Collection Practices Act, 2012
  • Obtained full compliance with cease and desist demand related to trademarks owned by rodeo performance team upon filing trademark infringement lawsuit against competitor, with suit voluntarily dismissed without prejudice in light of defendants' full compliance with our demands, 2011
  • Assisted former employees in reaching a mediated settlement agreement with their prior employer in a convenant not to compete lawsuit, with an agreement secured less than a week after the suit was filed, 2011
  • Assisted a national transportation company in reaching a mediated settlement of an employment discrimination and retaliation lawsuit, 2011
  • Obtained summary judgment for a national residential mortgage loan servicer in a case challenging the authority of the servicer to foreclose a residential mortgage loan, 2011
  • Obtained summary judgment for national residential mortgage servicer on all claims in a suit alleging the statute of limitations had run on the lender's right to foreclose and asserting various claims for affirmative relief, 2010
  • Schriver v. Texas Department of Transportation, 293 S.W.3d 846 (Tex. App.—Fort Worth 2009, no pet.), 2009
  • Assisted a national outdoor advertising company in reaching settlements in administrative appeals of regulatory enforcement actions involving multiple billboard permits, 2009
  • Assisted a national financial institution in reaching a mediated settlement of a multi-party suit involving a Ponzi scheme with more than $2.9 million in alleged damages, 2009
  • Assisted three regional staffing firms in reaching a mediated settlement of claims including breach of contract, fraud, and violation of the Texas Deceptive Trade Practices Act against a professional employer organization, recovering all of the clients' actual damages and approximately two-thirds of their attorneys' fees, 2007
  • Assisted a national outdoor advertising company in reaching a settlement in an administrative appeal of a regulatory enforcement action involving multiple billboard permits, 2007
  • Negotiated settlements on behalf of defendants in numerous personal injury cases, including wrongful death, catastrophic injury, and multiple injury actions (2010 to present)
  • Assisted multiple national mortgage servicers in reaching settlements through both mediation and direct negotiation, and obtained numerous summary judgments in state court and Rule 12 dismissals in federal court, in foreclosure-related litigation, including numerous settlements involving loan modification agreements, "cash for keys" agreements, loan reinstatement, and various other types of settlements (2005 to present)

Transactions:

  • Represented foreign investor group in successfully closing CMBS financing with Morgan Stanley for acquisition of a medical office property, 2018
  • Drafted and successfully negotiated documentation for the acquisition of a residential real estate brokerage business, and drafted and successfully negotiated a software licensing agreement related to the acquisition of the brokerage, 2012
  • Assisted national homebuilder with annexing additional phases into multi-phase planned unit developments, 2007
  • Established homeowners' association for planned unit development with multiple common area features, including preparing covenants, conditions, and restrictions, articles of incorporation, and bylaws, 2006
  • Established condominum regimes for local developer's new and condominium conversion properties, including condominium declaration, articles of incorporation, bylaws, condominium information statement, and related documents, 2006
  • File and prosecute applications for federal trademark registration, including successfully obtaining registration

Newsletters:

Educational Background:

  • Vanderbilt University, B.A. (English, Creative Writing concentration), cum laude, minor in Communication Studies, National Merit Scholar, 2000
  • SMU Dedeman School of Law Honors and Awards: Earned J.D., cum laude, 2005; Dean's List, 2002-2003; SMU International Law Review Association, Associate Managing Editor, 2004-2005, Staff Editor 2003-2004, Best Case Note Award, 2004; Phi Delta Phi; National Entertainment Law Moot Court, 2nd Place Best Brief, 2003; Research Assistant to Professors Gregory S. Crespi and John S. Lowe, 2004-2005

Industry Groups

  • Banking
  • Financial Services
  • Insurance Defense
  • Lending
  • Mortgage Servicing
  • Private Business
  • Real Estate
Office Location for Michael R. Steinmark

3333 Lee Parkway
8th Floor
Dallas, TX 75219

Michael R. Steinmark:

Last Updated: 1/27/2019

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