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I received a judgment for non-payment of child support back in 2009 at which time it was turned into a lien that was attached to my homestead home in Texas. I was unaware of this action. In 2019, my ex renewed the lien. Again, I did not know the lien existed or received any notifications from the... View More 
answered on Sep 18, 2024
If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the... View More
OFHA Deed restrictions item (e) NO Trailers & City of Houston, Texas Ordinance N. 2009-57
answered on Sep 16, 2024
You can file a lawsuit seeking an injunction against the neighbor for violating the deed restriction. Our firm is not located in Houston and, therefore, would not be a good fit for you in seeking such relief. But for informational purposes only, our firm would typically require an initial... View More
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answered on Sep 13, 2024
That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.
The general idea is that you can buy property with the 401k money, then identify the investment... View More
can we invoke "ex post facto" doctrine in this case
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answered on Sep 6, 2024
My understanding of the Bill you mentioned, is an additional part of the Tax Exemption law in Texas. The Bill allows the Tax Appraiser in each county to verify the property owner's exemption status every 5 years. That verification may be done in portions, and broken up into multiple years of... View More
I'm closing on a home; I've provided my 30 days notice as the lease stipulates. I've read my lease several times. I can't find any clauses which coincide with what I'm being told about: the inability to terminate my lease early; clauses that denote the complex will do... View More
answered on Sep 4, 2024
In the absence of an agreement to the contrary, a lease for a specified term continues until the end of that term. For example, if you agreed to a lease for a term of one year with a commencement date of December 1, 2023, that lease does not end until November 30, 2024. The parties can agree... View More
Mom had no will so 50 percent of sale will be split between my brother and myself.
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answered on Aug 21, 2024
Hire a competent TX lawyer to draft that Deed. Transfer Value can be computed on actual land value conveyed. But Deed should have a complete derivation of title and specify what exactly is conveyed. IRS Regulations can give values for remainders. etc.
I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More
answered on Aug 21, 2024
Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More
There are three partners (LLC) and a rift has developed between them. Two partners wanted to buy out the third (P3) but have first given P3 the opportunity to buy them out.
All three partners, along with their spouses, were required to sign to be individually responsible for the entire term... View More
answered on Aug 19, 2024
It depends on the language of the Lease and of the Guaranties signed by the individual members.
It is not uncommon for a landlord to require each individual member of an LLC to personally guaranty a lease to the LLC if the LLC does not have established credit. Some leases provide that... View More
answered on Aug 19, 2024
An executor of an estate can file a lawsuit pursuant to section 351.054 of the Texas Estates Code without an attorney. An executor owes fiduciary duties to the beneficiaries of the estate. So it is very important that the executor handle any such lawsuit with the same degree of skill as an... View More
I applied for legal assistance through Texas legal aid and was told the executive director didn't handle the shares properly and I was told to get a private attorney because I have a case.
answered on Aug 13, 2024
Yes, our firm handles such cases. However, this is not the type of case that a private attorney is likely to handle on a contingency fee. You should assume that you will need to pay a reasonable fee at an hourly rate for services and deposit a reasonable initial retainer before a private attorney... View More
We filed a lien a customer. The property owner has let us know that customer was their tenant and have asked us to release them from the lien. The customer has now filed bankruptcy and I just filed a claim with that court. Can I release the property owner from the lien and still keep the lien... View More
answered on Aug 7, 2024
Additional information is required in order to properly answer this question. Is this a residential or commercial property? Is the lease a ground lease? Did the landlord consent to the work you performed? What is the status of tenant's leasehold interest in the property? Is the tenant... View More
The builder is trying to force me to sign off on the repairs before we close tomorrow. She specifically said we cannot close until I sign off on the repairs. I feel like I’m being forced to sign off on this because they have my $25,000 in earnest money. What can I do?
answered on Jul 30, 2024
You can so "no" and refuse to "sign off" on the repairs. You can tell the builder in writing that you are prepared to close on the agreed date but that you do not accept the repairs as having been completed in a good and workmanlike manner and that you are not waiving any right... View More
My husband wants to keep the house and I do not want to be on the loan anymore. He can pay the payments and bills with support of roommates but is asking that I give him a year and a half to refinance. Do I have to hold off on the divorce if I agree to wait because his credit is not where it needs... View More
answered on Jul 12, 2024
You can get divorced and include in your divorce decree a provision that he has a set period of time to refinance or the house will be sold. At the time of refinance or sale, you can specify how much you are to receive. You will want to include an owelty lien and have him sign a deed of trust to... View More
Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More
answered on Jul 12, 2024
If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.
Your brother's ex cannot inherit anything from your brother's estate... View More
We are purchasing an owner financed home for $27,000 6% interest,15 year. We bought it 2012, the man we are purchasing from, is now in assisted living, & son has taken over businesses, we found out we haven't had insurance for over a year (that we paid for) so son starts looking into... View More
answered on Jul 3, 2024
Yes. The statute of limitations for breach of contract is four years. As a condition precedent to collecting attorney fees in a suit for breach of contract, he is required to make a written demand for payment at least thirty days before bringing suit. If you pay the demand within thirty days,... View More
answered on Jul 2, 2024
If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More
Back taxes and the city is about to sell the house and she loses it. There is a will my dad left for the house but she never filed it. If the house was sold it would be split among us children. These taxes are from her failing to pay them the past two years since my dad died. How do I gain control... View More
answered on Jul 1, 2024
A power of attorney expires when the maker dies. When your dad died, any power of attorney he signed naming your sister ended.
Since your father left a will and you are an heir under that will, you have the right to file an application for probate of the will. If someone else (e.g. your... View More
The title company claims there is no easement right of way agreement on record with the county, but the ROW agent says the pipeline is going through our property in September!
answered on Jun 24, 2024
If there is no recorded easement, you have plenty of time to file a lawsuit against the company that is threatening to put a pipeline on your property and to set a hearing for a temporary injunction before September.
Do not wait until it becomes an emergency or it will almost certainly cost... View More
she left me a note stating that I had to transfer the deed to the house within 45 days of her death. is this true ? and if I dont do it in 45 days what are the consequences
answered on Jun 20, 2024
A Lady Bird Deed (also known as an enhanced life estate deed) allows a property owner to retain control over their property during their lifetime and transfer it to a designated beneficiary automatically upon their death, without the need for probate. In Texas, this type of deed is often used to... View More
The house was in my ex husbands name only, but yet one piece of paper was signed as married couple even though he was divorced from his second wife.
I don’t understand how she was still able to be part of the sale after signing a warranty deed.
He signed the papers in may 2022... View More
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answered on Jun 17, 2024
As an ex spouse you have no standing nor interest in this matter. If you have children by the Deceased, then they might be heirs and need to hire a TX lawyer to quiet title in themselves. Many title companies will have spouses sign deeds even though they have no interest except if the other... View More
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