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Title company wants to add this exception to my coverage in Schedule B of the title commitment citing " Rights of parties served by publication to file a motion for a new trial at any time within 2 years from the date of the tax judgment in the suit. This is a vacant property already sold to... View More
answered on Jan 9, 2025
You are correct in your reading of the redemption laws. However, there have been some cases, through appellate courts, that have given the person who lost their property, via tax sale, that were given a 2-year redemption period if the property was their last home. Regardless of whether or not, they... View More
Before my ex passed he filled out a TODD agreement. He left my daughter and I the beneficiarys of the house I lived he and I lived in . All proper notarizings and flings were done., including the affidavit of death.
Just this month, I was married to my longtime boyfriend. Before we were... View More
answered on Jan 9, 2025
I think everything in the above answer is correct, and it answers your question. HOWEVER, you should definitely consider getting a Post-Marital Property Agreement with your new husband.
Your home is your separate property, which means that your new husband wouldn't have any claim to it... View More
Do I do that my sister is trying to take over the house but she is trying to sell it out from under us my mom put her name on the deed with her to be responsible they went in and tore every thing out of the house me and my brother want to sell my mom's half what do I need to do there was no... View More
answered on Jan 8, 2025
It depends on how the deed with your mother and sister on it was written. If they were on the deed as joint tenants with right of survivorship, you do not have any interest in the property as it would have passed entirely to your sister at the time of your mother's death. If they were on the... View More
Wife wants to sell, aunt does not. Land locked. In Seguin. One cash offer on table but aunt doesn't want to sell because she feels the offer is too low. Taxes from last year are owed. taxes have already increased but aunt won't budge after multiple conversations to get these taxes paid... View More
answered on Jan 9, 2025
Partition lawsuits take a long time to resolve if the parties can't reach an agreement. It is hard to estimate the cost without knowing more details. If it is contested, the costs can get quite high. Mediation is typically an hourly expense and ranges from $1,000-$5,000 depending on how long... View More
Last year in Texas I hired a contractor to work on our house as part of an insurance claim. He offered to reimburse me for what I paid the public adjuster when the insurance company slow-walked the process, after I had paid him the full amount for a completed job. I paid him the agreed price. He... View More
answered on Jan 4, 2025
It would be highly unusual for a commercial general liability policy to cover your legal fees and expenses. That doesn’t mean you can’t get a judgment against the contractor—only that the insurance company is not contractually obligated to pay such fees and expenses on the contractor’s... View More
Can a mobile home manufacturer sell me a house on false pretenses? The manufacturer told us on the phone with the sales person that all studs on the interior of the home would be on 6” centers. That’s not the case. There are 24” centers in the entire inside of the double wide mobile home.... View More
answered on Jan 2, 2025
Your rights will depend heavily on your sales contract, warranty, and other written documentation. It would be extremely unusual to be able to enforce a verbal conversation with a sales representative that substantially varies from the contents of those documents.
That being said, most... View More
She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.
answered on Dec 19, 2024
The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More
She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.
answered on Dec 24, 2024
No a house is not always split equally in divorce proceedings. The entire marital estate of the spouses is divided in a manner that is “just and right.” The spouse’s home is part of that process. If there are sufficient other assets, the home can be awarded in its entirety to one spouse,... View More
My wife and I purchased a home in 2020 that had previously had foundation work done by a company called Dawson Foundation Repair. The home started to show signs of settling in 2022, so we reached out to have them come adjust the piers that were already installed/potentially install additional... View More
answered on Dec 18, 2024
An agreement from a private company is transferrable to a new owner. However, that agreement contains the details and obligations, of the parties to it. If you can get a copy of the original agreement, the terms of transfer will be there. If not, then there is a problem.
If there is a small... View More
My adopted father passed and supposedly he didn't leave any of his estate to his kids. I question the legitimately of there claim. I'm not sure what to do.
answered on Dec 16, 2024
You should check the court file for the probate of your father's estate and get a copy of his Will. The only way to not leave any of his estate to his children would be if he had a Will that didn't leave anything to his children. Usually, when a testator makes such a decision, the Will... View More
My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.
answered on Dec 7, 2024
If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be... View More
answered on Dec 3, 2024
Yes, if you and your husband own real estate together, whether as community property or as part your and part his separate property, it will be necessary for you to sign a deed and other closing documents.
As community property, you and your husband should mutually instruct the closing... View More
answered on Dec 2, 2024
You need to have the owner sign a Warranty Deed conveying the property to you. If the property has a mortgage, you will likely need to secure the lender's consent. You should also check to see if there are any liens filed against the property. Otherwise, a lienholder may be able to... View More
I will be renting to own the rental I live in. The landlord and I have come to an agreement as far as price/down/monthly payments. What type of questions should I ask? Should I be liable for taxes of the property during the timeframe I will be renting to own? She does have an attorney that will be... View More
answered on Nov 26, 2024
1. You need to verify that there is no mortgage lender or other liens recorded against the property.
2. You need to verify that the landlord is the sole legal owner of the property.
3. You need to verify that the home is not anyone's homestead and is not claimed as... View More
We closed on a home in Texas about 3 weeks ago. A shop building (on a crushed gravel slab but not anchored) was negotiated in the sale, but was not mentioned in the purchase agreement. Two days ago, a repo agent called us saying the shed was rent-to-own and it's being repossessed. Our real... View More
answered on Nov 25, 2024
The first thing you need to do is to check to see if the company for which the repo agent is repossessing the shop building filed a UCC-1 perfecting a security interest in the shop building.
The second thing you need to do is to contact the title insurance company for your buyer's... View More
When two people share equal interest in a parcel of undivided property and one passes away, do their heirs get equal shares with the remaining original interest holder?
answered on Nov 20, 2024
If two people share an equal interest and one dies, the deceased person's 50% interest passes to that person's heir(s). The deceased person can specify in a Will the interest that each will get; otherwise, it passes in accordance with the laws of intestate succession. That may mean the... View More
1. Foreclosure of three properties
2. Sue borrows for lost money, she is a scammer, who has many police reports and FBI reports over by other private JV partners.
They took money to fix the property and sell it, they took the money and never fixed it, waiting until the lender... View More
answered on Nov 5, 2024
It is really hard to know what your questions are. Are you the seller/borrower? Are you the lender ?
I will assume you are the lender for this question. Texas has great consumer protection laws, which were made to protect consumers, and small businesses, from unsavory characters and... View More
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
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
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
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
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... View More
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