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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: There has never been an open HOA meeting and this year we were hit with an increase and special assessment - can they?

New developer took over the community and according to records they purchased 71 lots in 2016 now they are saying they took over a poor HOA and now hitting the new homeowners with an increase and special assessments.

John Cucci Jr.
John Cucci Jr. answered on Jan 19, 2022

Sorry about your problem. The way you should proceed now is to get a copy of the HOA bylaws and/or rules. They should have language in there that covers Notice rules, Meeting rules, and other matters concerning the board of directors or executive positions on the HOA, and how that is done. Once... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: what happens to me now and can I get them to stop?

The place I'm rent and still have a vail lease that doesn't run out for a 2 years. Now the place has been abandon by the owner and seized by the county. To settle out hoa debts. Now the hoa is harassing me daily to run me off. This is in Texas.

John Cucci Jr.
John Cucci Jr. answered on Jan 18, 2022

You do have some rights, however, you may need to start a lawsuit, in court, to assert your rights. You would need to find out if there are any pending foreclosure proceedings and whether or not, your landlord is still alive, or find out where they are and what their status is right now.... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: What to do when the HOA Management company is not operating by the CCR's of the HOA?

Per CCR's the payment shall be due after 30 days before the late payment is due. They are applying it after 15 days. They refuse to abide by our Articles and CCR's.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 12, 2022

If you have brought it to the attention of the Board and nothing has been done, then I would contact a lawyer in your area to review your matter and perhaps write a letter to the Board/management company asking for a reversal of the late charges. Since there's probably more than 1 affected... Read more »

2 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: My ex husband never took me off the house as was court ordered. It’s about to foreclose. Can I file bankruptcy ?

If I file bankruptcy will this free me completely from the debt of the house? it’s going to foreclose and he is trying to get me to agree to put all the debt on the back of the loan. My ex is in another state (oregon) I haven’t lived in the home in over 5 years. I know he is in contempt for... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 4, 2022

I think you are correct in being pro-active.

You need to consult a lawyer in Texas who does bankruptcy. You don't say where the house is, what your interest is, nor any detail necessary for complete advice.

Don't wait for someone else to do what you can cure in one...
Read more »

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1 Answer | Asked in Real Estate Law for Texas on
Q: Does a mortgage re-modification filed after a quit claim deed, invalidate the quit claim deed?

I filed a quit claim deed in 2019 since my partner was in a situation of losing the house. In 2021, my partner had to do a mortgage re-modification. Does that re-modification null and void the previously signed quit claim deed?

Anthony M. Avery
Anthony M. Avery answered on Dec 30, 2021

If the deed was not recorded prior to the mortgage, then the creditor mortgagee prevails. over a deeded grantee. If the recorded deed removed the mortgagee's interest, then the mortgage is not a secured lien against the property, only a note exists the notemaker.

1 Answer | Asked in Real Estate Law for Texas on
Q: can there be a breach of contract after closing? And who enforces the contract after closing?

There was an addendum regarding "Seller will construct an agricultural type fence between properties within 6 months after closing" but what happens if seller doesn't put the fence up. Is that a breach of contract?

Anthony M. Avery
Anthony M. Avery answered on Dec 29, 2021

It probably is a Breach of the Contract, but it does not mean much unless it is enforced in Court. It appears that the Boundary is in definite jeopardy and Acquiescence to some Boundary, if not Adverse Possession of a large area, will occur with time.

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: We need help knowing if we own mineral rights to property that we inherited recently. We are in the process of selling

I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way... Read more »

Aimee Hess
Aimee Hess answered on Dec 18, 2021

Whether or not you own the mineral rights depends not just on the language of your mother's deed, but by the history of the mineral ownership as shown in the county deed records. The only way to determine if your mother received mineral rights when she bought the property is to have a mineral... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Texas on
Q: Harris County TX.non-relative squatting in Deceased Parents house.How can I kick him out & Charge back rent?

Mother died 2019. No will or executor of the estate.

I started Probate (June 2020) on her estate because of the obvious fraud and concealment taking place by Stepdad.

Stepdad died in August 2021. So far the probate has gone nowhere, because the attorney I hired was either... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 16, 2021

The status of the probate case is not clear, but before anyone can do anything with the house, two things have to happen: 1) There must be someone appointed to represent the estate - if there's no will, that means you need an administrator appointed. 2) The administrator would have the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Days before closing found out seller doesnt own home. I paid EM, inspect, apprasl, now survey due. Can I place lein?
Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

Your cause of action is contract breach, fraud, etc. against the alleged seller, not the titled land owner. If you get a judgment, then you can file a lien against him and his property, not the land you thought you were buying. Hire a competent TX attorney now.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Texas on
Q: I had an an attorney send me a demand letter stating I had 3 days to give them money

So details ( I’m not delinquent on rent) I have a friend who had kidney disease and was on dialysis. He couldn’t work and was on his death bed. I took him in and made sure he went to his appointments and he was on disability but it barely covered anything. His dialysis clinic let him know of a... Read more »

Teri A. Walter
Teri A. Walter answered on Dec 13, 2021

Your rights are limited to the terms of the lease you signed. The fact that the manager may know that your friend is there doesn't change the terms of the lease.

1 Answer | Asked in Real Estate Law for Texas on
Q: Thank You, She refuses to show me the Will and it is not registered at the courthouse. I’m trying to prepare.
John Cucci Jr.
John Cucci Jr. answered on Dec 9, 2021

I believe this is the 2nd part of an earlier question.

If so, you can force her hand by sending her a certified letter demanding the Will. Like I said earlier, even if it does give 1/2 to her, you get to live in the house until you pass-away, or get re-married.

It sounds like she is...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My late husband left his half of the house to my daughter and I'm concerned about her forcing me to sell.
John Cucci Jr.
John Cucci Jr. answered on Dec 9, 2021

I assume when you said your late husband left his half of the house to your daughter, I assume it was done so with a Will. I would like to see the Will to give accurate advise. However, If you and your husband bought the property during your marriage, you can rest easy as you will get to use the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I file a claim against the property owner for damages due to a fire, which has left me homeless??
John Cucci Jr.
John Cucci Jr. answered on Dec 8, 2021

Your question leaves me with a lot more questions.

I assume you were the tenant at a property. I also assume there was a lease. If so, then the lease may have covered this issue and usually rules the situation.

If not, and you are saying that the fire and damage was caused by...
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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for Texas on
Q: My husband has early onset Alzheimer's, he is 71 and I am 69. I own property gifted to me as my seperate property.

Can I file transfer on death deed to my children, possibly as a Medicaid asset protection trust devise if he has to go to nursing home?

John Cucci Jr.
John Cucci Jr. answered on Dec 7, 2021

There are a few different ways to handle your issue. The simplest is a "Life Estate" where you deed the property back to yourself for the remainder of your life, then it automatically goes to the person you wish to obtain the property after you die.

This is great if you have a low...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Signed a lease, paid deposit and fees. Unit was to be ready on 1/15. Now they say the current people are not moving,

They don't have another unit in my price range and they are telling me I am out of luck and to call a lawyer. I now have 13 days to move and nowhere to go. Should they offer me a unit at the same rate as the lease I signed if available? They took my money and I have a signed lease.

John Cucci Jr.
John Cucci Jr. answered on Dec 2, 2021

Sorry to hear your problem.

For starters, you can not force the LL to give you a unit. However, the LL has breached the agreement you had. Do you have a written lease? If so, look for a section about performance or non-performance or breach. The recourse that is/are available to you might...
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1 Answer | Asked in Real Estate Law for Texas on
Q: I was purchasing some land from a neighbor. We both signed a agreement with address and price but no payment arrangemen

I got half of the agreed price payed off and he transfered ownership into someone else's name.

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

You may have a claim to to title based on the agreement, and partial performance. Talk to a lawyer in your area and bring the agreement, and your records of payment.

1 Answer | Asked in Contracts, Criminal Law, Family Law and Real Estate Law for Texas on
Q: Ohk. 5years I've been with Matthew in total. First 2 years we lived in the same house as his grandparents.

I claimed they had mold, they told me I had to get a mental evaluation or I'd be evicted I knew I wasn't crazy refused and was evicted. Shortly later I was let back into the residence. For about another year I was called crazy this and that so went to FL. For mental rehabilitation. So... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 1, 2021

Well, here's the problem. You haven't asked a question or sought any legal analysis from us. I really don't like to assume that I can read your mind and determine what is is you want to know. However, if you want to know whether you can be kicked out of this residence, then the... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: My neighbor connected their water utilities to my water meter, what can I do?

I purchased a vacant lot that has a water meter on it. I'll call my property lot 1. That water meter was listed with the city for both lots 1 and lot 2 since the previous owner owned both lots, the water meter is physically on my property. However lots 1&2 are now owned by different people... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 19, 2021

It sounds like you have a trespass claim against your neighbor, and damages from any unrepaired trench on the property, as well as the cost of providing water to your neighbor, and possibly for the cost of installing a new water line and meter. Depending on the circumstances and expense, there may... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I've been dealing with my landlord for nearly 4 months to get rid of mold in the house. Can I start to withhold my rent?
John Cucci Jr.
John Cucci Jr. answered on Nov 10, 2021

Each landlord has different leases. Each lease has its own language and the lease rules on most issues, including habitability to some extent. Texas Property Code section 92.056, explains the terms and conditions that a landlord and tenant may agree to, regarding the health and safety of the... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Question about a deed conveying ownership of a landlocked portion of property.

A deed conveying ownership of a landlocked portion of property ends with this statement:

"The Grantor herein reserves any and all abutter's rights including access rights appurtenant to the property herein conveyed to a controlled access freeway provided that such property... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 10, 2021

That sounds like an express Declaration of Easement that would otherwise be an Easement By Implication if the Grantor owns the servient lands where the ROW would traverse. A title search may disclose recorded easements on several tracts in that area. It may also be ultimately unenforceable for... Read more »

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