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Questions Answered by Edward J. Kazaleh
1 Answer | Asked in Bankruptcy for Texas on
Q: My company I worked for is out of business or bankrupct and I need my w2s phones are disconnected.
Edward J. Kazaleh
Edward J. Kazaleh answered on Mar 9, 2014

You can contact the Trustee in the bankruptcy in writing and ask about that. Whoever is administering the bankrupt co. estate (usually bankruptcy trustee appointed by court) will have to handle that. You can also file with estimates to get things moving and amend later.

Figure out which...
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3 Answers | Asked in Personal Injury for Texas on
Q: How do you come up with a dollar amount for a personal injury case?
Edward J. Kazaleh
Edward J. Kazaleh answered on Mar 8, 2014

You don't... overwhelming most cases filed in Court never succeed in getting a recovery with the pro-insurance system in place in Texas. Ask your lawyer IF you have a case. Then depending on the case type, a general rule of thumb MAY be the looking at amount of damages, lost work, impairments,... Read more »

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1 Answer | Asked in Personal Injury for Texas on
Q: I won a psersonal injury lawsuit. my attorney keep telling me that they have appealed. where can i find info on case
Edward J. Kazaleh
Edward J. Kazaleh answered on Mar 8, 2014

From your own attorney is a written letter, fax or email...

You are owed that information and copies of all documents including any notice of appeal filed. The rest of the answer depends on which type or court you are in and where... No other attorney can ethically communicate with you...
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1 Answer | Asked in Personal Injury for Texas on
Q: I had a civil case scheduled before the judge on January 31st. I found out that my attorney didn't file a dispute nor

Show up. The judge closed the case. The case can be appealed in 30 days from 31st of January. The Question is what do I do now?

Edward J. Kazaleh
Edward J. Kazaleh answered on Mar 8, 2014

Wow, that sounds pretty strange. I'm sorry you are having to deal with all of this. Surely there was some communication with your along the way?

I just saw this question and it is outside of your time frame you cited. Did you file a motion to reconsider or notice of appeal or get another...
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1 Answer | Asked in Immigration Law for Texas on
Q: Certificate of Naturalization based on 1 parent who is US Citizen

I am a US citizen but my wife is still a permanent resident. My son is also a permanent resident but under 18 years of age. Can I apply for his certificate of citizenship?

Edward J. Kazaleh
Edward J. Kazaleh answered on Mar 8, 2014

Your question can have multiple answers. He may already be a US Citizen if the following is true:

If born abroad to ONE U.S. citizen, if all of the following are true:

He is under 18 and never married...

• One parent was a U.S. citizen when he was born;

• You lived...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Is the Lien holder liable for property taxes if the buyer fails to pay them?
Edward J. Kazaleh
Edward J. Kazaleh answered on Mar 8, 2014

Generally, No. That is not saying that the contracts among the parties could not make them liable if it was all agreed to. If you are asking if the taxing entity will go after you, they will only go after the property itself if it remains unpaid long enough to become a tax lawsuit.

1 Answer | Asked in Consumer Law for Texas on
Q: By law, how long does a Real Estate company have to deposit rent into the Mortgage owners account?
Edward J. Kazaleh
Edward J. Kazaleh answered on Mar 8, 2014

I hope you got this answered already since it has been a while...

Generally Real Estate licensed persons or companies have to deposit the funds in the account of their client, a special trust or escrow account or with their principal's written permission and direct instruction, elsewhere....
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1 Answer | Asked in Consumer Law for Texas on
Q: What is the statute of limitations for landlord tenant contract breach?
Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

Traditionally, those cases may also be violations of the Texas Deceptive Trade Practices Act (DTPA). Limitation as a general rule are 2 years for tort/DTPA claims and 4 years for contract cases. It is very difficult to get decent proof and testimony if you wait too long. Talk to an Attorney. Many... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: It is legal for a accredited representative of immigration, work as income tax preparer?
Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

That all sounds like potential unauthorized practice of law, which may be a felony criminal offense. You should seek the advice of your Lawyer and not a internet bulletin board.

1 Answer | Asked in Real Estate Law for Texas on
Q: I own two lots in travis county in Austin's etj. I want to build over the the common lot line. Can I?
Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

Yes. Much easier than before now. There is a simple process for you to re-plat the lots if you are not in a restricted subdivision. Just go to the Travis County Engineers office or contact a lawyer.

1 Answer | Asked in Real Estate Law for Texas on
Q: I own a lot that someone has been using as drive thru to new construction next to my property without my permission.

What is my legal recourse?

Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

You really should act fast to be try to be sure that the use does not establish a prescriptive easement over your land giving them legal rights and diminishing your properties value. Hopefully, that did not happen before you bought it.

You should sit down and have an Attorney evaluate the...
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1 Answer | Asked in Insurance Bad Faith for Texas on
Q: We sell a pc land in refugio county, tx, are unable to get a title policy due to missing chain of title. what can I do ?

We are selling a piece if land in regugio county, texas. we went thru title company for 3 month since Oct-2013. This week, they send us an e-mail. "Unfortunately, we are unable to issue a title policy for the subject

property because of an insufficient chain of title. "

we have... Read more »

Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

It may also be possible to establish ownership by adverse possession or file a lawsuit to clear up title. It really depends how large or valuable the land is? I'd like to look into it for you with a no obligation free evaluation. Maybe we could work something out. Please send me specifics by... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Upon excavation for our new pool installation we found there was an existing pool that had been covered up. recovery?

Excavation cost an addition $6000.00 the old pool was not disclosed however we did find out the sellers were aware there may have been a pool; can we recover the excavation cost to remove old pool?

Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

That type of matter really deserves to be evaluated by sitting down with a real estate & litigation lawyer to evaluate the documents, disclosure and agreements made. It could be that you may have a claim that could be brought in Court for your damages and attorney's fees.

If you would like...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Buying a bank owned home and they said the roof is new however our inspector says it is not. Do they have to fix

We want the home but they said it was a new roof. We signed the contract as is but the roof is not new. who is liable and do the have to fix it?

Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

Buying AS-IS means just that, unless there was deliberate fraud or concealment. The roof is open and obvious for your inspection, so it seems like you are getting what you asked for, an AS-IS sale without any obligation for the Seller to fix anything. Usually, the serious price difference more... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: In an earnest money contract, can I relinquish just my earnest money and walk away due to job relocation?

Job offer was unexpected and entails moving out of state.

Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

You may not have to do that...!

Let us have a look at your paperwork please!

For a free consultation contact me.

Edward

------- EMAIL: propertylawyer@live.com

------- WEBSITE: www.bizlaw.pro

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1 Answer | Asked in Real Estate Law for Texas on
Q: My mother has been given acreage in a warranty deed here in Texas can she assign or transfer this land to me
Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

While it really depends on the Deeds, in most cases land (without a mortgage on it and no conflicting claims) is freely transferable and she can transfer if over to you.

You will just need a Deed drawn up, sign it, get it notarized, and take it down to record it at County Clerk's Deed...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Can I lease to purchase a property that is for sale to avoid realtor fees?
Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

No, not without creating greater potential liability for even more and attorneys fees.

Additionally, a lease to purchase is typically a very one-sided and poor investment choice that should be avoided if possible. TREC forms also may require a real estate commission for the Lease as well.

1 Answer | Asked in Construction Law for Texas on
Q: We are building a new home in texas. We are at 15-mths from start date. Our contract did not provide a completion date

We are building a new home in texas. We are at 15-mths from start date. Our contract did not provide a completion date. We were quoted 6-7mths prior to choosing the builder and during process until around 5-mths.

Do we have any recourse for interest costs for carrying construction loan this... Read more »

Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

You may indeed have some legal recourse and be able to recover damages, however, that all depends on your written agreements with the Builder as well. If there is no term for duration of completion, the Courts will impose what is a "reasonable" time period. For most new homes, that can be from 3... Read more »

1 Answer | Asked in Construction Law for Texas on
Q: Can a landowner build a dam on his property knowing it will flood a portion of someone else's property?
Edward J. Kazaleh
Edward J. Kazaleh answered on Feb 26, 2014

The quick answer is no, not if it changes the over-land drainage flows or floods any other property. That is potentially actionable as a trespass and more.

It sounds like you would be best served by sitting down with an experienced property Lawyer/Engineer to see what you options...
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