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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Personal Injury and Real Estate Law for Texas on
Q: Can the manager at a mobile home park legally carry on your house and put it in the dumpster was no warn notice at all

You see I had a fire they knew I was going to save the last quarter of the house to rebuild a tiny home the the manager came of the bobcat tore it down and put it in the trash do I have any recourse for that

Tim Akpinar
Tim Akpinar answered on Apr 3, 2020

I'm sorry for your ordeal. It could depend on the park's polices, and the extent of fire damages in the remaining portion of the structure. One option is to see if a Texas attorney would offer a free or brief, low-cost consult to assess the matter. Before starting to shell out money to explore... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Texas on
Q: my sister passed on Friday March 27, 2020. She was living a home that her husband left her in a trust?

How do I get her thing out if her caretake is still in her home?

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 2, 2020

Once the court has appointed you administrator or executor of her estate, you will have authority to take possession of all her property and evict the care giver. If you have evidence that the caregiver is filching property, you might want to file a Motion for a Temporary Restraining Order.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: I Have a contract on a property, can I force a closing.

I put a contract on a property listed by a realtor. It was a cash offer with a quick closing (2 weeks). After the two weeks came and went with not contact I contacted my realtor (who by the way works in the same office as the listing agent). He informed me that the title company had found there was... Read more »

Kevin G Corcoran
Kevin G Corcoran answered on Mar 23, 2020

You may have a breach of contract claim against the owner. I am assuming the title company did a search but don't know if they issued or were going to issue a title policy on the property. The title company should be able to provide a copy of the lien, or maybe you can look it up at the County... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Environmental and Land Use & Zoning for Texas on
Q: A neighbor is complaining the tanks in our cattle pasture overflow when it rains and flood his yard. What do we do?
Tim Akpinar
Tim Akpinar answered on Mar 9, 2020

A Texas attorney could best address your question, but your post remains open for two weeks. If you contacted a few local attorneys, they could probably outline for you the liabilities and repercussions before you, as well as your rights. You could also explore what options are available to stop... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can everyone go to the clerk of courts With death certificates and get affidavit of heirship our selves or need a lawyer

Father passed away Nov 1999. He had 3 children, owned a house (no mortgage) and no will. Kids didn’t go to probate One sibling passed away Jan ‘20 only heirs mom & 2 siblings & no debt or assets. 1 child is receiving the house voluntarily by the others.

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2020

You definitely need a competent attorney to draft and record that Affidavit of Heirship. Your Title is not simple, and apparently involves at least Texas and Florida Heirship laws. The lawyer will need to also draft and record the Deed to the one Heir after establishing the Title with a proper... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Texas on
Q: Do I have rights to a jointly owned property after my divorce if it was put on the decree after I signed it

My ex-husband of just 3 days shy of 11 yrs filed for divorce in 2017 and put our jointly owned property on the divorce decree along with deeming himself custodial parent of our then 11 yr old daughter after I signed it. What rights do I have today as far as being compensated for the property and... Read more »

Victoria Collins
Victoria Collins answered on Feb 27, 2020

A Final Decree of Divorce is an order of the court, which means the judge had to have signed the Decree. If the Decree was never signed by a judge then it is not a final order. Since 2 - 3 years have passed since you signed the decree, its content cannot be changed IF a judge signed it, however;... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Bankruptcy and Foreclosure for Texas on
Q: I bought a house from someone, but it was foreclosed before the closing date.

On 01-11-2020, I signed the contract with the owner, and the closing date is 02-14-2020. After the house is closed, someone send me a notice on 02-16-2020 that the property had been foreclosed on 02-04-2020, and their deed is recorded on 02-11-2020. Nobody sent me any notice before the closing... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

The owners title police will protect you, although it will likely take a while to sort it out legally.

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I am recently divorced and ex got the house. I was removed from Deed. She now wants to refi but can't on her own.

I am still on the current VA loan but she took sole responsibility for the house per the divorce decree. She's asking me to refinance the VA loan so the interest is dropped significantly. Will this effect me in any way beyond my current situation? Would her being solely responsible for the... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Feb 9, 2020

You probably won’t qualify to refinance since you do not own any interest in that house. However, it will benefit you if she refinances the debt in your name. I don’t know the current loan situation. But, it sounds like you’re the one for paying the loan if she doesn’t pay it. Good luck.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: We signed closing on Jan 30 and the sellers have until Feb 8th to vacate but are no where near packed up, what can we do

They made a deal with us to dwell in the home until Feb 8th closing dates were changed but the vacate date never did. Now it is 3 days until time for them to be out so we can move in and they want 30 more days... WE don't have 30 more days! We have given notice to our current landlord that we will... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 6, 2020

You are afraid you might be "committing mortgage fraud"? Really? What is "mortgage fraud?" FYI: This is NOT a legal problem--nor even a legal question.

There are several simple answers, including charging the lazy buyers some reasonable daily rent for every day they stay beyond the magic...
Read more »

2 Answers | Asked in Real Estate Law and Probate for Texas on
Q: parents died without a will, affidavit of heirship filed, how can deed be placed in younger sister's name if all agree?

property is in willacy county and we live in brazoria county

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 28, 2020

Relying on the Affidavit of Heirship (which a court will not enforce until it has been of record for five years with no one complaining that they were omitted), each of the other siblings can sign a special warranty deed granting their interest in the property to the younger sister as a gift. They... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: I was given the title and to my grandma's house and the deed is in my name can my family try to sue me for it.

The house has been in my name and on the deed for 8 years and I have been paying the year taxes but I don't live in the house yet until my grandmother passes.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

As long as your grandmother was of sound mind when she signed the title over to you and it's been properly recorded and there was no undue influence or duress they should have no grounds to sue you. When a family member gets closer to the end of their life it's very common for other relatives to... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: I was awarded the house in the divorce, what happens if my husband is not out of the house by the time the judge set?

The judge has the date and time set for January 27th at 5PM for him to vacate the house.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

You may need to file an enforcement action on him or an eviction.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Does paying back taxes on a commercial property whose owner deceased with no will; property in probate, give ownership?

Deceased 3 years ago and heirs have no interest in the property, likely due to all the back taxes.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 21, 2020

No. After the heirs probate the estate and receive their distributions, they may sell the property. Or a creditor may probate the estate, file a claim, be reimbursed and, after all bills of the deceased and the estate are paid, distribute what remains to the heirs. Contact a local probate... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: My mother was left a condo in her deceased husband's will 4 years ago. She has not changed the name from him to her.

I want to buy the condo and was not sure if she can when it's still in his name. She is owner financing it for me and I got a contract drawn up but want to be sure it would be legal for her to be named as the seller or does the name of the owner be changed to her before executing the contact

Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 15, 2020

If the Will was admitted to probate as a Muniment of Title, the Order admitting it should be filed in the deed records. If not, a Distribution Deed from the estate to the beneficiary should be recorded. Without one or the other of these, your mother has no legal authority to sell the property to... Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: Tenants refuse to leave. Haven’t paid for the past 4 months. They claim it’s due to a language barrier.

Any advice would be helpful. Thank you.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

It's a universal language that if you live somewhere you generally pay for it; evict them.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Can I stop my neighbor from subdividing his land?

I own several acres of land. The neighbor behind me has 40. He uses an easment on my property to get to his land. He wants to subdivide his land. That would make the traffic on my land much busier and from what I understand I am responsible for maintaining the easement. Is there anything I can do... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 9, 2020

Start by checking what type of easement he has and whether it gives him the right to subdivide his land and keep the same easement. I'm surprised he's not responsible to maintain the easement. You may want to take the deed regarding the easement to an attorney to review.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My parents have both passed , they left 3 burial plots in Houston Texas but they had no will can we sell these

How would we go about selling them and what proof would we need to do so I have original receipt where they purchased them

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 9, 2020

Contact the cemetery, they may have forms you can use such as affidavit of sale, etc. Otherwise, you may have to go through proceeding to show you are the rightful heirs.

2 Answers | Asked in Real Estate Law and Elder Law for Texas on
Q: With a Texas POA could I be added to my dad's reverse mortgage?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jan 6, 2020

RMs are limited to people 62 or older. If you qualify, contact the lender.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Is a property deed warrant from 2010 trumped by heirship from 2011

Greedy son has all the sudden come up with a deed dated 7/2010 after brother died cutting out widow stating deed over rules heirship dated 4/2011 that the since deceased father filed to protect all the children equally

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 5, 2020

Take it to a probate attorney or real estate attorney who is familiar with these issues and have them review it with you.

1 Answer | Asked in Real Estate Law for Texas on
Q: Does my legal name change necessitate updating my property's deed to my new name?

I co-own property & I'm about to legally change my name. Is it necessary to change my name on the deed to my new name in order to keep my property rights? Are there any downsides or risks to keeping the deed in my old name?

Edited to add: I will be changing my full name - first, middle, and... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 5, 2020

No your new last name change won't be a problem. Just keep all your documents with you.

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