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Texas Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Texas on
Q: Travis County has increased my land value for my home from $30000 to $300000. 900% increase

I've done searches in TCAD in my neighborhood and I see bigger lots in gated community, some with lake view have not been increased and in some instances have gone down. I can put the document together. I just need someone to represent me in my protest.

John Cucci Jr.
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answered on May 4, 2023

The increase you posted is unbelievable!

In Travis County you have a deadline of May 15, 2023, to protest and challenge your appraised value and taxable values. You can do it yourself or hire a lawyer like myself or other professional. The process is not very long and the county does meet...
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2 Answers | Asked in Family Law and Real Estate Law for Texas on
Q: How to change house deed with only copy of quick deed claim?

Family member sued us years ago with result of us getting original quick claim deed but now they will not release to us. Need family member removed.

Anthony M. Avery
PREMIUM
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answered on May 1, 2023

Not sure of your question. But apparently you need a TX attorney to search title and draft a Quit Claim Deed. Having an original instrument after it is recorded is irrelevant except suing for a fraudulent execution. In worse case, a Quiet Title Suit may be necessary, so the Court can declare... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: do we have any recourse? Our neighbors solar panels glare in & heats up the house increasing cooling bills

It heats up the whole back of the house and causes glare to vision.

John Cucci Jr.
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answered on Apr 29, 2023

You could have a reason for a civil action. The most important thing you would have to establish is that there is a provable connection between the solar panels and your increase in costs for cooling. This may be proved by showing the cooing bills for before and after the install. Then I would want... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Texas on
Q: In texas finalized divorce if a party who was given inclusive right and use a property does not vacate at the end

Of their time the judge awarded them can the other spouse evict them and a JP Court or do they have to go back to the court that granted the divorce

If the plaintiff does decide to file through the JP Court and is successful in the eviction can they later on file a contempt motion in the... View More

John Cucci Jr.
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answered on Apr 27, 2023

Great question.

If the Divorce case is still active, you can go to your judge and file a motion to dispossess (evict), your ex.

If you bring a copy of your divorce case Order which states that your ex must leave after a certain amount of time, you can go to Eviction court to evict...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My husband sold our home during divorce and buyers were aware of my potential claim on the property.

Can the buyers be held liable for negligent due deligence?

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Yes, as long as you properly recorded a notice of lis pendens, the buyers might be liable in a sense if you can prove the validity of your claim to the property.

I say “in a sense” because your claim is to the property that the buyers now own. They would not be personally liable beyond...
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1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: New built house (4 months) infested by termites. What can I do against builder? Even if treated, value is no so down.

Hi, We bought a brand new built house from a Builder mid December 2022 in Katy, TX.

3 months ago, my wife suspected termites. We called the builder company and the pest control company linked to the builder: They suspected termites but then they said it is not...

We got an... View More

John Cucci Jr.
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answered on Apr 27, 2023

A refund on a house purchase is a rare event. The hardest part of bringing such a case in your situation is proving that the termites were already in the house when you bought it. The second part of proof that you will need is that the contract did not say the house was sold "AS IS."... View More

1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: Two sons had older mobile home destroyed in flood in LaGrange, Tx. Both claimed for personal property with FEMA.

Only the older, more responsible son claimed for the house with FEMA. With FEMA money a residential lot was purchased and a new house was built by Mennonites. I did all the paperwork and put the deed in only that one son's name. Now , years later, the other son has been given 100% disability... View More

John Cucci Jr.
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answered on Apr 25, 2023

Adding someone to a deed is serious business. Do not take it lightly. People fight over it all the time.

If the present owner wishes to add his brother as an owner, it should be for a reason other than to escape taxes.

I believe the 100% disabled vet needs to only own a portion of...
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1 Answer | Asked in Real Estate Law, Constitutional Law and White Collar Crime for Texas on
Q: I had a house mortgaged into my mom for half the value. My sister became my mom's power 9f attorney as well as a realtor

She managed to take my house and put it in her name. How can I sue her for the value of my home now? I don't have any money for an attorney. I believe 8t shows my house 8s valued at 316,000.00 now

John Cucci Jr.
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answered on Apr 24, 2023

If your sister is a Real Estate agent or broker and you believe she has committed fraud and took your interests you can file a complaint with the TX Real Estate Commission.

Good Luck!

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: How much would it cost for a lawyer to draw up a AOH template in Texas?
John Michael Frick
John Michael Frick
answered on Apr 23, 2023

Why not just use an existing template like this one https://affidavitforms.org/tx/texas-affidavit-of-heirship-form-53-111-a/ that is available free online?

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Mother died intestate. Son was appointed administrator. We want to sell her home. We have a pending offer.

The home was community property with her late husband, but it was also community property with his first, late wife. He was the first wife’s executor and trustee. Title company says we have to find first wife’s heirs but she died 20 years ago and her family is unknown to us. Where do we start?... View More

John Cucci Jr.
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answered on Apr 20, 2023

I don't think any move you can make regarding your Title issue can be resolved fast. Unless you quickly find all the heirs from the 1st wife, so they can sign-off, sell, or waive their possible rights to the property.

There is a solution, but it would require litigation ( a lawsuit ),...
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1 Answer | Asked in Real Estate Law and Municipal Law for Texas on
Q: I am interested in buying a home that didn’t have permits taken out for reservations. What are the implications to me?

I am interested in buying a home that the seller disclosed that permits were not taken out for renovations. What are the implications of this to me as the buyer? Any legal action, penalty fees, issues selling the home in the future, etc. thank you!

John Cucci Jr.
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answered on Apr 17, 2023

If you buy a house and it does not have all the permits or lacks other necessary documents that were required for building or the like, you can apply to the City or County to have the permits done, Nunc Pro Tunc ( Now for Then ).

Sometimes it is a tough road and very expensive. Sometimes...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: Winter tennt didn't sign lease n entry claiming illness, then never signed Much damage and stolen items

What aremy options for amy ecovery. Neighbors were scared a.d worried also.

Was a Hindman and did great work, but has gone sile t. Wouldn't even return keys.

Just damage and stolen items over $4500 (maybe much more as carpet replacement mat be needed of another 5000,... View More

John Cucci Jr.
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answered on Apr 15, 2023

I assume that the tenant is gone.

If so, I would call the police about the property damage and the fake money.

On all the other issues and money due, your best bet is to sue him in one lawsuit for all losses.

Get a good lawyer from JUSTIA.

Good Luck!

2 Answers | Asked in Real Estate Law for Texas on
Q: CONFUSED and STRESSED! YRS AGO a man Said he stepped in a water meter on my property. I just got served papers.

In 2021 a man came to my property to clean my car. I had to ask him a couple times to correct his mistakes, I pd him and he left. Today 2 yrs later I get served with Court papers cause he said he stepped in a meter without a lid. He tried to sue my homeowners ins but they put a stop to it cause it... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2023

Now that he has sued you, you turn in the claim to your homeowners insurance and it defends you in the lawsuit.

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1 Answer | Asked in Real Estate Law for Texas on
Q: is about a power of attorney

We have bought some property and found out that there is a power of attorney. The previous owner had a power of attorney for one to sign for the other and now they are both deceased what can we do about this?

John Michael Frick
John Michael Frick
answered on Apr 14, 2023

There is nothing in your question that suggests a need to do anything about it.

A power of attorney is often used to sign for another in a real estate transaction.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: fence dispute, we've been living in a residential home for 30 years as it was,neighbors say its 5 ft on their property

We've been living in this residential house for 30 years, when we moved in the fence was already there but recently the new neighbors claim its 5 Ft on their property do we have a claim to that land since we've been operating on it for 30 years?

John Cucci Jr.
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answered on Apr 15, 2023

You do have a claim, but I do not think it would be worth it to sue for Adverse Possession. However, if the neighbor sues you over the line and the property, you can Counter-Claim Adverse possession. The general rule is that if you openly possess for 10 years in a row, you have a claim to the land.... View More

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2 Answers | Asked in Real Estate Law for Texas on
Q: My POA has a new restriction for board and committee members to be listed on the deed of the property to be eligible.

My partner lives on the property with me but is not on the deed. He is no longer able to serve on his committee. I believe this was done deliberately to exclude him. Is this legal in Texas?

John Cucci Jr.
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answered on Apr 10, 2023

The HOA is usually granted a wide-range of authority as part of its existence. The rule change of which you are speaking, by itself, is probably lawful. As long as a HOA rule change is done by the By-Laws, and not for a nefarious reason, or as part of some discrimination, it is OK.

There...
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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If my contractor has died & I need a copy of the contract/sale of the house built cash, how do I go about getting it?

I purchased land to which I have a deed to, paid in full at the time of purchase. A contractor built me a house for cash and I married my husband (military) when we unpacked those papers from the contract of sale and others were missing. Contractor has since passed away and his no one answers at... View More

John Cucci Jr.
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answered on Apr 10, 2023

There are many different ways to try to get the contract. The Title company that handled the closing on the place is required to hold on to all closing records for 6 years. I would try with them first as they always get a copy of the contract as part of their role and work on the title and closing.... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: A piece of property, across the street from my house, is being sold. The agent is using my address in the listing.

The property being sold has no address, according to the tax office, but the address on the listing, is my mailing and home address. The real estate agency says that the listing is following proper guidelines. I do not understand how that is possible if the listing has the wrong address. What can... View More

John Cucci Jr.
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answered on Apr 6, 2023

If the use of your address is becoming a REAL problem, you can contact the Texas Real Estate Commission or the local HAR.com listing service and see if they can use a different address or other reference address like ###-"A" or add 2 numbers to the address so it makes sense to potential... View More

3 Answers | Asked in Real Estate Law for Texas on
Q: In my divorce decree I was given the house and all of its debt. House is now paid off, how do I get Ex off the Deed?

Do I need his signature on anything?

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

Mr. Gallo is correct.

If you were awarded the house at the time of your divorce, your ex-husband should have signed a special warranty deed prepared by your divorce attorney conveying his interest in the house to you. Recording that special warranty deed in the county clerk's office...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Can one seller participate in sale after a court has ordered to sale the estate
John Cucci Jr.
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answered on Apr 1, 2023

I'm not sure of exactly what you are asking.

As long as you have not been forbidden to purchase an asset from the Estate you are referring to, I don't know of any restriction that would be imposed on you. It is America, and free-market is alive and well.

I hope this helps.

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