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.
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... Read more »
(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 »
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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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?
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... Read more »
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
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.
answered on Apr 1, 2022
Buy the house. Sell the house. File bankruptcy and discharge the house debt obligation.
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.
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,
The sale is a cash sale of a house in San Antonio, TX. Do cash sales still go through a title company?
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
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.
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... Read more »
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 »
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 »
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 »
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... Read more »
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?
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... Read more »
I was recommended adverse possession due to I have been maintaining it & I haven’t been able to find the owner or relatives.
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.
I am cosigner on loan and then person that holds deeds filed bankruptcy
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 »
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 »
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 »
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... Read more »
My sister wants to buyout my half of house that we both inherited. What form can I use to put it In writing
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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