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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can the home seller legally get out of the contract?

I’m currently in the process of buying a house. We’ve gone through all inspections as well as the appraisal, and the seller has signed their end of the contract agreeing to the sell price. Yesterday their realtor called and said they are no longer comfortable selling the house for the agreed... Read more »

Teri A. Walter
Teri A. Walter answered on Mar 4, 2021

Probably not, but you may want to take the contract to an attorney for review to be sure. Don't sign any more extensions, and you will want to go ahead and have your financing ready, and you may want to appear at closing as well.

2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: mother died. Left family home that I’ve lived in for 10 years, to me and brother. He’s executor. He won’t pay 1/2 taxes.

He hasn’t transferred title to us either. I pay all bills since I live here and don’t want to sell. If house was in our names, taxes would be less since I am disabled so my half would be lower. But I can’t pay $12,000 property tax bill alone. What do I do?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

You could sue to partition the property, but that would just get the house sold, and the proceeds divided. Otherwise, you're looking at suing your brother periodically for his share of the expenses that you paid.

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1 Answer | Asked in Real Estate Law and Arbitration / Mediation Law for Texas on
Q: Can I get my earnest money back in Texas?

On Feb 27, we went to see some home and we stop on Perry Homes. The seller told us the prices where going to change soon. She ask us if we had an agent and since we didn't she told her friend who is an agent an was there. He said we could sell our home and get more 100k and we where pressure... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 24, 2021

Whether you can get the earnest money depends on the terms of the contract you signed. Take it to a lawyer for review.

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Probate for Texas on
Q: I have been paying a mortgage that's in my mother-in-law s name for 22 years, my common law husband of 27 yrs died.

The family wants me out. What can I do

Nina Whitehurst
Nina Whitehurst answered on Feb 22, 2021

You have essentially been paying rent all of those years. Yes, chances are you are going to have to move out. You should schedule a consultation with an unlawful detainer attorney to see if there are any eviction moratoriums in place that might help you get more time.

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2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: My husband and I moved into the house his mom got the loan for , I've been paying the mortgage for 22 years,

My husband died. Can I still claim this house? Or does the person that's on the deed kick me out

Nina Whitehurst
Nina Whitehurst answered on Feb 22, 2021

More facts are needed. You did not say how title is vested right now.

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1 Answer | Asked in Real Estate Law for Texas on
Q: I can’t find out how old my mobile home is and it was manufactured by y’all and sold from clayton mobile homes I’ve had
Teri A. Walter
Teri A. Walter answered on Feb 22, 2021

This doesn't appear to be a legal question.

Mobile homes have serial numbers, and contacting the manufacturer with the serial number, or contacting the seller, should be able to resolve the question of the year the home was manufactured.

1 Answer | Asked in Real Estate Law for Texas on
Q: Forbearance granted, ending 10/30/20, bank filed foreclosure 10/28/20 but stated no action wud be taken while in Forbear

The bank granted me a forbearance that ended 10/30/20, stated while under FB no action for foreclosure would be taken. The bank filed with the county clerks office for foreclosure 10/28/20, with a sale date of 1/6/21. I had to file for bankruptcy to prevent losing my home. Before the sale date I... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 20, 2021

I don't know what you're asking, but if you're in bankruptcy, talk to your bankruptcy lawyer.

1 Answer | Asked in Real Estate Law for Texas on
Q: I bought my home from a man that died when I owed him one payment. I paid my last payment to his estate trustee.

my question is I am on ss disability I have Medicaid and medicare. I was told that the state will take and sell my home if I go into a nursing home if this is true can I put my deed in my name and 2 of my children's names to keep the state of texas from selling my home? or just put the deed... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 20, 2021

You have two problems.

The first is to make sure you obtain title to the house, and without reviewing your documents it's impossible to know what, if anything, needs to be done for that. (Then, if you want to transfer the property to your children, that's a separate process,...
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1 Answer | Asked in Real Estate Law for Texas on
Q: If you pay on a property tax leon in someone else name can the state sell the property out from under you in texas
Teri A. Walter
Teri A. Walter answered on Feb 20, 2021

If the taxes are paid, the state won't be selling it out from under anyone. However, just paying the taxes won't get you ownership of the property.

1 Answer | Asked in Real Estate Law for Texas on
Q: I live in Texas my husband died last year, the loan to the our house is just in his name do i have a right to it.

Should I continue to pay off the mortgage on the house

Brian Foley
Brian Foley answered on Feb 12, 2021

If your husband died without a will and you lived in the same house then you may be able to legally inherit the home or at least a life estate in the home. This is true because of the laws of intestacy. Paying the mortgage on the house is a matter that would depend on how much you wanted to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: New trailer park manager termination of lease I'm renting to own my trailer for 5 years now now have to leave by 31

Of last month I payed rent for this month they took it and now she says she puting in eviction or volunteer surrender my trailer what do I do

Jonathan Tanaka
Jonathan Tanaka answered on Feb 10, 2021

Hello, thanks for your question!

I'm sorry to hear about your situation. I would suggest that you schedule a consult with an attorney in your area as soon as possible so he or she can sit down with you, learn more about what's going on, and thoroughly review the lease with you....
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1 Answer | Asked in Real Estate Law for Texas on
Q: What happens to a deed document when the developer no longer exists? who takes thier responsibilities?

I live in a neighborhood with deed restrictions. As part of the deed we have an architectural control committee (ACC) with 3 members appointed by the developer. a few years back the developer seized to exist and relinquished all legal rights in the deed. Our problems is we are now not sure who gets... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 10, 2021

Once the developer no longer owns a certain number of lots - whether by sale or by dissolution - the governance of the HOA is taken over by the current owners, who will need to elect a new board and appoint members to the ACC. Check the deed restrictions and Bylaws for when this happens and how to... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If seller cashes 4000 downpayment check and just wants 2 minor things done to contract can he back out.

We were in a verbal agreement and I changed what he wanted changed on contract and he cashes the down payment check, but now he says he has a better offer and he dont want to sell to me he wants to accept the other offer. Can he do that

Teri A. Walter
Teri A. Walter answered on Feb 9, 2021

In order to be enforceable, contracts to buy or sell real estate have to be in writing. So yes, he can back out of the deal, but he'll need to refund your down payment.

1 Answer | Asked in Real Estate Law for Texas on
Q: I have a long term noise nuisance from a neighbor

revoked

Teri A. Walter
Teri A. Walter answered on Feb 9, 2021

If you have "no time for small claims" you definitely don't have time - or money - for any other suit. Damages will be difficult to calculate, and most likely won't help you, because the problem will continue. Typically, the remedy in a nuisance case is an injunction - a court... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: I have paid taxes for 30 plus years on 2acres that belonged to my deceased husbands family. No one wanted to pay taxes

Tha property is landlocked and is in a bay gall. It was up for auction at the courthouse and we paid the taxes and voided the auction. I kept paying all of the taxes all of these years. Can I get a deed?

Teri A. Walter
Teri A. Walter answered on Feb 1, 2021

Maybe. Who is in possession of the property? Did you have any agreement with the family members? Who is on the deed? Did you make any improvements to the property?

It's possible you would qualify for title by adverse possession, but that requires a suit against all the title...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Texas on
Q: Can you be arrested for being on your phone on your property and charged with interference with public duties?

Thank you

Teri A. Walter
Teri A. Walter answered on Jan 29, 2021

Can you be arrested? Apparently so. I think what you really mean to ask is whether they can make the charges stick. I'm changing the category to criminal law. Call a criminal defense lawyer immediately and stop posting anything at all about this incident on the internet.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who is responsible for fixing erosion of land under the perimeter subdivision fence?

I have severe erosion under my rear fence which is the subdivision perimeter. The subdivision was developed 20 years ago and done with improper terracing around the sudivision. I built my house in 2005 through a home builder that bought lots within the subdivision. Of course, when we purchased our... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 28, 2021

Sorry, the original developer isn't going to be responsible for something happening 20 years after they finished the development. The HOA may or may not be responsible - review the deed restrictions to determine their authority and responsibilities. It could be that this is something the... Read more »

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Civil Litigation for Texas on
Q: What steps to take when have a charging order signed by the judge the day before it was e-filed by plaintiffs attorney?

The creditor is also the Limited Partnership General partner and is covered under LLC that is not mentioned nor that the same person controls.each of these companies.

Teri A. Walter
Teri A. Walter answered on Jan 26, 2021

Sorry, without more details it's impossible to say what actions might be necessary or appropriate. If you're in litigation, you will need an attorney to represent your interests. They can review the order and status of the case and take the appropriate action if the order should not... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: On the form Affidavit Of Heirship in Texas, which box indicates the party to whom the title has been transferred?
Teri A. Walter
Teri A. Walter answered on Jan 25, 2021

None of them. It's an affidavit describing who the heirs are, not transferring title of anything.

3 Answers | Asked in Real Estate Law and Probate for Texas on
Q: Can the lender take ownership of the home if no one officially takes over the loan officially?

My grandmother had refinanced her home prior to her death. She left 6 children behind and my aunt has been making the payments for a month that she's been deceased. She wants to continue to make the payments to the lender but want to know if later this will be of no use if an heir doesn't... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 24, 2021

Federal law prohibits a lender from foreclosing for six months after the court appoints an executor or administrator. After that, the lender can foreclose. Whether the lender will allow someone to "take over" the loan is really a question of whether that person qualifies for a new loan... Read more »

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