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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Home Deeded in one name and Mortgaged in another.

I recently discovered my single dad, whom has a mortgage, deeded the house to me and his name is no longer on the deed. He is still paying the mortgage. If he defaults on his loan can the bank foreclose on the house, or will any of this ruin my credit in any way? Would he be able to refinance or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2021

You have taken title subject to the mortgage. It is his debt as the notemaker, but the real property stands as secured collateral. The lender can always foreclose if the note is not paid or other terms are not met. It is not your debt.

2 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Identity Theft for Texas on
Q: A friend who's in real estate said he can get us a $2million loan to get me started. What legal actions should I take?

After knowing how good my credit scores are. He then sent me an email to sign.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Why is this posted under the Criminal Law topic? Taking out a loan is not a crime. Do you suspect fraud?

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1 Answer | Asked in Real Estate Law for Texas on
Q: As a seller, am I permitted to take my personal property such as tv brackets, shelves, curtain rods, hooks etc.

There is no non realty adendum and I was told I could take anything not attached to the house but the buyers atty is saying I cannot take the stove. My agent no longer responds to me

Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

If it's permanently attached to the house, it's a fixture - meaning it's a part of the real estate - and should not be removed without an agreement to do so. The appliances are typically not permanently attached, but just plugged in, and are therefore personal property that can be... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Am I personally liable while working as an assistant to a property manager? What kind of lawyer should I consult?

I am working on the side for an out-of-state real estate investor for the past couple of months. He uses an LLC for all his properties. I do some admin work and showings for tenants.

A new tenant asked for a pic of my ID bc she was worried about scams. I covered up everything except my name... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

You will always have personal liability for your own actions, no matter what agreements may be in place, and regardless of whether you are an employee or independent contractor. The landlord will also be liable for your actions taken as their agent, regardless of what agreement may exist between... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I live near a property where the women who lived there passed away in August 2019. What happens if no one claims it?

She had no spouse, parents, siblings, or children. She does have 7 nephews/nieces. I want to get this property sold as I'm working on cleaning up my neighborhood. What can I do? Contact the nephew? What then? I know probate can take a while, but I don't think the extended family knows... Read more »

Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

Contact one of the heirs and let them know about the situation. They may want to sell or to use the property themselves, and will need to start a probate proceeding to be able to transfer title.

2 Answers | Asked in Contracts and Real Estate Law for Texas on
Q: After signing the purchase contract for a new home the seller is now asking for about 50k more, Is this legal to do?
Teri A. Walter
Teri A. Walter answered on Apr 8, 2021

It's perfectly OK to ask, and it's also perfectly OK for you to say no.

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1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: WAITING ON THE DIVORCE TO BE FINALIZED. SHE MOVED OUT OVER A YEAR AGO LEAVIING ME TO PAY THE MORTGAGE.

PAYING THE MORTGAGE ALONE HAS PUT ME IN A BIND FINANCIALLY. THE HOME WILL NOT SELL FOR THE AMOUNT NEEDED TO NOT OWE THE BANK MONEY. WHAT ARE MY OPTIONS?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

Get a lawyer to possibly get a hearing date sooner than play the waiting game, so the court can make some orders regarding the house. It may come down to selling the house at a loss. Or the court may order her to pay half the mortgage until it’s sold.

1 Answer | Asked in Landlord - Tenant, Contracts, Criminal Law and Real Estate Law for Texas on
Q: Should I include DHA in my lawsuit against a tenant who trashed my property?

They were supposed to perform inspections.

I’ve reported (on their website form) my tenant (to DHA) for using fraudulent info to obtain funds.

Tenant left a lot of trash behind that shows how she manipulated the system to pay her rent and child support including fictitious phone... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 2, 2021

I'm not sure why this is labeled Criminal Law but a lawsuit to recover money is always some flavor of civil law... consult an attorney with experience suing the government to find out about the immunity issues.

1 Answer | Asked in Real Estate Law for Texas on
Q: What are my options, if after purchasing a home, I discovered that it was never titled to me?

I purchased from a company that owner finances homes and the home is still titled to the previous owner 5 years later.

Teri A. Walter
Teri A. Walter answered on Apr 1, 2021

Your rights depend on the contract you signed. I've seen these deals done with standard TREC forms, which requires that the buyer get a warranty deed, and I know they're sometimes done on different terms, such as a contract for deed, or what is is now being called a "subject... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I’m a consumer selling my house and am under contract for a cash offer which gave 8,000 discount for cash.

After signing they switched to financing. I’ve lost 8,000 and feel so deceived. Is this legal?

Teri A. Walter
Teri A. Walter answered on Apr 1, 2021

Yes, it's legal, and I understand that you're upset because you gave them a discount. However, you haven't actually been harmed.

The purpose of the discount is so that you don't have to take a risk that they won't be approved for financing for some reason. You...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Where in the sales contract does it explain about a real estate appraiser?
Teri A. Walter
Teri A. Walter answered on Apr 1, 2021

Typically, it doesn't. However, most sales contracts are made contingent on financing, and the lender will need an appraisal that will support the loan.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: told a friend that my credit score is above 700 and he said he can get us a $2 million loan. What actions should I take

He's into real estate but I'm new wanting to start buying properties. What actions can I take to make sure I'm covered on my part that way everything does not fall on me?

Teri A. Walter
Teri A. Walter answered on Apr 1, 2021

The most important thing is to get a lawyer to review every part of this deal before you do it, and I'd be suspicious from the start. It's telling that he can get "us" a $2 million loan. Sounds like trouble already, because he's using your credit to do his business. This... Read more »

2 Answers | Asked in Real Estate Law for Texas on
Q: i need help with finding out how i was removed off a property deed without my permission. now my sister sold the proper

i been living at for 30 some years. she told my girlfriend that she was glad she got me removed somehow. can she sell the property and is the property deed legal. now i been here and have a little family business on the property as well. is my sister in the right for selling and removing my name

Anthony M. Avery
Anthony M. Avery answered on Mar 26, 2021

Hire a competent attorney to search the title. He can then tell you what happened and whether you can file suit for whatever interest you might have.

Apparently you believe you were deeded an interest in the land which deed needs to be examined. Have you been paying taxes? If not, you...
Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: Is the following sentence ok in a residential lease? As is from the contract we have to sign. Is the run on sentence ok

House shall be returned in the same condition with normal wear and tear if any as provided including professional cleaning and steam cleaning of the carpets before vacating the property.

Teri A. Walter
Teri A. Walter answered on Mar 24, 2021

Well, it's badly worded, but it sounds like they expect the tenant to have the place professionally cleaned and the carpets steam cleaned. Nothing really wrong with it.

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: I have a tenant that's been missing for 5 months no lease month to month prior to that he was 4 months behind in rent
Teri A. Walter
Teri A. Walter answered on Mar 18, 2021

Presumably you want to evict? Start by sending a 30 day notice terminating the lease, and then file the eviction. Otherwise you'll have to deal with the CDC order providing protections to tenants who are being evicted for non-payment of rent.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: So Far Two Local Attorneys Can't Riddle It. Law, Probate, Real Estate Question; Apparently Intricate Details.

My Grandma (4/17) and Dad (11/3) have passed away in the last year, both intestate. I need to know if her possessions, specifically house and car, went to him even though they weren't "officially" transfered over? I was a step child to him and was never adopted after my Mom and him... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 13, 2021

If you were never adopted, you will only inherit if something was left to you by name in the Will. Where what went or where what might go without a Will does not matter: it will never go to you.

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for Texas on
Q: Can my mother in law kick her husband out of her home if she is the sole owner of said home?

My mother in law recently brought her husband to texas from jamaica, legally of course. They were married in jamaica and i am not exactly sure the path she took to bring him over here. She is the sole owner of both the home she just purchased and the home she has had for years prior to them getting... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 11, 2021

No, not without an eviction. If you threaten him with a firearm, you will commit Aggravated Assault with a Deadly Weapon, which is a felony of the second degree punishable by up to 20 years in the state penitentiary and a fine up to $10,000. If you actually shoot him then you could be facing 5 to... Read more »

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I am one of the beneficiaries on my late deceased mother’s estate. In the period of her death my health has declined I’m

I am one of the beneficiaries on my late deceased mother’s estate. In the period of her death my health has declined I’m in renal failure and had a stroke. The estate was in probate for 3 yrs due to the fact step father protested the will (greed). Now consider this I was on deaths door. My... Read more »

Isaac Shutt
Isaac Shutt answered on Mar 11, 2021

You'll definitely want to get a probate lawyer ASAP. You'll definitely want someone to protect your rights. It sounds like have of the restaurant and home belong to your mother's estate, of which you're a beneficiary. I would get an attorney to help you demand an accounting... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can the home seller legally get out of the contract?

I’m currently in the process of buying a house. We’ve gone through all inspections as well as the appraisal, and the seller has signed their end of the contract agreeing to the sell price. Yesterday their realtor called and said they are no longer comfortable selling the house for the agreed... Read more »

Teri A. Walter
Teri A. Walter answered on Mar 4, 2021

Probably not, but you may want to take the contract to an attorney for review to be sure. Don't sign any more extensions, and you will want to go ahead and have your financing ready, and you may want to appear at closing as well.

2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: mother died. Left family home that I’ve lived in for 10 years, to me and brother. He’s executor. He won’t pay 1/2 taxes.

He hasn’t transferred title to us either. I pay all bills since I live here and don’t want to sell. If house was in our names, taxes would be less since I am disabled so my half would be lower. But I can’t pay $12,000 property tax bill alone. What do I do?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

You could sue to partition the property, but that would just get the house sold, and the proceeds divided. Otherwise, you're looking at suing your brother periodically for his share of the expenses that you paid.

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