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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: Can my husband sale our house, without me signing the closing documents? He’s trying to sale our home without me .
Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2021

Are you an owner? If not then the husband can sell what is his. Even if you are, he can still convey his interest. Many grantees will want a spouse to convey also because of possible homestead rights, but it is NOT legally required (despite what title insurance companies claim).

1 Answer | Asked in Real Estate Law for Texas on
Q: Can a persons girlfriend lay claim to family owned property if her boyfriend got locked up. And she wont vacate?

My father owns property selling to his sister. Which she allowed her son and his girlfriend to reside on property. Her son got locked up and the girlfriend is claiming property.

Teri A. Walter
Teri A. Walter answered on Oct 21, 2021

The answer to this question will be found in the documents, and your post is not at all clear what is happening.

Is the sale on a contract for deed, or has the property already been conveyed, subject to a note and deed of trust? Are the son and/ or girlfriend tenants? What kind of...
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1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can we claim damage on a property that was sold if the claim was made prior to sale?

Our home in Texas had suffered roof damage due to hail. We opened a claim with insurance company. They delayed sending the check for repairs. Meanwhile the home got sold at a much reduced price. Insurance company later sent the check, but it had both ours and the mortgage company's names.... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2021

A Texas attorney could answer best, but your question remains open for three weeks. If you were represented by an attorney in the sale, they would be in the best position to advise. But as a general matter, you may have signed a release that reflects your acceptance of money damages for the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: If I quit paying property taxes on 3 acres of land in Texas county because I don't want it(landlocked). What happens?
Teri A. Walter
Teri A. Walter answered on Oct 15, 2021

At some point, the county will probably foreclose on the property. If they don't get enough from the foreclosure sale to satisfy the outstanding taxes (and penalties and interest) you'll still be liable for whatever is unpaid.

Instead, you might want to look into arranging an...
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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I have signed the contract and inspection was completed, now I want to back out of selling my house in San Antonio.

Per my realtor the answer was no. Is there anyway I can back out? Of course after paying the buyers back for anything they have spent on inspection and ETC

John Cucci Jr.
John Cucci Jr. answered on Oct 14, 2021

There may be a way out of the deal. The contract for sale of the property will have language on this issue. If there is "specific performance" or other language that allows the buyer to have a court force you to complete the sale, then you have a problem, and can not stop the sale.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: In Texas, does a will have to be notarized on the date it was printed out ? Or can it be notarized at any given time ?

I am trying to help my elderly mother make a will. The date I printed all the forms was July 23, 2021. Can I still use those forms and get them notarized ? Or do I need to make a new will since this one was printed two months ago ?

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The self-proving affidavit on a will must be signed with the testator, two witnesses, and a notary all present at the same time. The date on the document should reflect the date they all sign. The date the document was printed doesn't matter.

1 Answer | Asked in Real Estate Law for Texas on
Q: How can I buy a home my wife isn't crazy about but she's willing to sign waiver papers at close of escrow?Texas

She doesn't want to be on title but is willing to sign any waiver on purchase. Texas is community property state.

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

All property acquired during the marriage is presumed to be community property, regardless of who is on the title. If you're getting a mortgage, the lender will require her to sign the deed of trust whether she's on the title or not.

1 Answer | Asked in Real Estate Law for Texas on
Q: How can I buy real estate in TX without my wife being on the documents? Can she sign a waiver at closing?
Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

You can certainly buy property without your wife being on the deed, but she will likely have a community property interest in the property anyway. You can buy property with a mortgage, without her on the note, but the bank will almost certainly require her to sign on the deed of trust, which... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Real Estate Law for Texas on
Q: Dead divorced parents no will

Both of my parents died in 2016. They were divorced in 1982 and in their divorce decree it states the home they owned was to be put in mine and my sisters name upon turning 18 at which point we could sell or live in. My father has another child from his second marriage is she entitled to any of... Read more »

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The answer depends on who owned the property at the time of your parents' deaths. If you and your sister owned the property, then your parents' death doesn't give anyone else rights to the property. If your parents still owned the property, then all of their heirs (either under a... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: What does it take to change names on a deed?

My son is buying a condo. After he closes, I want to give him half the down payment in exchange for half ownership. What will be required?

Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2021

He will have to execute a Deed to you for a one/half interest as a tenant in common.

But apparently it will be subject to a security interest, and the lender might exercise a due on sale clause for foreclosure. Hire a competent attorney prior to the condo purchase. You might be better...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Foundation issues after sellers disclosure indicates no issue.

We purchased a home from a wholesaler - the sellers disclosure stated no issues with the foundation, while remodeling the house we found issues with the foundation & was wondering what remedy there may be for resolution.

John Cucci Jr.
John Cucci Jr. answered on Sep 23, 2021

All real estate sales are made with a written agreement. That agreement will likely have language in it that covers or does not cover any defects in the foundation. The fact that it was a "wholesale" purchase gives me pause as it may have been excluded from any warranty.

Find your...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental paymen

I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental payments in excess of $45,000. I was never aware that I was a co-signer and thought I was just listed on the lease as being an occupant since I only stayed there a few weeks a month to... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

Hi:

I am a parent also.

So if you never signed anything at all, then you can probably get out of this mess. If you did sign, you need to defend yourself if the lawsuit has been filed. If you get served with sue-papers, do not ignore them. Get to a lawyer, and defend yourself....
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1 Answer | Asked in Family Law, Contracts and Real Estate Law for Texas on
Q: Will we need legal help?

The owner of the house we just signed a lease/paid deposit for was working with a property management company but has fired them for his own reasons. They still have the property listed for rent, the lockbox hasn't been removed, and we want to make sure we're covered. We have a lease... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

If you have a lease signed by the home owner, you are in good shape. On the first day of the lease, you need to be there and occupy the house. That will solidify your tenancy. I would talk to the owner to confirm your move-in date. The fact that you paid the deposit puts you in good shape legally.... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Texas on
Q: i got a reverse mortgage loan. the company said they would pay insurance , they haven’t done so and it expired

the contract says insurance and taxes need to be kept up I am really concerned

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

So you are right to be concerned.

If the agreement between you and the mortgage company requires them to pay for home insurance, then they are obligated to do so. If that is true your best move is to send the mortgage company a certified letter demanding that they provide coverage. If they...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Real estate

I sold a piece of property in 2009 in Texas. The person never filed the deed and indicated that he lost the deed. He has not take the property. I have been paying the taxes on the property since 2009. It’s still in my name at the court house. What can I do?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Hire a competent TX attorney to file a Quiet Title Action. Your payment of taxes will really help you. This would be a classic "Bill Quia Timet", because you fear a claim. An adjudication should place title in you only and prevent the would be purchaser from ever claiming title. Or... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My boyfriend and I went half on a home in cash how can l protect myself if he decided to sell with out my consent

Both our names are on the deeds

John Cucci Jr.
John Cucci Jr. answered on Sep 3, 2021

You will be happy to know that if both of your names are actually on the deed, and the same deed has been filed in the county wherein the property is, then the property could never be sold without your signature. ( Unless someone commits fraud or forges your signature. )

If you are unsure...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My daughter had a signed lease agreement to move into a house on 10/1. Today she is told other Tennant not moving out.
Teri A. Walter
Teri A. Walter answered on Aug 31, 2021

Sounds like her new landlord is in breach - which may be because the former tenant refused to move. Without knowing more, it's impossible to say what the best solution would be, but I'd start by talking to the new landlord.

2 Answers | Asked in Real Estate Law for Texas on
Q: I'm needing to transfer deed of parent by affidavit of heirship. Is there a timeframe of death for filing?

There's no will or durable power of attorney. Parent's was living with me at time of death; 17 mos. Do I file in Hays Cty or place of property Victoria Cty?

John Cucci Jr.
John Cucci Jr. answered on Aug 30, 2021

This question needs a little more information to give a full answer.

The question does not state who is asking. Is it the child of deceased, husband, boyfriend, or other. Status is very important when trying to answer a question on inheritance. There needs to be information on any siblings...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Tx if my spouse & I are currently on the mortgage & title yet spouse wants to refiinance w/ just their name. Pros&Con

I would remain on the title just not the mortgage. What are the pros and cons just want to make sure my kids and I are protected in case anything ever were to happen.

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

Protected from what, exactly?

If the refinance happens and you don't sign on the note, you would not be liable on the mortgage, however the lender will almost certainly require that you sign a deed of trust to secure the mortgage loan. That means that even if you're not...
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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Lease summary and details have different information and I am facing fees for it. What are my rights? -apartment lease

My lease says I require 30 days notice for year contracts and 60 days notice for month to month. but on the summary of the lease it just says 60 days for all tenants. I gave 30 days notice after seeing the contract and they will not let me move out without a fee. What are the things I could say to... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

The lease is the contract, not the summary. Where the two conflict, the lease controls.

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