W. Rodney Clement, Jr.
Member
Rod Clement’s practice is concentrated in commercial real estate and secured transactions. He regularly represents developers of shopping centers and office developments and borrowers, lenders and title insurers in secured financings. He also has extensive experience with leasing retail and commercial properties. Projects he has worked on recently include financing construction of power plants, purchasing of telecommunications systems, financing development of natural resources, including coal and off-shore mineral interests, and foreclosures of shopping centers and apartment complexes.
Rod is a member of the Board of Governors and Chair of the Leasing Committee of the American College of Real Estate Lawyers; member of the Board of Regents of the American College of Mortgage Attorneys; and ABA representative to the Joint Editorial Board for Uniform Real Property Acts.
As a result of his work in real estate, Rod has been listed in Woodward/White's Best Lawyers in America in Real Estate and Land Use Regulation (10+ years) and in Chambers USA as a Leader in Mississippi. Rod also is listed in Mid-South Super Lawyers as one of the top 50 lawyers in Mississippi.
Representative Matters
- Represented King Edward Development Company in development of historic downtown hotel and office building.
- Represented Covington Realty Partners in acquisition of Lakeland Commons Shopping Center in Flowood.
- Represented Hillwood Development of Dallas in construction financing and development of industrial property in Southaven, Mississippi.
- Represented CIT in financing of purchase of casino in Vicksburg.
- Represented LSF5 of Dallas in foreclosure and sale of shopping center in Brandon, Mississippi.
- Represented Mills Corporation in financing of regional shopping mall in Ridgeland, Mississippi.
- Represented Time Equities in purchase and financing of shopping center in Jackson, Mississippi.
- Represented Silvertip Development in purchase and financing of brownfields site for development as retail and golf course site in Vicksburg, Mississippi.
Speeches & Publications
Speeches
- "Analyzing Whether to Foreclose on a Debtor's Tangible Assets or Beneficial Interests," American College of Real Estate Lawyers, March 20, 2005
- "Issues in Foreclosing on LLC Membership Interests," American College of Mortgage Attorneys, October 28, 2005
- “Update on US Gatekeeper and Patriot Act Legislation,” American College of Mortgage Attorneys, October 29, 2005
- "Getting Personal with Dirt: How the UCC Affects Real Property Practice," The Mississippi Bar, Summer School for Lawyers, February 3, 2006
- "Turmoil in Prepayment Land: What Still Works and What Doesn't," ABA Real Property, Probate and Trust Section, Spring Symposium April 27, 2007
- "Indemnities, Waivers and the Musical Chairs of Liabilities in Real Estate Documents," American College of Real Estate Lawyers, March 28, 2009
- "Recent Developments in Real Estate Law," Mortgage Bankers Association, April 8, 2009
- "It Seemed Like a Good Idea at the Time: Current Issues with Alternative Financing Vehicles," American Bar Association Annual Meeting, August 3, 2009 (program planner and moderator)
- "Erosion of Bankruptcy Remote Structuring by the Courts: What do the General Growth and Sunwest Decisions Mean for Your Practice?" American Bar Association Annual Meeting, scheduled for August 8, 2010 (program planner and moderator)
Publications
- Harmonizing the Discord between Real and Personal Property Foreclosures, Probate & Property, January/February 1994
- Mississippi’s New Land Recording Act, The Mississippi. Lawyer (March/April 1994)
- Enforcing Security Interests in Personal Property in Mississippi, 67 Miss. L.J. 93 (1997)
- Revised Article 9 and Real Estate Foreclosures, Probate & Property, September-October 1998
- Foreclosing on Personal Property in Mississippi, part of Foreclosure Law in Mississippi, a book published by the University of Mississippi Institute for Continuing Studies (3d ed. 2009)
- Revised Article 9 and Real Property, 36 Real Property, Probate & Trust Journal 511 (Fall 2001) (co-author with Baxter Dunaway)
- The Law of Distressed Real Estate, (Clark Boardman Callaghan) ( Mississippi jurisdictional summary) (2004)
- Mississippi’s Superpriority Lien, or Why Credithrift Needs to be Downsized, The Mississippi Lawyer (February/March/April 2006)
- Fifteen Reasons Why Mississippi's Condominium Law Needs to be Updated, The Mississippi Lawyer (January 2007) (co-author with David Allen)
- Construction and Design Law, (ABA 2d ed. 2009) (Mississippi jurisdictional summary)
- Sharing the Pain: Ten Recent Real Commercial Retail Leasing Cases, ACREL Papers, Spring 2009
- Is a Certificate of Commercial Property Insurance a Worthless Document?, Probate & Property, May/June 2010
- Foreclosure Law & Related Remedies, (ABA 2d ed. 2010) (editor and Mississippi jurisdictional summary)
Community & Professional Activities
- American College of Real Estate Lawyers, Board of Governors; Chair, Leasing Committee
- Member, American College of Mortgage Attorneys, Board of Regents, 2003-Present
- Mississippi Bar Association, President, Real Property Section, 2002-03; Newsletter Editor, 1990-Present; Distinguished Service Award, 2005
- American Bar Association, Section of Real Property, Trust and Estates; Vice Chair, Real Estate Financing Group; Chair Mortgage Lending Committee of the American Bar Association’s Section of Real Property, Probate and Trust Law, 2004-2007; Vice-Chair, Foreclosures, Workouts, and Bankruptcy Committee, Section of Real Property, Probate and Trust Law, 1995-1999; ABA representative to Joint Editorial Board for Uniform Real Property Acts
- Co-Chair, Secretary of State UCC Study Group
- Member, Greater Belhaven Neighborhood Foundation, Board of Directors
- Upward Basketball, Coach