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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: I have a shed that I hadn’t made any payments on for a few months they took off my fence and took the shed

They didn’t put the fence back what can I do

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can hire a fence contractor to replace your fence or you can do it yourself. If they can successfully sell the shed and recover more than the amount you owe plus the cost of repossession (including the removal of the fence) and cost of the sale, you may be entitled to any additional proceeds.

1 Answer | Asked in Real Estate Law for Texas on
Q: If my apartment complex is sold to a new owner, am i required to sign a new lease?

I have lived in my apartment for 7 months and i have signed 2 leases during that time (my lease is for 12months). The second time i sign lease it was due to the property being sold to a new owner, which it was sold again to a new owner (who i have no information about). Since my complex was sold 3x... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

No, you are not required to sign a new lease.

If the new owner purchased the complex with prior knowledge of your lease, the new owner can simply step into the shoes of the old owner as your landlord under the terms and conditions of your current lease.

The new owner may ask you to...
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0 Answers | Asked in Real Estate Law for Texas on
Q: The fence at boundary line back yard been collapsed but neighbors she refused pay half for replacement.can I sue her

I have been deal and messages to neighbors 14 days after hurricane collapse fence but she said she not care no money pay it ,that her fence she do what ever she want .Fence is boundary back yard have to split cost but she didn’t want pay .Do I need sue her ?

0 Answers | Asked in Real Estate Law for Texas on
Q: Is it legal to charge HOA dues in Texas if Sec of State forfeited the entity?

The HOA entity was forfeited in 2010 from Sec of State but the HOA's current board collects HOA dues. In my deed warranty it states" "this conveyance is made and accepted subject to all easements, reservations, conditions, covenants and restrictive covenants as the same appear of... View More

0 Answers | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Texas on
Q: If landlord in Lubbock Texas rents by contract a residential 1 B room 1950 build home for 1 yr. with no occupancy cert.

Been homeless now over a year after fraudulent eviction tactics and illegal renting by contract for 12 months

0 Answers | Asked in Real Estate Law for Texas on
Q: Do I have to pay HOA dues if the HOA entity was involuntarily ended by the Secretary of State 14 years ago?

I live in a PUD (planned unit development) in Texas. The PUD was developed in 2002. The original developer let the HOA fall into involuntary end status in 2010 because he sold all the homes and left. The contract mentioned a successor clause, but no one reinstated the entity to active status. I... View More

0 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: What would be the correct motion to ask

What would be the best way to get a answer from the court on if a probate was actually done or not. No file can be located but there is a couple pages that would make one think that it took place. But two affidavits say there was no probate done.

We are under the impression that some of... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: My mother passed away 6 years ago, father is also deceased for 20 years, there was a handwritten will leaving property

to a grand daughter, she never had the will probated, she lived on the property until 2 years ago when the house burned down, She never paid any property taxes and the county is getting ready to take the land. I am trying to pay the back taxes and get the land put into my name solely. So, is the... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: Can you help with the process of adverse Possession.
0 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Civil Rights for Texas on
Q: I'm a handicapped business owner who could not move during natural disasters. Judge did not give me extra time to move .

I tried to e file request but was ignored . Also

Never got a hearing , trial , just a judgment ok n mail. I'm in a wheelchair and was not able to move during floods ! This is not an excuse it's fact

How can I be responsible for acts of god ! And lose everything ! There... View More

1 Answer | Asked in Family Law, Real Estate Law, Small Claims and Landlord - Tenant for Texas on
Q: Me & my ex partner separated shortly after buying a home together we only lived together in the house for a month.

She refuses to vacate the property, list for sale, and remove herself from the deed. I called the bank to remove my bank information for the monthly payments but they stated it had be authorized by both which she is not cooperating. I had a lawyer I was working with but he has been stating for the... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

When two or more persons own a home together, each owner has the right to occupy the home absent a written agreement to the contrary signed by all of the owners. An owner can only sell that owner's interest and it requires all of the owners cooperating together to sell the entire interest in... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: My brother passed without a will in Tx his house 270000 his pension $$ his ex hired a lawyer we can't afford one

Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.

Your brother's ex cannot inherit anything from your brother's estate...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: We have both agreed to divorcing. Only tie to each other, other than marriage, is our mortgage that we are both on.

My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: Can I back out of home sale because closing date wasn't met due to hurricane? No new contract issued yet with new date.

The loan person for the buyer was also working on getting additional money from assistance programs. So I don't know if they would have even met the closing date today 11th even without the hurricane that was actually a tropical storm. Verbally I said ok to the 15th;

however, I have... View More

3 Answers | Asked in Products Liability and Real Estate Law for Texas on
Q: A friend asked me to come and bid for a half interest on her house andher attorney showed up and outbid me. Feel defraud
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Seems counterproductive for your friend for her attorney to have to outbid you for her half-interest in her house.

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0 Answers | Asked in Small Claims and Real Estate Law for Texas on
Q: Undisclosed foundation repairs when purchasing home led to costly repairs

We bought a home in Dallas in 2020 and found out that foundation work was done by the previous owner that was never disclosed to us. We only found this out because we've been experiencing issues due to the increase in Texas thunderstorms over the past few months. This has led to costly repairs... View More

2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: A property is behind 7yrs in taxes can I pay and claim ownership

Abandoned for 7 years

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

If you buy the property in a tax foreclosure sale, yes. But you do not automatically obtain title to a property simply by paying past due taxes.

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1 Answer | Asked in Real Estate Law and Contracts for Texas on
Q: Can someone demand past house pymts over a year later, without sending notice of late pymt EVER?

We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More

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