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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Family Law and Real Estate Law for Texas on
Q: How can I get a Power of attorney document ?
James Clifton
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James Clifton
answered on Oct 30, 2024

If you are looking for a statutory durable power of attorney for finances or a medical power of attorney, you can access them through the Texas Department of Health and Human Services website. If you need a specific power of attorney for the sale or purchase of real estate, that will need to be... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: I received a document saying my condo’s hoa lost lawsuit and the settlement will be around $5M. Will I have to pay?

I co owned this condo with my ex wife. Need to transfer the loan/deed to me. Need to know if I have any financial risk of owing a large amount of money to cover the HOA’s lawsuit lost once I transfer the condo’s deed/loan to myself. The HOA’s lawyer seemed to say the HOA’s insurance won’t cover it

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

It seems likely that the HOA will have to make a special assessment on the owners to satisfy the judgment or will have to dip deeply into its reserves and raise the members' regular assessments to replenish the reserves. That may render certain types of financing (like FHA loans) unavailable... View More

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0 Answers | Asked in Real Estate Law for Texas on
Q: Two issues mobile homes I own in Robstown TX.

1. I have a buyback agreement that the company is not honoring. 2. The PM company allegedly "swapped" a unit without my knowledge, which did not happen according to tax records and are now charging me for repairs in a vacant unit I do not own.

0 Answers | Asked in Real Estate Law for Texas on
Q: Our mortgage sold in Jan. Old payments was $3300 monthly for 2 years then they sold us to another and it is now $6600.

Stating our escrow was in the negative! However together tax ins.is only $16000 yr. How can they do this?

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I need to break my lease due to mental health. I already have a letter from my doctor. Is this possible? What can I do?

I have been diagnosed with PTSD, depression and anxiety. It is a toxic household for me and I have panic attacks. I was wondering if there is any way i can get out of my lease ASAP. I dont know if i can wait for another tenant to take over.

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: The fence between my neighbor and me is breaking and they only want us to fix it. Should they pay half? They refuse to.

The fence was in place when we moved-in, and it is in-between the property lines. They keep hassling us to fix it, but will not help with paying for it.

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Can a divorce decree recorded with the county serve as valid title transfer in Texas, or must a deed follow for owner?

Could a divorce decree in Texas be legally recognized as a sufficient transfer of title, similar to a deed, if it is recorded with the county? If not, what specific legal requirements or steps are necessary to convert a divorce decree into valid title ownership? For my adverse possession claim, I... View More

John Cucci Jr.
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answered on Oct 13, 2024

Your questions are complicated and hard to answer without seeing your Divorce Decree, and other deeds and filings on the property, prior to your Decree.

The short answer: No. A divorce decree does not transfer ownership or title to land. You need to get your ex to execute a deed, or you...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Home equity loan

My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?

James Clifton
PREMIUM
James Clifton
answered on Oct 11, 2024

If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More

2 Answers | Asked in Real Estate Law and Civil Rights for Texas on
Q: Condo which applies to Ch. 81 & 13 retroactive provisions of Ch. 82. Regarding displaying religious symbols.

More specifically, I previously read somewhere before and I can neither find it in the by-laws, declaration, Ch. 81 or Ch. 82 that you may not deny postings of religious items such as your front door or garage door. This pertains to wanting to fly an Israeli flag by someone of the Jewish faith. I... View More

James L. Arrasmith
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answered on Oct 8, 2024

In Houston, Texas, condominium associations are generally governed by the Texas Property Code, specifically Chapter 82, known as the Texas Uniform Condominium Act, and by Chapter 81 for older condos. Both chapters address how condos should operate, but neither directly prevents you from displaying... View More

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1 Answer | Asked in Real Estate Law and Civil Rights for Texas on
Q: Condo which applies to Ch. 81 & 13 retroactive provisions of Ch. 82. Regarding displaying religious symbols.

More specifically, I previously read somewhere before and I can neither find it in the by-laws, declaration, Ch. 81 or Ch. 82 that you may not deny postings of religious items such as your front door or garage door. This pertains to wanting to fly an Israeli flag by someone of the Jewish faith. I... View More

James L. Arrasmith
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answered on Oct 8, 2024

In Houston, Texas, condominium associations are generally governed by the Texas Property Code, specifically Chapter 82, known as the Texas Uniform Condominium Act, and by Chapter 81 for older condos. Both chapters address how condos should operate, but neither directly prevents you from displaying... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: Does my landlord forfeit the right to keep my security deposit after 30 days? Did we do anything wrong?

We haven't received any word from our landlord regarding the deposit. We sent a text, the primary mode of communication, as one form of 30 day notice. She responded and said thanks. We also sent a hard copy of the notice with a forwarding address to her office and emailed a couple of days... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: Did we do anything wrong to not receive our security deposit? Does she forfeit her right to the refund after 30 days?

We haven't received any word from our landlord regarding the deposit. We sent a text, the primary mode of communication, as one form of 30 day notice. She responded and said thanks. We also sent a hard copy of the notice with a forwarding address to her office and emailed a couple of days... View More

0 Answers | Asked in Real Estate Law for Texas on
Q: I own some heirship property and how do I obtain ownership of the property?

I have paid all the taxes for 20 years

1 Answer | Asked in Real Estate Law for Texas on
Q: A cop took it upon himself to demolish my home and bragged to me he was going to do it on August 1 of this year when he

came out to my house and predicted he would do this, which he did two or three weeks ago after forcing me - and I meaning physically - into the psych ward of a hospital before commencing the demolition. I had no forewarning and everything is gone, and I mean everything. I want to sue this piece... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2024

I'm not sure you have all the facts straight. I mean no disrespect.

A police officer does not have the power or authority to demolish any house anywhere. A city may demolish a house inside its limits, but only after Due process.

I have seen towns and cities demolish houses...
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1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Im selling two adjacent properties in Texas one is our primary residence, w/loan second no mortgage.

Total profit for both is $555k

We do qualify for capital gains deduction on the first home. Cash buyer wants one transaction can we separate funds after for taxes

James L. Arrasmith
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answered on Oct 3, 2024

When selling two adjacent properties in a single transaction, it’s important to carefully consider how the funds are allocated to maximize your tax benefits. Since one property is your primary residence, you may be eligible for the capital gains exclusion on up to $250,000 of profit ($500,000 if... View More

2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
PREMIUM
James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I got rental assistance from a church. The check takes 2 weeks to mail. Can they still evict me or make me pay?

The property manager is the one who told me to call this organization to help. She is telling me now I have to balance or she will file for eviction. They have already mailed the check out. She just hasn’t received it.

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

A landlord can evict a tenant if the tenant fails to timely pay rent as agreed in the parties' lease agreement.

1 Answer | Asked in Real Estate Law for Texas on
Q: Does an existing easement shown on a survey have legal standing?

I’m in the process of trying to find my first home to purchase. The one I really like is a landlocked property with an existing 40ft easement that does show up on the property survey. Does that mean legally I would always have access to ‘my’ property? Or would the neighbors who own the land... View More

Anthony M. Avery
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answered on Sep 24, 2024

Surveys do not convey title nor easements. Hire a TX attorney to search the titles and determine whether an easement exists or not. Then either get the property with access or go somewhere else.

2 Answers | Asked in Real Estate Law and Insurance Defense for Texas on
Q: I own an El Paso, TX home mom is living in, sister has caregivers with no liability insurance. Can I require insurance?

I own an El Paso, TX house my 88 year old mom is living in, and have discovered that the caregivers employed by my sister do not have any insurance of any kind. No liability insurance nor worker's comp.

This puts me at great risk, since a claim could wipe me out financially.... View More

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

Under your circumstances, you should hire a licensed home health care company to provide care for your elderly mother. Hiring random people to act as caregivers for an elderly person sounds sus and is very risky.

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1 Answer | Asked in Child Support, Family Law and Real Estate Law for Texas on
Q: I have a child support lien attached to my homestead property in Texas. How do I get it removed?

I received a judgment for non-payment of child support back in 2009 at which time it was turned into a lien that was attached to my homestead home in Texas. I was unaware of this action. In 2019, my ex renewed the lien. Again, I did not know the lien existed or received any notifications from the... View More

James Clifton
PREMIUM
James Clifton
answered on Sep 18, 2024

If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the... View More

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