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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: Foreclosure for property tax default is there a 2 yr right of redemption if notice was only served by mail or newspaper

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

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: I have lived in Texas since 1978. Since I have lived here, i have always used the same address of my first home.

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

Isaac Shutt
Isaac Shutt
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...
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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: I want to sell my portion of my mom's house she passed away last year my sisters name is on half the property how

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

James Clifton
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James Clifton
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

2 Answers | Asked in Real Estate Law for Texas on
Q: 15 acre property. Cost and how to partition & cost of mediation? Can one sell their portion or sign over their portion?

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

James Clifton
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James Clifton
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

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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: The defendant's commercial liability insurance if offering to pay for damages, but not legal expenses.

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Business Law, Construction Law, Contracts and Real Estate Law for Texas on
Q: We bought a mobile home on a 25 year contract, but it is not structurally what they told us it would be. Lawsuit?

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

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.

James Clifton
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James Clifton
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

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

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.

John Michael Frick
John Michael Frick
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

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1 Answer | Asked in Real Estate Law for Texas on
Q: Are foundation warranties automatically transferred to a new owner of a home that had previous foundation work done?

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

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn 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...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My adopted father passed several years ago. His current wife has passed and her side of the family has sold everything

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.

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Can I sell my dad's old house after my siblings have past on?

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.

Isaac Shutt
Isaac Shutt
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

1 Answer | Asked in Real Estate Law, Divorce, Small Claims and Family Law for Texas on
Q: Doesn't my husband need my signature to sell our real estate. And how do you get him to give you your fair earning.
John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Real Estate Law for Texas on
Q: How to take over a property under your name paying the bills on it and everything
John Michael Frick
John Michael Frick
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

2 Answers | Asked in Real Estate Law for Texas on
Q: I will be purchasing a home, owner to owner from my landlord. What type of questions should I ask when signing.

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Seller left shed; now it's being repossessed. What can buyer do?

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

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Undivided Property

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?

John Michael Frick
John Michael Frick
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

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1 Answer | Asked in Foreclosure and Real Estate Law for Texas on
Q: Can Foreclosure 3 properties in Texas. sue the scammer, borrow. I need to collect the money amount in notes. Not enoug

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

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn 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...
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1 Answer | Asked in Contracts, Family Law and Real Estate Law for Texas on
Q: How can I get a Power of attorney document ?
James Clifton
PREMIUM
James Clifton
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

2 Answers | Asked in Real Estate Law for Texas on
Q: I received a document saying my condo’s hoa lost lawsuit and the settlement will be around $5M. Will I have to pay?

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

John Michael Frick
John Michael Frick
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

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Can a divorce decree recorded with the county serve as valid title transfer in Texas, or must a deed follow for owner?

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

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn 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...
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