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I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More 
answered on Jan 3, 2024
Bankruptcy relief is exclusively a federal right and procedure, with its own courts.
However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for... View More
We own zero-lot house in subdivision that was built in 1982. How do I get information, copies of permits, etc... that allowed side yard gates to be erected across adjacent property if the survey and the title company do not have that information? The reason I'm requesting this information is... View More
answered on Jan 3, 2024
First you will need to identify who is likely to have copies of the information you are seeking. I would start with the City in which the subdivision is located. Next would be the owner of the property at the time the side yard gates were erected. Next would be any HOA for that subdivision.... View More
The HOA management team approved a residents shed that did not actually meet the deed restrictions and is now using community fees to cover the cost of removing and building a new shed on person’s property. Is this legal?
answered on Jan 2, 2024
In most situations, an HOA's only source of revenue is HOA dues. There is usually no other source to pay for such things.
My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More
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answered on Jan 1, 2024
You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More
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answered on Dec 27, 2023
Typically, you would file a written response or answer to the motion, addressing the specific allegations of contempt. This response should provide a clear and detailed explanation of your actions or circumstances, demonstrating why you believe you are not in contempt of the court's orders.... View More
I sold my part of a vacation cabin to my cousin. The title was updated but he hasn't paid me. Can I sue for interest and punitive damages in addition to the agreed price?
answered on Dec 22, 2023
Ordinarily, the title company holds onto the proceeds of the sale for a few days to insure that checks clear, etc. If it has been more than a few days, I would contact the closing agent who handled your sale to your cousin as to the status of the proceeds to be released to you.
If you for... View More
After filing paperwork for the sale of my primary residence, Midland, TX 79701, a Texas Abstract and Title company informed me there was a lien on my home in the amount of $8,806.52 by Attorney Mr. Moss representing Capital One Credit Card company, and this amount will be withheld from my... View More
answered on Dec 15, 2023
If you have declared that your primary residence is also your homestead, any judgment lien does not attach to it. Your title company should be aware that a judgment lien does not attach to a homestead. Moreover, if your Chapter 7 bankruptcy discharged the judgment in favor of Capital One, you can... View More
Need my money back. Owner allegedly burnt house for insurance fraud
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answered on Dec 15, 2023
Hire a competent TX attorney now. File suit for breach of contract, fraud, conversion property tort, etc., and most importantly, declare a constructive trust on the insurance proceeds. You will need a Notice Lis Pendens possibly. If there are criminal charges, attempt to get restitution... View More
That was about ten years ago , property is much more valuable now $172,000,I want to sell or be bought out, do I still have ownership? I never got copies of documents and he refuses to send to me.
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answered on Dec 14, 2023
When it comes to the sale of a house, proper notarization of documents is typically a key requirement for the legal transfer of ownership. If the documents related to the sale of your property were not notarized, this could potentially impact the validity of the transaction.
Your ownership... View More
In 1970 Property owners A and B granted 15’ easements to each other. property owner A then granted the entire 30’ to property owner C. Was this a legal grant?
answered on Dec 6, 2023
While the answer to any legal question depends on the particular facts and circumstances, it sounds like this could be a legal grant unless the 1970 grant of an easement from A to B was the grant of an "exclusive" easement. Most easements are non-exclusive.
I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds in my possession, but unfortunately, they do not bear any signatures. I have made multiple attempts to contact the county regarding this matter, but they have consistently... View More
answered on Dec 4, 2023
If you do have possession of the original deeds and they are unsigned, they are ineffective to convey title. Until a deed is signed, delivered, and recorded in the deed records of the county where the property is located, title to the property has not been conveyed.
There would be no... View More
I am disabled and cared for My mom and lived in the home. I never filed the will that was made 2011 with 2 Witnesses There is a pending bill for $101,000 in back taxes. The will states that I am the executor and I keep all real estate and belongings I live in the house and don’t work. I only get... View More
answered on Dec 4, 2023
Unless and until a Will is probated, it does not pass title of a decedent's assets to the heirs named in the Will. You have four years from the date of the decedent (your mom)'s death to probate her Will. Legally, you are allowed to probate a Will without a lawyer; however, in practice,... View More
Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here?
answered on Dec 4, 2023
The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.
If your warranty requires you as the homeowner to properly water the soil around your foundation,... View More
Title company is asking for a judicial declaration because joint party refuses to sign closing papers.
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answered on Nov 30, 2023
Your case will require the services of a competent TX attorney. You will not be able to force through the transfer without representation.
I have 23 acres for sale with a house she broke the house off the acreage and is trying to sell it in two pieces and did not ask me if she could do that
answered on Nov 29, 2023
In the absence of any agreement with your real estate agent to list the property in separate parcels, you ultimately have the legal right to refuse to sign a contract to sell your property in two separate parcels.
Simply tell your agent you are not interested in selling your property as two... View More
We have a default judgment giving permission to sale 20 acres of co-owned property. Co-owner will not sign closing papers to finalize sale. Title company wants a judical declaration. I am wanting to know what is the correct wording when petitioning the court in these regards.
answered on Nov 29, 2023
There is no short answer to your question. It depends upon the language of the default judgment and the legal right upon which it is predicated. The attorney who assisted you in the lawsuit in which you obtained the default judgment is in the best position to provide you the necessary advice... View More
She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.
answered on Nov 27, 2023
Houses aren't probated. Estates are probated.
A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.
When your F-I-L died, your mom owned 50% as her community property and... View More
We went to court and was given a default judgment because he has not contributed financially with taxes etc in over 8 years he will not respond and hides from us. He didn't show up in court therefore we were given default which included selling the entire acreage in full well closing is near... View More
answered on Nov 27, 2023
If the judgment has been drafted correctly to authorize you to sell the property without his signature and a sufficient time has passed since the date of the default judgment, you should be able to take a certified copy of the judgment to the title company and close without his participation.... View More
answered on Nov 20, 2023
If the decedent's will left the mineral interests to a particular heir, the executor's deed is what is needed.
My father-in-law will his property to my stepson who in turn ran away from home several months ago now he has returned with a notice to vacate the property claiming his mother and I need to move because he needs the property as far as I know in Texas you have to be 21 to take possession of property... View More
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answered on Nov 19, 2023
In Texas, the age of majority, when a person is legally considered an adult, is 18 years old. This means that your stepson, if he is over 18, would typically have the legal capacity to take possession of property willed to him. The requirement of being 21 years old to take possession of property is... View More
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