Spencer, Richard - FBFK Law

Richard Spencer

Shareholder

HOUSTON
3200 Southwest Freeway
Suite 3200
Houston, TX 77027

713.403.4200

Practice Areas

Real Estate & Land Use
- Transactions & Leasing

A recognized leader and expert in real estate law in the State of Texas, with a depth and breadth of experience in a wide variety of complex real estate, business, and financial matters. Rick has represented a wide range of businesses and individuals in contracts, commercial transactions, complex financings, securities fraud, corporate matters, stock, and asset acquisitions. He also works with commercial and residential real estate owners, associations, developers, and lenders in; loans, construction matters, workouts, foreclosures; title issues, lot sales, utilities, platting, development, and zoning issues, landlords and tenants in leasing matters. Rick serves as expert witness and consultant on variety of legal, ethical, and business matters. He successfully drafted and passed a bill before the Texas Legislature, including the Texas Assignment of Rents Act, Ch. 64 Tex. Prop. Code and drafted the Texas Uniform Easement Relocation Act.

COMMUNITY ACTIVITIES

1981-2020: Founding Member and President; West University Rotary Club. HAY Center Foundation; Chairman, Board of Directors; Recognized with “Raise-a-Glass” award. West U Rotary Foundation; Board of Directors. MS-150; 6-time participant and Club 300 member. Director for Graduate Business Network; University of Texas Austin. American Heart Association; Jump Rope for Hearts-Board Member. Charter Review Commission, Park Land Acquisition Committee and Long-Range Planning Committees; City of West University Place, Texas. Chairman and Secretary; West University Place Party. Treasurer and Secretary; Tri-Sports Association of West University Place. Athletic Committee State Bar of Texas. Scholarship Committee; Texas Ex-Students Association. Little League and Soccer Coach, West University Place. Usher and pro bono Real Estate Attorney for First Presbyterian Church.

Featured Transactions

Documented $166 Billion ¥ loan for Japanese lending group
Represented client, as provider, in $1Billion+ services contract.
Documented $60 Million land loan.
Orchestrated the $55 million financing of the Magnolia Hotel.
Represented seller in stock sale of entity owning $33 Million Hotel.
Represented a $660 million work-out portfolio for First City, Texas.
Conducted nearly 2,000 real property foreclosures.
Documented a mixed-use downtown development with two hotels, condominiums, and retail.
Represented Seller in sale of 825 acres for single family development.
Represented a developer in a 2,500-acre master-planned development.
Represented a City in the acquisition of a YMCA property.
Facilitated a land swap between the Houston Museum of Fine Arts and the First Presbyterian Church, allowing museum expansion and increased access to parking for both entities.
Represented a purchaser of several automobile dealerships.
Acquired and sold over 6,000 apartment units.
Represented appraisal district in collection of ad valorem taxes.
Acted as expert witness on real estate foreclosure, legal malpractice, and ethics matters.
Represented Receiver for State Securities Board in asset seizures in securities fraud actions.
Acquired third-largest citrus fruit producer in Rio Grande Valley.
Acquired, consolidated, and sold three oilfield service companies.
Defended spot currency trading company against securities fraud claims.
Documented $43Million land loan to developer.
Provided local counsel legal opinions in lending transactions totaling over $3 Billion.
Cleaned title and worked with Toll Road Authority for consents on $200 Million industrial project on Houston Ship Channel.
Negotiated numerous pipeline and utility easements for both landowners and pipelines.
Purchased $13 million ranch in South Texas.
Represented office sharing client in numerous office leases.
Represented non-profit in obtaining $25 Million “Harvey” grants and acquisition of land for construction of HAY Center campus.
Documented $63 Million land loan for 2,200-acre residential development.

Admitted to Practice

States

State Bar of Texas

United States District Courts

Northern District of Texas
Southern District of Texas

United States Courts of Appeals

Fifth Circuit

Other Admissions

United States Supreme Court

Education

COLLEGE OF LAW, UNIVERSITY OF HOUSTON
Graduated with a J.D. degree in May 1981; Author of: “Commerce v. Consumer, a Texas Position on Due-On-Sale Clauses.”
GRADUATE SCHOOL OF BUSINESS, UNIVERSITY OF TEXAS AT AUSTIN
Awarded MBA degree in August 1976, with concentrations in Finance and Accounting; Author of: “Accounting and Financial Problems and Procedures of a Brazilian Multinational Firm.”
UNIVERSITY OF TEXAS AT AUSTIN
B.B.A. degree conferred in December 1974. Majored in Finance and Accounting.

Professional Associations & Memberships

Fellow, American College of Real Estate Lawyers
Board Certified in Commercial and Residential Real Estate Law, 1989–Present; POA Law, 2019
Chairman, Texas Assignment of Rents Act Drafting Committee, Chapter 64, Texas Property Code, 2009–2012
Chairman, Texas Uniform Relocation of Easements Act Drafting Committee
Chairman, Texas Real Estate Forms Committee, 2010–2016; Vice Chair, 2008–2009; Member, 1991–2018
Chair, Real Property, Probate and Trust Law Section, 2014–2015; Chair-Elect and Secretary, 2013–2014; Treasurer, 2012–2013; Council Member, 2000–2004; Ethics and Professionalism Subcommittee Chair; Representative on Resolutions Committee, Annual Meeting, 2003
Texas Board of Legal Specialization Real Estate Advisory Commission
Chairman, Texas College of Real Estate Attorneys, 2004–2008; Board of Directors, 2003–2008
Houston Real Estate Lawyers Council
State Bar College, 35-Year Member and Life Fellow; Member, Board of Directors
State Bar 4 D-10 Grievance Committee Member, 1994–2000
American Inns of Court, Master
Licensed Real Estate Broker, Texas
Committee on Brokers and Brokerage, American Bar Association
Briefing Attorney, Hon. Richard N. Countiss, Texas Court of Appeals

CONTINUING LEGAL EDUCATIONS
Course Director:

State Bar of Texas-Advanced Real Estate Law, 2000.
Advanced Real Estate Drafting, 2007.
Advanced Real Estate Strategies, 2015.
University of Texas; Mortgage Lending Institute, 2001 & 2009.
Leasing Institute 2004 & 2005; and
South Texas College of Law Real Estate Course, 2002.
Author and Speaker: 81 times
CLE Planning Committees: 75 times

Recognition, Honors & Achievements

Houston Business Journal: “Community Leadership Awards” Honoree, 2026
Recognized in The Best Lawyers in America®, Real Estate Law (2012-2027)
Lawdragon 500 Leading Global Real Estate Lawyers (2024, 2025, 2026)
State Bar of Texas: “Distinguished Real Estate Attorney Lifetime Achievement Award” 2023.
State Bar of Texas: “Weatherbie Workhorse” Award, 2014.
State Bar CLE: “Standing Ovation” Award 2015.
State Bar College: Jim Bowmer “Professionalism” Award, 2016.
Texas “Super Lawyer” 23 yrs.
Society of Legal Scholars, 2022.
ConnectCRE 2022 Lawyers in Real Estate Award.
H-Magazine “Top Lawyer”.
“AV” rated by Martindale Hubbell; and
AVVO rating of “10”—Superb.

Presentations and Published Writings

State Bar of Texas Real Estate Forms Manual and Foreclosure Manual
Texas Bar Journal, 2011, ’13, ’15, ’16, ’17, ’19 and ’21
Real Property, Probate and Trust Law Reporter, Spring 2003 and Fall 2010
University of Texas Mortgage Lending Institute, 1998, ’99, 2000, ’01, ’02, ’03, ’04, ’05, ’06, ’08, ’09, ’10, ’11, ’12, ’13, ’14, ’17 and ’18
Land Use Institute, 2013
State Bar of Texas Advanced Real Estate Law, 1997, ’99, 2000, ’01, ’02, ’03, ’04, ’05, ’06, ’07, ’08, ’09, ’10, ’11, ’12, ’13, ’14, ’15, ’16, ’17, ’18, ’19, ’20, ’21, ’22, ’23, ’24, ’25, and ’26
Advanced Real Estate Drafting, 1994, ’95, ’96, ’98, ’99, 2000, ’01, ’02, ’07, ’08, ’09, ’11, ’13, ’16, and ’26
Advanced Real Estate Strategies, 2011, ’14, ’17, ’18, ’19, ’21 and 2023
State Bar College Summer School, 2013, webcast 2020 and 2024
Houston Real Estate Lawyers Council
Texas Lawyer
South Texas College of Law Real Estate Law Program, 1997, ’98, ’99, 2000, ’01, ’02, ’03 and ’04
Houston Bar Association, 2016 and ’20
Houston SBA Advisory Council
Gulf Coast Legal Foundation