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Texas Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Texas on
Q: Im harris county who owns the parkway the city or person ?

I’ve been having trouble with my neighbor she complains about us parking on her left parking spot on the road infront of the side walk . She complained about the car getting on the grass sometimes and we have fixed that issue now she’s complaining and threatening to sue or give us a ticket for... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Did the new refinance change who gets the equity?

I got divorced a few years ago and in the decree I was awarded the house and equity. After the divorce, my ex refinanced the house with me so that my payment would be lower. He now says he never agreed to give me the equity and that with the new loan agreement, he should get his half of the equity... View More

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

Your question strongly suggests you did not follow the advice of your divorce attorney. If your divorce decree awarded you the residence, there should have been an accompanying special warranty deed from your ex-husband to you deeding the home to you and an accompanying deed of trust to secure... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I judge refuse to look at evidence for stolen property deeds was told if I wanted my land back should got lawyer.

My mother who is disabled on a fixed income and her siblings had their land stolen by their step sister when she had power of attorney for her father. He revoked power of attorney stating that she had no permission to do any of this he had no idea this happen until he went to pay taxes . He... View More

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

It depends on many facts not stated in your question. A judge usually does not look at any evidence until a trial or evidentiary hearing on a matter. Prior to the trial/hearing, a litigant almost always has a duty to disclose his/her evidence in the discovery process. Evidence not properly... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: put 24k down on, moved in owner was suppose to transfer into my name, still has lein , didn’t have permission I want out

I want to pay rent on leave owner says I purchased but can’t put in my name cause lein what’s fair

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

Have the owner pay the lien with the $24K you put down or bond around the lien .

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: Probate question. My home was put as seperate prop instead of comm prop and now at risk for foreclosure. How can I fix?
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The best and fastest way to prevent a foreclosure is to pay off the debt which is secured by the home. Whether the home is your separate property or community property shouldn't significantly impact the foreclosure process. If you can't pay off the debt entirely, contact the lender and... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

Anthony M. Avery
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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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0 Answers | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Would it be ideal to pay an attorneys fee for a demand letter that we are needing to send to a past landlord?

Our previous landlord is part of an investment company. They invest in properties. We had made a negotiation to end our lease early due to the home not being livable per say. Incidents kept happening with he home and the landlord agreed to let us out early. Come a few months later, we are sent a... View More

0 Answers | Asked in Estate Planning, Personal Injury and Real Estate Law for Texas on
Q: What is the correct motion to file

Whats the motion to file called to ask for a review into the processes to show that none were released from guardianship as well as sale of property was done before the application was made to request sale. and a couple more issues that were not properly followed as the steps to sale interest of... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: In Texas, can an HOA prohibit you from building an ADU?

I am beginning house-hunting, and will eventually want to add an ADU. I am trying to determine if I should exclude HOA neighborhoods.

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for Texas on
Q: If I paid for a package for real estate licensing but got sick with a chronic illness can I get a refund?

I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Request for Earnest Money Refund Options

I signed a contract to purchase a new house in Liberty Hill and paid earnest money along with an upgrade amount. Around the same time, I also bought a second home in Georgetown with the intention of making it my primary residence. However, I didn't end up moving into the Georgetown property as... View More

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

While it depends on the particular contract, most earnest money contracts for a house with a financing contingency (which is common) provide that the earnest money will be refunded to the buyer if the financing contingency isn't met. Typically, the Buyer only has the obligation to apply for a... View More

0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: Certificate of Compliance

My home was build through a City program back in 2003. They entered a New construction certificate to TDI and they never went back to submit the paperwork to update the completion of the home WPI 2 forms. How do I get the City to do finish what they started and never completed. They now trying to... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a writ of Possession be requested to enforce Judgment.

Can A WOP be Requested years after Judgment that states shall have writ of possession and restitution and other methods in order to in force this decree. Im wanting to know if the judgment runs with however long the land is owned by the individual or there heirs and could be used to remove subject... View More

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

A writ of possession may not be issued more than 60 days after a judgment for possession is signed, and may not be executed more than 90 days after a judgment for possession is signed. TRCP 510.8(d)

0 Answers | Asked in Real Estate Law for Texas on
Q: Do I have any legal options in a dispute with an RV park real estate deal that seems fraudulent?

Hello,

I have a question regarding the purchase of a plot in an RV resort park. It almost seems like this experience is an outright theft of my investment. Do I have any legal recourse? I would like to get my money back but thats not my primary motivation, rather, I do not want anyone else... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can an apartment complex start charging for water usage if not stated on lease?

Im not seeing it anywhere on the lease that i would have to pay water only electricity

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

No. If water was not included in the lease, typically it would be the tenant's responsibility to set up his/her own account with the City or MUD.

1 Answer | Asked in Real Estate Law for Texas on
Q: I have a deed to my property and a small city says it is theirs for a proposed road. Has been blocked off for 20 years

Who has burdon of proof me or the city

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The plaintiff in any lawsuit will have the burden of proof. So it depends on whether you or the City is the plaintiff in any subsequent litigation.

Rights of way for existing or proposed roads may or may not be indicated on a deed itself. A typical Warranty Deed explicitly says:...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Would it be possible to ever change my deceased mothers property to my name if she had no will.

My deceased mothers property is just sitting there and I've been paying her back taxes. When she was alive she stated she wanted to leave one lot and the trailer that's sitting on it to me and the other one with a trailer to my niece. I have 2 brothers and one sister I don't think... View More

John Cucci Jr.
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answered on Feb 4, 2024

Yes. To get it in your name exclusively, or exactly as your mom stated, you can have papers drawn up, including an Affidavit of Heirship, and agreements between your two brothers and your sister. If they all agree, you can have the property transferred as you stated. If they will not agree, you... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Selling an inherited home in Puerto Rico. Can my travel expenses be deducted when proceeds be distributed?

We do not live in Puerto Rico. I have traveled to PR 4 times in order to get the house ready for sale and also initiated and paid for all documents required starting with the “Declaratoria de Herederos”, appraisal, cleaning and other services to keep the house in good shape. Inclusive paying... View More

John Cucci Jr.
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answered on Feb 1, 2024

If the property is being sold through an Estate that is in court, allthe expenses to manage the property and in preparation for it's sale, can and should be accounted, and figured into the distribution to heirs.

If you do not have an attorney on the Estate case, you should get...
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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Identity Theft for Texas on
Q: A court enters the following findings of facts. a visiting judge vacates order but not mention the facts are still valid
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

Findings of fact remain even when an order has been vacated. The findings of fact frame the issues for an appeal of whatever final order is entered by the court. A trial court can amend or make additional findings of fact.

2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: If you paid taxes Can someone take your property if you abandoned it for year and haven't maintained your property?

I have always paid taxes but I live out of town so my son's wife who owns the lot next to my property cuts the grass like it's hers. Can she take it away and claim i abandoned it?

T. Augustus Claus
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answered on Jan 30, 2024

In Texas, simply paying property taxes on your land does not automatically protect it from claims of adverse possession, especially if you have abandoned the property and have not maintained it. Adverse possession, commonly known as "squatter’s rights," allows someone to claim ownership... View More

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