King & Sommer, LLP
King & Sommer, LLP
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King & Sommer, LLP

EILEEN E. SOMMER

         
          Eileen E. Sommer (formerly Eileen E. Scherlen) has 29 years of legal experience, focusing her practice on commercial real estate transactions, commercial financing transactions, general business and wills and estates.  She is Board Certified by the Texas Board of Legal Specialization in the area of Commercial Real Estate.
 
           A native of San Antonio, Texas, Ms. Sommer graduated under the Plan II Program from the University of Texas in Austin in 1978 (B.A., high honors) and remained in Austin to obtain her law degree from the University of Texas School of Law in December, 1980 (with honors).  Ms. Sommer co-founded the firm of King & Sommer, LLP in August of 2007.  Previously, she was a partner with the firm of Jackson Walker L.L.P. (Dallas - 1981-1991; San Antonio - 1991-2007).  
 
           Over her 29 years of legal practice, Ms. Sommer has developed extensive experience representing local, state and national clients in the documentation and negotiation of commercial financing transactions of all types, loan workouts, the exercise of loan security remedies, and the acquisition, financing, development, sale and leasing of commercial real estate.  She also counsels on questions of usury and the rendering of legal opinions in commercial loan transactions.
 
           In addition to serving as counsel throughout the State of Texas, Ms. Sommer handles matters for clients outside of Texas as well.  These matters have included financing transactions (variously as lender’s or borrower’s counsel) in Kansas, Iowa, Indiana, Ohio, New York, Arkansas, Tennessee, South Carolina, Louisiana, Mississippi, Florida and Mexico, and purchase and sale transactions involving multifamily, restaurant and commercial properties in New Mexico, Oklahoma, Missouri, Iowa, Mississippi and Florida
 
           Ms. Sommer has been rated by her peers with the Martindale-Hubbell “AV” rating, the highest rating for both skill and integrity.
 

Recent Representative Transactions:

Financing Transactions

  • Representation of the lender in providing commercial term loan and revolving credit facility to middle market commercial borrowers
  • Representation of the lender in financing the acquisition and development of land for retail and other commercial uses
  • Representation of the lender in financing the construction of a high-rise condominium project in San Antonio, Texas
  • Representation of the Lender in financing hotel properties in Houston, Texas, as condominium units in a mixed-use project
  • Representation of the lender in multifamily construction loans    

Real Estate - Purchase and Sale Transactions

  • Representation of the purchaser of a retail shopping center in San Antonio, Texas
  • Representation of various sellers of multi-family properties located in San Antonio and throughout Texas
  • Representation of the purchaser of ranch property located in south central Texas

Real Estate - Leasing (Landlord and Tenant)

  • Counsel to national convenience store chain in negotiation of retail leases
  • Texas counsel to an international real estate investment trust regarding its apartment lease forms and consultation on compliance with Texas law concerning landlord/tenant issues
  • Counsel to owner of medical office building in negotiation of tenant leases

 Real Estate - Property Agreements

  • Representation of the owner in the negotiation of a construction contract for the construction of a medical building office 
  • Representation of the owner of farm and ranch property in the partition of property and negotiation of fence construction and maintenance agreement 
General Business
  • Representation of a national contracting company in the formulation of its document retention policy
  • Representation of a national convenience store chain in general contract matters
  • Representation of a physician group in the formation and governance of a limited liability company for the ownership and operation of a medical office building 

 Local Counsel Representation

  • Representation of the REIT purchase of office buildings located in Dallas, Texas
  • Representation of the REIT purchaser of multi-family high-rise properties in Dallas and Houston, Texas
  • Representation of the owner of low-income housing in connection with its participation in the TDHCA Exchange Funds Program
  • Representation of the lender as special Texas counsel in the financing of time-share seller receivables related to a South Padre Island resort property
  • Representation of the lender as special Texas counsel in the drafting and review of Texas mortgages and consultation on related Texas legal issues
  • Representation of the seller as special Texas counsel in various property acquisitions and sales throughout the state of Texas

Memberships, Community Involvement and Service

Ms. Sommer is the secretary and a member of the Board of Directors of Girls, Inc. of San Antonio, past-president and a member of CREW-San Antonio, former director and member of the San Antonio Women’s Chamber and a member of the Texas Association of Bank Counsel.  
 
Ms. Sommer is a member of the American Bar Association, the College of the State Bar of Texas, and the Bexar County Women's Bar Association.   
   
Awards
 
            Ms. Sommer is the 2009 recipient of the Eva Rosow Award of Excellence from CREW-San Antonio, an award given to recognize a member of CREW-San Antonio who is a model of excellence to the CREW membership and the commercial real estate community.
  
Publications / Speaking Engagements
 
Ms. Sommer has been a speaker on the following subjects:
  • The Texas SAFE Act and Other Issues Affecting Commercial Investment in Residential Real Estate” (June 18, 2010, Bexar County Women’s Bar Association Annual Retreat)(State Bar CLE accredited)
  • “The Legal Opinion in Loan Transactions – The Role of the Opinion Recipient and its Counsel - Working Within Customary Practice”  (March 23, 2007, Financial Services Roundtable presented by the Association for Corporate Counsel (ACC)) (State Bar CLE accredited)
  • “Construction Financing and the Construction Contractor’s Consent and Subordination Agreement – Not Just Boilerplate … The Contractor’s Perspective” (October 6, 2006, presented to the in-house legal staff of Zachry Construction Company) (State Bar CLE accredited)
  • “The Ground Lease – An Alternative to Purchase and Sale” (June, 2006, presented to the real estate department of Valero Energy Corporation) (State Bar CLE accredited)
  •  “Crime on Leased Premises – Responsibilities of the Landlord, the Landlord’s Property Manager and its Leasing Agents” (presented to CREW-San Antonio, August 2000)
  • “The Attorney’s Role in Real Estate Transactions and Closings” (University of Houston Law Foundation seminar on Real Estate Documents, Workouts and Closing, held in Dallas and Houston, Texas in June, 2000) (State Bar CLE accredited)
  • “75th Legislative Session Usury Reform, HB 1971, A Comparison of Subtitle 1 of Title 79, As Amended, to the Provisions of Chapter 1 (Repealed Thereby) Effective September 1, 1997” (presented in-house, August, 1997) (State Bar CLE accredited)
Publications include:
  • “Tips to Avoid Breach of Contract in Closing a Real Estate Transaction - Draft the Contract to Suit the Deal,” San Antonio Lawyer, November - December 2008.
  •  “Mandatory Renter’s Insurance Worth Landlord’s Consideration,” published by the San Antonio Business Journal, July 28, 2006 (co-authored with Josh Davin Morton).
Personal
 

Ms. Sommer is married to Richard H. Sommer and has three children, Robert, Henry and Elizabeth.  Her eldest, Robert Price, is a 2006 graduate of the University of Southern California and and lives and works in Iowa as a TV news reporter for KGAN CBS2.  She enjoys trips to the Texas Hill Country and Door County, Wisconsin, to take in nature and enjoy a simpler life.

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King & Sommer, LLP
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