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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: How to address neighbor's violation of deed restrictions regarding hogs in Texas?

I am experiencing a problem with my neighbor violating deed restrictions by keeping hogs on their property. The odor and noise from the hogs are making it impossible for me to enjoy my outdoor space at any time. Despite numerous contacts from the sheriff's office regarding this issue, the... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025

As long as there re no expiration dates on the deed restrictions regarding "split hoof" or other animals, you can enforce a deed restriction by filing with the District Court or Civil Court, depending on which county, the property is located. If there is a board of owners involved, you... View More

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: How is a personal loan handled in estate without a will if there's a shared mortgage?

If my father passes away and leaves behind a personal loan that is not fully paid, how will his estate handle it if we are jointly paying a mortgage that is also not yet paid off? There is no will currently, the loan has no cosigner, and my father owns nothing besides the house, which is also in my... View More

James Clifton
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James Clifton
answered on Feb 14, 2025

If the property is the only asset and it is titled as joint tenants with right of survivorship, the property will pass to you without having to pay the personal loan by operation of the deed. The mortgage will still exist, and you will still have to pay it. If the property is held as tenants in... View More

1 Answer | Asked in Probate, Real Estate Law, Civil Litigation and Legal Malpractice for Texas on
Q: Can executor sell property in TX against original will?

Does a decedent's spouse have the authority to appoint an independent executor to sell all of the estate's property upon her death, including real property purchased through the Veteran's Land Board of Texas? The husband, in his will, left her a life estate in the property,... View More

John Michael Frick
John Michael Frick
answered on Feb 14, 2025

You are incorrect regarding the effect of the deed on whether the property was community or separate property. Property acquired during marriage is community property unless you can prove by clear and convincing evidence it was husband’s separate property.

That being said, if you are...
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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: In tx if your loved one had a lady bird deed with a house with a reverse mortgage can you skip probate?

In tx if your loved one had a lady bird deed with a house with a reverse mortgage can you skip probate? They’re demanding a letter with executor listed for probate, but there isn’t going to be probate so, I want to make see if we need affidavit of heirship since they won’t accept just lady... View More

John Michael Frick
John Michael Frick
answered on Feb 12, 2025

The lady bird deed automatically transfers ownership of the house to the beneficiary(ies) named in the deed, subject of course to the reverse mortgage. It is not necessary to probate the decedent's estate to transfer the house.

The beneficiary(ies) need to pay off the reverse...
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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: In tx if your loved one had a lady bird deed with a house with a reverse mortgage can you skip probate?

In tx if your loved one had a lady bird deed with a house with a reverse mortgage can you skip probate? They’re demanding a letter with executor listed for probate, but there isn’t going to be probate so, I want to make see if we need affidavit of heirship since they won’t accept just lady... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Feb 13, 2025

With a ladybird deed in Texas you do actually bypass probate. The name of the beneficiary becomes the owner of the property upon the death of the grantor. One problem I've realized with any outstanding mortgage is that while the beneficiaries do own the home, they never entered into the... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: How do you remove a deceased (co-owner) from the deed in Texas avoiding court proceedings?

Currently, both spouses are listed on the deed. The property is located in Harris County. He is deceased and she is trying to file a TODD. She is unable to file it because it requires both owners signature.

John Michael Frick
John Michael Frick
answered on Feb 10, 2025

The TODD would have had to have been signed by her husband and recorded in the Deed Records before he died.

Her husband's interest passed to his heirs at his death. If he did not have a Will, his heirs include her as his spouse, any children, and (if any of his children died before...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My ex and I have lived together from 2013 to Nov. of 2023 when she left. We have a 10 yr old daughter who lives with me.

How can I prove that we are common law married? As she now wants to sell the home we purchased in March of 2021 where me and my daughter are still living. My name is not on the title…my name is on the deed of trust. I do not want my daughter and I to be removed from our home. My ex has been gone... View More

John Michael Frick
John Michael Frick
answered on Feb 7, 2025

To prove a common law marriage, you need evidence of each of the following:

1. An agreement between the parties to be presently married (i.e. not to get married in the future);

2. Living together as husband and wife after that agreement;

3. Publicly holding each other out...
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2 Answers | Asked in Energy, Oil and Gas, Real Estate Law and Civil Rights for Texas on
Q: (USA v Mayra Lopez 11-41392 (5th Cir 2013). These people have stole 15 million $ of oil, land, with others, What do I do

My land and property, minerals are being stolen as people are changing the deeds and altering them online and sending them to county clerk as they approve and send through. Being in probate court as all deeds, vouchers, oil, gas, leases and property is being stolen (50 million).You can notice on... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

How does the case cited USA v. Lopez have anything to do with the land patent claims?

If you received a $50 million inheritance, it is highly unlikely an attorney would take a case such as you describe on a contingency fee. If police and the Texas AG can't prove deed fraud in your...
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1 Answer | Asked in Real Estate Law for Texas on
Q: i lost a no evidence motion for summary judgement due to technical issues by filing reponce an hour before hearing

I motion to reconsider on feb 5 i need to hire an attorney that can help me with this issue or am i sos ? this is the motion what else should i do? The first issue is the timeliness of the filing. The plaintiff had issues with the electronic filing service which is why the filing was late. Texas... View More

John Michael Frick
John Michael Frick
answered on Feb 3, 2025

The "filing" issue can be effectively addressed by a reasonably experienced and competent attorney as long as you can show that your response and any accompanying admissible evidence was SERVED on the moving party at least seven days before the hearing.

Even when an e-filing is...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Claiming ownership of land after owners (uncle and mother) have passed away.

My uncle and mother shared ownership to a property, which the 3 of us lived in together. Sadly, they both passed away and I remained living on the land. However, they didn't get around to add my name on the deed/title. How would I be able to claim ownership to the property? I still live on... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2025

If your uncle and your mother left you the land, you need to probate their wills to ensure that you have clean title to the land. If there is no will, or if their wills do not leave the land to you, you likely do not own the land alone. If your uncle and/or your mom have a surviving spouse or any... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Texas on
Q: What is my response to a lawsuit my the legal firm representing my HOA?

It’s re an overdue balance for semi annual HOA fees.

John Michael Frick
John Michael Frick
answered on Jan 30, 2025

If you paid the fees, you MUST make an affirmative plea of payment stating the date, amount, and method of payment. TRCP 95

Otherwise, you can file an answer asserting a general denial under TRCP 92, assert any applicable verified pleas under TRCP 93 (e.g., you aren't the owner and...
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1 Answer | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Texas on
Q: see more information

Can a cousin that stayed no more than a few days at my Mothers home a time over a period of a few months while in town on business used her address to receive mail from the IRS, file a lien on the house listing him as grantor and IRS as grantee for debt over $200,000? I don't think he ever... View More

John Michael Frick
John Michael Frick
answered on Jan 29, 2025

It is likely that the IRS simply filed a tax lien because your cousin used that address as her mailing address on communications with the IRS. the lien only attached to your cousin's interest and she doesn't have any interest.

Your mother can probably file a proceeding to have the lien released.

1 Answer | Asked in Appeals / Appellate Law, Landlord - Tenant, Foreclosure and Real Estate Law for Texas on
Q: To what is the best way to get a continuance for a eviction appeal in the state of Texas?

My girlfriend had her house sold due to a wrongful foreclosure and we don't have money for legal help so we're trying to do this on our own

John Michael Frick
John Michael Frick
answered on Jan 27, 2025

Prepare and file a verified motion for continuance setting forth the reason why you need a continuance. There are specific rules dealing the absence of a witness which require certain information. Be as specific and detailed as possible. For example, when I moved for continuances due to... View More

2 Answers | Asked in Landlord - Tenant, Criminal Law, Real Estate Law and Business Law for Texas on
Q: We rented a space to someone on our storage facility. He began living in the space & we allowed it but now want him gone

We own the 15-acre facility & pay taxes every year. Due to his financial situation, we allowed him to stay & work in lieu of rent. Nothing in writing was ever done about this arrangement, all verbal. He's using his truck & camper shell to live in behind our office. Last Friday,... View More

John Michael Frick
John Michael Frick
answered on Jan 23, 2025

Because there is no agreement to pay rent, you must give him 30-days advance written notice to vacate for the reasons stated in your question. If he fails to surrender possession of the premises to you after 30 days, you must file an eviction suit in the justice of peace for the precinct where the... View More

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1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: Need help filing for divorce at the cheapest cost possible
John Michael Frick
John Michael Frick
answered on Jan 21, 2025

It depends on where you reside at the time of your divorce but the following lawyer provides extremely inexpensive divorce representation: https://carringtonsmyth.com/divorce/uncontested-divorce/

It will be cheapest if the parties' marital estate is limited to personal property (like...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I am renting a mobile home. several large limbs from a tree on the property were blown down and damaged my vehicle.

Does my landlord have any liability for the damage to my vehille

John Michael Frick
John Michael Frick
answered on Jan 21, 2025

It depends on the language of your lease, but probably not. Landscape maintenance is usually the responsibility of the tenant, not the landlord. Your landlord could potentially be liable if your lease prohibits you from doing landscape maintenance or limits your right to trim tree branches, and... View More

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I was awarded a property in divorce, ex refuses to sign a quit claim. Can I sign her name on current mortgage paperwork

Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed, but she refuses to sign my forms also refuses to submit a quit claim

John Michael Frick
John Michael Frick
answered on Jan 20, 2025

No. Signing someone else's name on a important legal document is the crime of forgery. Signing it on a loan modification could very well be bank fraud. Unless you have a proper power of attorney and permission from another person, never sign that person's name to an important legal document.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can you file a quitclaim deed and then follow up with an affidavit of heirship?

My father passed away last year without a will. My sister wants to keep the family home and have the deed transferred to her name. My father only has two children which is my sister and I. I don’t want any ties to the property. We filed a quitclaim deed to remove my name, but now I think we... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2025

It is logical to record the Heirship Affidavit, then record Deeds thereafter citing the heirship resulting in present title in the Deeds' derivation of title clauses. But it is not fatal, and you can record the Affidavit later which shows how the grantor had a source of title to convey.... View More

3 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Can I sign for my ex wife on current loan paperwork if she refuses? By decree she’s not responsible for this loan anymor

Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed since her name is still on the loan agreement but she refuses to sign my forms also refuses to submit a quit claim. Property was awarded to me in the divorce.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2025

You can not sign for your ex-wife, without her permission, or authority.

If you are seeking a modification of your mortgage with the same lender as when you bought the house with your wife, you need to go back to the divorce court for a modified Divorce Decree. Otherwise, you should be...
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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Can I sign for my ex wife on current loan paperwork if she refuses? By decree she’s not responsible for this loan anymor

Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed since her name is still on the loan agreement but she refuses to sign my forms also refuses to submit a quit claim. Property was awarded to me in the divorce.

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

Unless your Decree ordered your ex-wife to sign a deed conveying title to you (which would normally be a special warranty deed, not a quit claim deed), you can't have your ex-wife held in contempt for not doing something she was not ordered to do. If your decree contains a boilerplate... View More

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