So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground... Read more »
answered on Mar 20, 2023
You are in a tough spot.
In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties.
As part of the case(s) or causes of action, you will need... Read more »
My HOA contracted for some work but failed to obtain bids.
answered on Mar 17, 2023
While the section is so new that there are not any cases yet on point, it is likely that any homeowner who is a member of the HOA has standing to enforce this provision.
After a DV situation I left the home for safety. The divorce that followed said I was owed x amount of dollars when it was sold. A few months after I left, he did too. He informed my child that he was letting the house go into foreclosure. That way I got nothing and would be unable to save my... Read more »
answered on Mar 15, 2023
In a typical divorce where one spouse is awarded part of real property and the other spouse is responsible to pay the mortgage, the first spouse receives a deed of trust to secure assumption.
If the second spouse does not pay the mortgage, the first spouse can then exercise her rights... Read more »
My mother passed. There was no will. My two brothers have also passed. One brother was not married but had two children. The other brother was married with no children. Is my brothers wife entitled to one third of my moms estate? I am in Texas.
answered on Mar 10, 2023
Nope, she is not. The brother's wife is not an heir of your mother. I think the correct heirs would be:
1) You (1/2)
2) Children of deceased brother (1/4 each)
Find a probate attorney in your area to help you. You'll probably be doing a "Determination of Heirship."
My own attorney was trying to force me or in her words " strongly recommended" that I sign a very one sided document with TAMU. I refused and at the hearing she let opposing counsel slander and lie to the judge with no objections. I was not included on the Zoom hearing or I would have... Read more »
answered on Mar 6, 2023
I'm sorry you're going through this. This sounds like a nightmare.
Anyway, to answer your question, the HOA fees issue should be specified in the document granting the life estate. So, the deed or trust granting the life estate should specify who is responsible for all of the... Read more »
The new buyer would be an out-of-state family member as well.
answered on Mar 5, 2023
In Texas, a person can enter into any contract with another person or business, as long as it is not a crime or otherwise illegal.
Here, when you sell your house to a Buyer, that Buyer, can then rent the house out to you (Seller).
You can enter into any terms you want, including... Read more »
My friend has a 50'x140' lot and offered to sell me a portion without a house. He wants to keep his house for himself. Where should I begin to take him up on his offer?
answered on Feb 27, 2023
A 50' x 140' lot is already pretty small (7,000 sq ft). There probably is no Code section directly on point. In the City of Dallas, the minimum lot size for residential use is 7,500 sq ft., but there may be older homes that are grandfathered in. You also need to analyze the required... Read more »
I do not live in the city where the property is located
I live in the dallas area and the property is located in east texas
answered on Feb 25, 2023
You must take the Notice Seriously.
You should find an attorney and a contractor to slow down the City and get a price on resolving what problems are alleged about your property.
You should put in an Answer and object to the demolition ASAP.
Call my office if you need... Read more »
Seller agent says the money goes to them because buyer is terminating the contract. We didnt terminate, the bank just denied us. Its the TREC form.
answered on Feb 24, 2023
If your purchase of the property was contingent on you getting third party financing (for example, from a mortgage company), your TREC earnest money contract should include the Third Party Financing Addendum.
Paragraph 2 has optional boxes to check concerning what happens to the earnest... Read more »
I ask this, if I sell a house my ex and I both co-own, we take our 50/50 share, and go separate ways. Would I need proof we are no longer living together as a couple and that person has no more ties to me? I do not want my future investments/assets/earnings to be effected by my ex being entitled on... Read more »
answered on Feb 23, 2023
You cannot file a divorce if you are not married.
If both owners agree, you should be able to sell the property without a problem.
With the exception of debts like property taxes, utilities, etc tied to your joint ownership of the property, you should not have issues with other creditors.
I just want to know if I can be forced to sell my home, just because other party wants to leave and wants money? Also, we are not legally married, and we do not meet the elements of a common law marriage.
Any advise would help. Thank you!
answered on Feb 22, 2023
As you are both on the deed, either of you can force a sale of the real estate by means of a judicial proceeding.
Can they take our home, business, or bank accounts? Please help! Which state’s laws apply in this case?
answered on Feb 22, 2023
I am not licensed in Illinois or Texas, but in general:
1. Illinois law applies to the foreclosure. If there is a money deficiency or judgment that you are personally liable for, the judgment will be entered in Illinois.
2. The judgment creditor, if it intends to execute on the... Read more »
We never saw contact or
Went to sign at the attorney or bank
She was given cash money
And she put the land warranty deed with lien... the buyer used our land as collateral got the loan money and gave it All to her...
All of this is a Fact..
Just want to know... Read more »
answered on Feb 20, 2023
27 years ago is a tough one. You might have more luck with the DA as the fraud crimes statute of limitations do not trigger until discovery of the fraud.
Then the question becomes: Why and how did you not know until now?
LMK that answer so I may be able to guide you further.... Read more »
There are problems getting a clear title. There are 2 deceased aunts and their heirs who show as having interest in land. Title search has not been able to find any of them for three months. How long do I have to wait for title to clear. And under what circumstances can I terminate contract.
answered on Feb 20, 2023
You will have to wait until all the heirs are found and sign off on the sale to get clear title.
There is a deed of trust to the current owner from an aunt that gave it too her, I will retain representation to fix title after my purchase, so my question is, if a very distant relative came forward, they would be a 1/50th owner, could they try to sue for more than that share. Also, if money... Read more »
answered on Feb 20, 2023
Do not transfer money unless that title is cleared. And it will take some difficult lawyering and money to remove the clouds. Hire a TX attorney that conducts real property litigation. You may wish to walk away.
I was told that there is absolutely no requirement to sign bylaws or CC&Rs. they also do not have any enforcement capabilities. However, I am aware of another voluntary HOA that has enforcement and ticketing capabilities. They allegedly aggressively pursue homeowners for arbitrary violations. I... Read more »
answered on Feb 17, 2023
The simplest way to answer your question is to say, YES. Where there are NO HOA restrictions written in the original deed that subdivided the neighborhood, then the restrictions DO NOT RUN WITH the land. Everything else is basically done by agreement.
Agreements on the use of land can say... Read more »
answered on Feb 17, 2023
It depends on the language of your lease agreement with your landlord.
Although MTM fees aren’t common in Texas, this would be a typical situation where such a fee would apply since you are holding over beyond the end of your lease term.
He was taking to long and missed several days, and I tried to communicate with him to check how We can proceed with the cancelation of this project but he is not answering any of my calls. Can He put a lien on my property? Do should be worried about it? Do I need to hire a real state lawyer?
answered on Feb 15, 2023
Yes, I would be concerned.
You should have consulted an attorney experienced in construction law before unilaterally terminating the contract.
A contract is binding on both parties. In the absence of a clear expression in the contract of a fixed completion date and that time is of... Read more »
My girlfriend and I were getting back together after a short breakup in July 2021 and looking for houses. At that time, she had already applied for a loan in her name. When we found the house, she purchased it under the premise that we were moving in together and would be splitting everything 50/50... Read more »
answered on Feb 14, 2023
You are in a terrible position. However, you could assert that you were here partner in the purchase of the property, and ask a court to name you as her constructive partner. You would need lots of proof to establish your interest in the property, but you have a chance. Do not wait. If you did file... Read more »
We are trying to sell a home and the home was passed to my family member through a will, but the will was not probated so we will need Heirship Affidavits for everyone, and if we have the will probated, we shouldn't have to go through the Heirship Affidavit process. This is what the title... Read more »
answered on Feb 14, 2023
The affidavit of heirship would actually probably be cheaper and faster.
So, you COULD probate the will, but it would cost thousands and take months.
I would probate the will if the people who would inherit under the will differ from the people who would inherit without a will.
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