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Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More 
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answered on Oct 15, 2023
I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More
my former roommate got fired and fell behind on bills i agreed to cover it for him with the understanding he pays it back as soon as he can and he tried decently hard of it at first then he totaled his car a few months later and fell even more behind on bills i asked him on multiple occasions when... View More
answered on Sep 23, 2023
Yes you can sue but it appears he may not have any non-exempt assets to satisfy any judgment you may be awarded.
I just found out today my landlord is taking me to court for back rent when I’ve been waiting months to hear from them so I could apply for rental assistance. They never said anything to me but today all of a sudden my case got filed. After months of not being able to pay the rent.
I... View More
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answered on Sep 21, 2023
You have it right. If there is a judgment against you it will be a public record. However, simply filing an eviction or other case for rent will not show, unless you go to trial and lose.
I hope this helps.
I've had a demand sent to him but he has failed to remove the fence. Should I file trespassing against him & file against who he claimed did a survey on property without my permission in my absence from my home. Do I have the right to remove the fence myself? I'm a Senior on a fix... View More
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answered on Sep 20, 2023
I would like to know how far his fence encroaches on your land.
The best way to deal with your problem is to get a survey and have the surveyor mark the boundary lines, or hire a lawyer to deal with your neighbor. Then, if his fence is on your land, you should send him a certified letter... View More
Buying non-homestead property being sold by a married man who acquired it recently (during marriage) and I think his spouse should sign to acknowledge the sale of community property even though only his name is on the deed. Title company says husband will sign Homestead Affidavit and wife will not... View More
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answered on Sep 20, 2023
You are not way off-base. I would require a waiver by the wife, proof of a separate property regime by the spouses, or require that the wife sign the deed. While the Title Company is liable if there is a problem later, I would not want to be making a claim later or needing to deal with a legal... View More
Our HoA Management company is sending out violation notices with administrative fees tied to the letter. There is nothing about admin fees in our CCRs/Bylaws, nor could i find anything in Texas property code. When asked regarding this issue the management group stated " The administration fee... View More
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answered on Sep 16, 2023
Any inquiry about a HOA and its power and authority starts with looking at the deed that created it. If it is clear that the HOA is not in compliance, then they should not be able to enforce rules that are unlawful or unreasonable.
Notice and an opportunity to be heard are necessary by any... View More
Don't have any interest in the property and want to gift it to me how do I transfer title without a deed or will
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answered on Sep 7, 2023
To transfer ownership of the property without a deed or will, you'll typically need to go through a legal process. Since the previous owner passed away, it's essential to follow these steps. First, you may need to initiate probate court proceedings, especially if the previous owner passed... View More
Since my townhouse area has had at least 3 power outages in the past year, one lasting over three days, resulting in my home being untenable, would any HOA objection to the installation of a home standby generator be enforceable?
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answered on Sep 9, 2023
As long as the installation of the generator does not violate any other rules, you should be OK. I would be concerned with where you place the generator. Most HOAs require you to have any mechanical systems in the back-yard or otherwise placed out of view from the front.
I hope this answers... View More
I have multiple work order video and pictures of my ac leaking inside and reading 80 degrees the apartment has came out multiple times saying it fix when it’s not they offer as to transfer but with 250$ fee I don’t believe we should have to pay the 250$ if we’re transferring for something... View More
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answered on Sep 4, 2023
Yes.
You have a case. However, it's not worth much.
If you want to sue the AC company, go to small claims court.
Better is u call and harass the company or make a scene in front of their office for the public to see.
Good luck!
A mother and son owned property, both are listed on the deed. Both have now passed away--the mother first over 20 years ago and the surviving owner one year ago. Title company is asking for a new affidavit of heirship (AOH) for the mother, and her deceased spouse. Current AOH for the mother lists... View More
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answered on Sep 1, 2023
The title company can provide you with a copy of the deed.
EDIT: I have to add this because it seems that they are trying to circumvent the CCRs and bylaws be their response to my email, here is the response: "
Unfortunately, per the contract we hold with the board, there are admin fees assessed to homeowners when sending violation letters.... View More
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answered on Aug 24, 2023
If the HOA has not complied with the HOA rules and regulations, then they can not enforce any citations, fines or other costs.
I would let the HOA know your position, and send any writings or objections by certified mail to assure proper Notice, etc.
I hope this helps.
Ask, do you get exempt from HOA regulations as well? Thank you.
answered on Aug 24, 2023
No. You are only entitled to the exemption if you own and use the property exclusively for the burial of human remains.
Question. My mothers close friend wanted to purchase her home and we agreed to price and paying back taxes/ loan. The friend had an investment company help and do all the necessary documentation etc I was given an offer of 130,000 for her home though it appraised at 242,000 we accepted due to... View More
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answered on Aug 24, 2023
You can definitely BACK OUT.
DO NOT CLOSE and send an email or certified letter to the title company telling them you will not close.
You need to hire an attorney ASAP.
Call me or another real estate attorney here on Justia.
A close friend of mine wants to gift us 1-2 acres for us to put a house on. He is still paying on the land (30 acres total). First, can the 1-2 acres of land be gifted if he is still paying for it? Second, if so can we use that gifted land as collateral or down-payment on the home we want to put on... View More
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answered on Aug 18, 2023
A conveyance to you is subject to the secured debt. If a lender is willing to loan money as a second priority mortgagee, there is no law preventing him from doing that. But the transfer may violate the due on sales clause of the security instrument, thus allowing foreclosure. I would not... View More
I have a total of 5 vehicles. 2 front sides of our home, one on each side of the curb, alternate with the rest of the 3 vehicles to avoid 24-hour stationed public street law. The third vehicle parks inside the square of our driveway, across in front of the other 2 vehicles. Is not blocking the... View More
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answered on Aug 16, 2023
Parking in your driveway and along the curbside of your home is typically legal, as long as you're not obstructing traffic or violating any local regulations. However, here's where things can get a bit tricky – your friendly neighborhood Homeowners Association (HOA).
HOAs are... View More
gutting the complex. If I don't want to live in another one of their apartments and get an apartment on my own somewhere else, do they have to pay out my lease?
answered on Aug 14, 2023
No but they might have to pay any difference between the rent in a new comparable apartment and the rent required under your lease
The land was trusted from my deceased mother to her 5 children and my sister and I want to buy out the land from our 3 other siblings.
answered on Aug 14, 2023
You should contact an attorney who handles real estate transactions in or near the county where the land is located
She left a will
answered on Aug 16, 2023
Probate the will. If you inherited the house under the will, file an eviction proceeding to evict the current occupant when the will is admitted to probate.
It's a real estate LLC with a portfolio of properties. I am truly unaware of any issues and do not foresee any. It's just my first time selling an LLC.
answered on Aug 11, 2023
If the LLC in its entirety is being sold typically the liabilities are transferred with it. However, in most (99.9%) of purchase agreements there are clauses that make the seller liable for any actions up to the date of closing. This means that if the buyer gets sued for something that happened... View More
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answered on Aug 7, 2023
Son needs to hire aTX attorney to file suit for possession now. He should not get in a fight or argument until she is out, or she will get leverage.
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