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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: there are multiple tracts of land with Deed restrictions. How would i got about getting my restrictions removed?

There are multiple tracts of land throughout a 30 acre plot that was split up and they all have the same restrictions that run across them.

John Cucci Jr.
John Cucci Jr.
answered on May 10, 2022

The easiest way to remove the restrictions would be to buy up all of the land. Then you could change the rules.

Otherwise it is a rare event when someone is able to remove themselvs from the obligations in a Deed restriction for a subdivision of real estate.

The courts or the HOA...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My mother wants to renovate her home but another individual is on the title with whom we have no contact/can't locate.

(State of Texas)

Are there any options to remove an individual from the title? We have a signed quit-claim deed from the individual but we are told it doesn't hold any legal merit in TX. Can my mother sell me the home to transfer title status, or perhaps refinance to get a new contract... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 26, 2022

I would need to see the Quit Claim deed to tell you if it has transfrerred an interest in your property. But Quit Claim deeds do have the ability to transfer title. Whoever told you a Quit Claim deed is worthless in TX does NOT know what they are talking about. Obviously, not an attorney. If it was... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Could my son state in his will that I be able to continue living in my home till my death?

My son and his wife want to take ownership of my home. Should anything happen to him, I'd be afraid that I would be forced to move out. Just want to know if there is an option to protect me from that.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 22, 2022

You might want to consider retaining a Life Estate and conveying a vested (or possibly a contingent) Remainder to the Son only.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I sell my mom's TX rental home having a NV Power of Attorney?

Rental home in San Antonio under mother's name who lives overseas. We are considering selling and I have a General Power of Attorney for her notarized in the state of NV. Can I sell the TX home without her having to come to the states? Can I or should I quit claim it to myself in preparation... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 19, 2022

Your NV POA is good in every state in the US. If you have the time, have your mother sign a POA specific to the property you are trying to sell. Other than that, I don't see the need for a new POA. The real test is whether or not the Title Company is OK with the POA. If it is over a year old... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Where in the TX property code does it show that a mandatory HOA can be formed after purchase?

We have restrictions that say there will be an hoa but the developer failed to form it. He never followed the restrictions he created. Not a single one. At closing there was nothing about an hoa, in fact, we were told, “you do not have an hoa”. Fast forward three years after closing and a... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 15, 2022

The answer to your question is not in the Property code. It lies in the deeds that make up your neighborhood. The best and most powerful way to stop it would be to sue. It would require the argument that the HOA was not formed as required and that anyone attempting to form one is to late under the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: What compliance/regulations do I need to be aware of when taking investments from potentially non accredited investors?

I have a real estate investment company that focuses primarily on wholesaling. I come across the best off-market deals and want to begin flipping houses using investor money. What compliance/regulations do I need to be aware of when taking investments from potentially non accredited investors for... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Apr 12, 2022

What you are asking is a very complicated question. If you are acting as a fiduciary for investors you will need a license to do so in Texas. The way around that is to have investors become partners with you on a deay by deal basis. You would need to carefully set-up a different company for each... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Texas on
Q: In Texas, what can I use to amend a complaint to add an additional plaintiff to the lawsuit? And do I add evidence?

Its a trial de neuvo and I want to add a plaintiff to join me not sure if I must write an introduction or state other facts. Or must it be a motion?

John Cucci Jr.
John Cucci Jr.
answered on Apr 11, 2022

TX rule of Civil Procedure 502.7 is the rule to follow to amend your petition. A portion of that Rule is as follows:

a)Amending Pleadings. A party may withdraw something from or add something to a pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not...
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1 Answer | Asked in Real Estate Law for Texas on
Q: How do I get a lien removed from my property.

I put my property up for my son in laws bond 20 years ago. He went to all his court dates and went to prison. The bonding company is no longer in business but there is still a lien on my property

Anthony M. Avery
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Anthony M. Avery
answered on Apr 8, 2022

You will probably have to hire a TX attorney to file a Quiet Title Action. With Publication Notice it is basically a Declaratory Judgment action that the lien should be released of record.

1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: What rights do I have in protecting myself from bankruptcy when another has fed for bankruptcy on a joint home loan
Timothy Denison
Timothy Denison
answered on Apr 1, 2022

Buy the house. Sell the house. File bankruptcy and discharge the house debt obligation.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Does a cash sale of a San Antonio, TX home still have to go through a title co?

I was given $30k in equity in divorce, and ex also owes $15k settlement for property damage. Ex has said he won’t pay it. I was advised to go to the title company with divorce decree. So, I need to know if title company is always required, even for cash buys.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 26, 2022

If it is a cash buy you don't need a title company but if there are any liens on the property you will be stuck with them if you don't use a title company,

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Ex is sellling home in TX for $90k below value. Divorce decree gives me $30k equity. He says he won’t pay it. Recourse?

The sale is a cash sale of a house in San Antonio, TX. Do cash sales still go through a title company?

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 24, 2022

Review your decree. Did your ex have permission to sell the home for a price he choose without you agreeing. If you are suppose to get $30.000.00 take a copy of your divorce decree to the title company handling the closing

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Texas on
Q: a previous property management stated "unauthorized service animal" on a rental history, is this illegal?

My daughter moved and on the rental history from the previous property management they stated 'unauthorized service animal' her dog is a certified Emotional Support Animal.

John Cucci Jr.
John Cucci Jr.
answered on Mar 21, 2022

It is hard to understand what your issue is. If your daughter has moved out, then she no longer has a legal relationship with the landlord. If she was evicted because of false representations by the landlord, that is a different issue.

Yes, it is unlawful to evict, reject, or charge for a...
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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can I get commission if I have a buyer rep agreement but my buyer decided to go directly thru a new build without agent?

My client sent me a text they were going to work directly with new builder and decided not to put me as their agent. I do have a buyer's rep agreement and was wondering if I could still get a commission from the sale. I spoke with sales-rep and they said if buyer did not include me, I would... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 13, 2022

I can tell you that whether or not you can enforce the buyer rep agreement depends on the exact language in the agreement. The fact that the buyers want to change the terms or their obligations, means nothing if they breach the agreement you both signed. Many new builders, insist on a certain... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: My self and my wife own a property with an in law and now his son is claiming power of attorney with no proof.

We are currently trying to sell the property but we can't get a hold of the in law and his son is the only one who knows where he is none of his family has seen or talked to him in 8 months and now his son claims his father gave him power over his affairs and won't show documents stating... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Mar 8, 2022

You are in a tough position.

I would want to see the deed which gave you and your in-law the property. If the person has Power of attorney they would show it to you. A power of attorney can be rejected by the maker at any time, if that matters here.

While you can sell your interest...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I own my grandmother’s home I TX with my aunt. I have paid all the ta es for ten years. Her children want us to sale it

and split the proceeds. I have paid all the property taxes for 10 years. Can I force them to sign their half o we to me?

John Cucci Jr.
John Cucci Jr.
answered on Mar 3, 2022

Your situation is not simple. To give you solid advice on what to do I would need more information. Did your Aunt recently pass-away? How did you receive the property? Was it through a court proceeding?

If you paid all the taxes for the past 10 years alone, then you are in the power...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: I have a abandoned property next door which is causing me issues, I would like to buy it however no one knows the owner.

I was recommended adverse possession due to I have been maintaining it & I haven’t been able to find the owner or relatives.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 3, 2022

Usually the easiest way to obtain abandoned property is a Tax Sale, so check on its tax status in your County. But you will also need a TX attorney to search the title and determine ownership, easements, etc.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can you sue someone who has filed bankruptcy for breech of contract

I am cosigner on loan and then person that holds deeds filed bankruptcy

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

More than likely the debt to the note payee was discharged in Bankruptcy, which means you will be held in contempt if you pursue a discharged debt. Examine the Bankruptcy File and determine what happened. If the debt was reaffirmed, you can sue for contribution. Be very careful and check the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: If a seller lies and fails to disclose an IRS tax lien on a property is there any recourse for the buyer?

We have been under contract for 4 months now waiting for the IRS / seller to resolve. The seller is now indicating they don't want to extend the contract because it is taking too long. Interest rates have gone up by .5% and the seller has indicated they can relist it and get an additional 30K.... Read more »

Fredreck S Hudgens
Fredreck S Hudgens
answered on Feb 28, 2022

If an encumbrance is discovered on the title to the property after opening title, your recourse is to ask the seller to remove the encumbrance, being the lien, cancel the transaction and receive your earnest money refund, or buy the property with the lien in place. Your written contract provides... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a notary have two 2nd degree felonies for “FRAUD USE/POSS IDENTIFYING INFO # ITEMS 5<10” on her record?
John Cucci Jr.
John Cucci Jr.
answered on Feb 28, 2022

The Secretary of State of Texas has the authority to appoint someone as a Notary Public. There are some basic eligibility rules that can disqualify someone from being a Notary Public. The law is as follows:

The Texas Government Code at Title 4, Sec. 406.004. ELIGIBILITY. (a) Each person...
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1 Answer | Asked in Family Law, Real Estate Law and Probate for Texas on
Q: What form can I use for sibling inheritance buyout real estate form

My sister wants to buyout my half of house that we both inherited. What form can I use to put it In writing

John Cucci Jr.
John Cucci Jr.
answered on Feb 25, 2022

I couldn't give you the name of any particular form for the transaction you wish to make with your sibling. There are many issues to consider. Without a full review and search of the records and deeds regarding the property, and the manner in which your parents received the property, I could... Read more »

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