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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: Can my husband sign his rights away to property that was bought well into our marriage without my consent?

My husband and his two brothers were buying 30 acres together. We had a mobile home on the property that we got behind on the taxes. His brother had him sign something that was supposed to keep them from taking the land or that is what I was told. Now I find out that it was something saying my... Read more »

John Cucci Jr.
John Cucci Jr. answered on Jan 25, 2022

Sorry to hear about your problem. If you are married EVERYTHING, either of you obtain that has value is "joint property." Thus, if your husband obtained an interest in land, the release of the ownership he purchased, would require your consent to be lawful and without recourse. To be... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Is a mortgage company required to follow the court order /Special Warranty Deed when refunding escrow money?

I made a deal through the court. I was given the property and the fulfilled my end of the deal signed by a judge. I also obtained a new mortgage. The Special Warranty Deed signed by all parties states that the escrow money from the previous loan goes to me. The mortgage company wrote the refund... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

The mortgagee is probably not subject to the Court Order. You might hire an attorney to make demand for the money, but suing it for breach of contract/conversion is not a good option. You may have to deal with the other payee.

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: How to remove my deceased husband’s name off our homestead residence.

Home passed to me automatically thru joint tenants with right of survivorship deed. I want to add a transfer on death deed for when I pass away but believe I have to remove my husbands name from deed before recording a transfer on death deed

Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

If you have title as the survivor, no further deed conveyance is needed. Your future interest conveyance will need a proper derivation of title clause, and a recorded affidavit would help. Hire a competent TX attorney to draft that deed.

0 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: How to remove my deceased husband’s name off our homestead residence.

Home passed to me automatically thru joint tenants with right of survivorship deed. I want to add a transfer on death deed for when I pass away but believe I have to remove my husbands name from deed before recording a transfer on death deed

0 Answers | Asked in Real Estate Law for Texas on
Q: My seller was provided information by an HVAC company who noted everything was working in good order.

I just bought a house and had received an HVAC company's evaluation stating that the HVAC system was working and in good order. I have been there 3 months as of Saturday. Upon moving in, we had noticed some major issues. The HVAC company provided a statement to the seller that said... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: My wife and I are renting an apartment. We were supposed to sign a new lease and now the apt mgmt won't return our call

Apt mgmt was supposed to have a new lease to sign almost 2 months ago but never answers our returns our calls even though we are still making rent payments as usual. When our lease was up at the beginning of Dec, mgmt tried getting other tenants to turn on each other by spreading rumors about each... Read more »

0 Answers | Asked in Real Estate Law for Texas on
Q: Mortgage? I ihave a contract areeing to an amount and then at closing its only half of what our contract stated.

Buyer states they will take care of the difference and then says later that they don't owe anything is there anything I can do since I still signed the closing paper work?

0 Answers | Asked in Family Law, Real Estate Law, Civil Litigation and Civil Rights for Texas on
Q: What can I do i do if my attorney don't show my PROFF in a court hearing or tell me when it is

I need to file against my attorney as a complaint to Texas state bar of attorney .for nigcommunicating with me

0 Answers | Asked in Real Estate Law for Texas on
Q: Am I liable for payment done on my property by a contractor who was hired by a land developer who refused to pay?

I am selling some land in texas to a land developer. She authorized the land to be cleared (she had not purchased the land yet) and did not pay the contractor. The contractor put a mechanics lien on my property saying that the land developer was acting as my agent, which is false. Am I liable to... Read more »

0 Answers | Asked in Real Estate Law for Texas on
Q: Home Buyer Wants To Sue 9 Month Later

We sold our house 9 months ago. The buyer backed out of the sale once and then came back and wanted to buy it again a few weeks later, which he did. He had the house inspected twice, his inspector found some minor issues and we agreed on a cash payment (as a reduction in price) to cover them. Now 9... Read more »

0 Answers | Asked in Real Estate Law for Texas on
Q: Can a new owner come in and change your lease even though it does not end yet?

A new owner took over these houses and is trying to charge us more money and change the rules even though our lease is not up

0 Answers | Asked in Real Estate Law, Government Contracts and Landlord - Tenant for Texas on
Q: I'm on gov. assistance program and the property management company that I'm renting from sent out a rent increase last r

An now another this week but nobody else that's on gov assist an renting from them have another increase.I feel it's retaliation, discrimination along with harassment bc I had exhausted all of my resources for 3 years to have them fix something in this house the correct way.The have a... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: There has never been an open HOA meeting and this year we were hit with an increase and special assessment - can they?

New developer took over the community and according to records they purchased 71 lots in 2016 now they are saying they took over a poor HOA and now hitting the new homeowners with an increase and special assessments.

John Cucci Jr.
John Cucci Jr. answered on Jan 19, 2022

Sorry about your problem. The way you should proceed now is to get a copy of the HOA bylaws and/or rules. They should have language in there that covers Notice rules, Meeting rules, and other matters concerning the board of directors or executive positions on the HOA, and how that is done. Once... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: what happens to me now and can I get them to stop?

The place I'm rent and still have a vail lease that doesn't run out for a 2 years. Now the place has been abandon by the owner and seized by the county. To settle out hoa debts. Now the hoa is harassing me daily to run me off. This is in Texas.

John Cucci Jr.
John Cucci Jr. answered on Jan 18, 2022

You do have some rights, however, you may need to start a lawsuit, in court, to assert your rights. You would need to find out if there are any pending foreclosure proceedings and whether or not, your landlord is still alive, or find out where they are and what their status is right now.... Read more »

1 Answer | Asked in Divorce, Bankruptcy, Real Estate Law and Cannabis & Marijuana Law for Texas on
Q: Divorce court said he needed to take me off the home. He never did. The house is about to foreclose.

I don’t have the money to fly to Oregon and get another lawyer to force him to refinance. I also learned he put the home in forbearance while the divorce was still processing. So now he has to either pay back 30 grand before he can refinance OR have me agree to sign papers to put that money on... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2022

You need to consult your divorce attorney and move to hold him in contempt in the divorce case. He will likely have to hold you harmless on the debt regardless.

0 Answers | Asked in Real Estate Law for Texas on
Q: Couple cohabited in TX, one not on deed abandoned belongings at property. After 1yr now wants those abandoned items.

Just want to know if that person who has now married another has any legal claim to the property left behind?

0 Answers | Asked in Real Estate Law for Texas on
Q: Is there a maximum that an HOA is allowed to charge for "fees" for association dues be paid out over several months?

The HOA that I just purchased a house in is charging $34/month for "administration fees" to allow the assessment to be paid out monthly. This seems very excessive (they also have a $15 transaction fee to pay by credit card).

0 Answers | Asked in Real Estate Law for Texas on
Q: Do I have to share the proceeds of the sale of property after spouse dies?

We were married 30 years and both of us had children from a previous marriage. I have a durable poa but we didn't have a will. This property is less than an acre and not our homestead. All the children are in there 30s. Our primary residence was lost after his death. I'm trying to... Read more »

0 Answers | Asked in Real Estate Law for Texas on
Q: Hello, My father in law cosigned on a loan for us to buy a house. Is there a way to remove him from the deed?

We were told he would be a cosigner with no titled interest but then when we received the deed back, this was not the case. He is fine being removed from the deed for homestead purposes but kept on the mortgage as a cosigner. This is what we thought was happening to begin with. The mortgage company... Read more »

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