The real estate broker that sold the house has not responded to my emails or phone calls.
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answered on Jul 3, 2023
Assuming your lien was perfected against the property and is still enforceable, hire an attorney that knows real property litigation to collect on it. Make a demand letter on the present owner which should get him stirred up. Hopefully there was title insurance, to pay you. Realtor has nothing... View More 
The real estate broker that sold the house has not responded to my emails or phone calls.
answered on Jul 5, 2023
The real estate broker is not the appropriate person to contact. You need to contact the escrow agent who handled the closing. Typically, this is an employee of a title company. Bonding around liens at closing is a common practice, so you may have a claim against a bond. The escrow agent also... View More
My ex husband and I split after DV and the house is empty. He refuses to pay for it or sell it because per divorce I get $50,000. Now the mortgage company is suing me for the house. When I've been begging him to sell it instead of ruining my credit. He continues to refuse. What can I do
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answered on Jul 2, 2023
This question has divorce issues and real estate issues.
The first move is to review the divorce settlement order to see if there is any recourse you can take to sell the property or force a sale. If it is not written or prohibited, you can file a partition or other real estate lawsuit to... View More
I bought a house last year. I had a home and termite inspection. The inspection showed no activity or prior activity of termites. The Seller's disclosure said no prior treatment, no previous termites, and no current activity of termites. In May, I saw dead termites in my house. I had a termite... View More
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answered on Jun 23, 2023
It sounds like you have more of a claim against both your inspectors who each failed to notice the bait stations around the house and the sticker in the electric box. However, even if you have a claim against either inspector, it will likely be limited to the cost of the inspection (which is what... View More
A divorce decree left property to my sibling and I in the event of my fathers death. He passed last year. My sibling, who still lived on the property, passed last week. I found a lady bird deed signed by my dad, to my sibling for the property. Is the lady bird deed legal since there were already... View More
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answered on Jun 21, 2023
If the Deed was recorded before the entry of the Divorce Decree, then it was valid notice of title to the world. Apparently the Deed was not between the divorcing parties, so it was not a conveyance between them, effective without recording. The Deed had to have been delivered also to the grantee,... View More
We are trying to sale land owned by my Mother who passed away in 2007. The Will was probated & my brother is the Independent Executor. The siblings are ok with this decision. The title company said he cant sale the property as an Independent because the Probate was back in 2007. Is this true?
answered on Jun 13, 2023
It would be extremely unusual for a probate case from 2007 to still be open. When a probate case is closed, the independent executor no longer has authority to take any action.
In your situation, it would typically be the heirs who inherited the land from your mother who would be selling... View More
Can I sell my property and not loose my disability?
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answered on Jul 10, 2023
Generally, receiving disability benefits shouldn't be affected by selling your property. Disability benefits are typically based on factors such as your medical condition and ability to work, rather than your assets or property ownership. However, it's essential to consult with a... View More
He is an investor, he has renter's in the property. Also, running a business, I would like to hire an attorney that can help me get this resolved.
answered on Jun 9, 2023
You should consult with a real estate litigation attorney in or near the county where the property is located. While a single family dwelling restriction does not prohibit the owner from converting a garage into a living space or renting the property out, it does prevent the owner from converting... View More
The HOA has been called and it's turned into a big project of taking the whole living room wall needs to be redone for both water damage and termites and it has spread to the bathroom and the closet. They refused to put us in a hotel making us out to be bad for calling the HOA when the leak... View More
answered on Jun 7, 2023
It's odd that an HOA is involved with repairs to an apartment. Typically, the management company managing the apartment complex would be responsible for repairs to leaky plumbing and a tenant would contact his/her renter's insurance company to handle any claim associated with water... View More
Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take... View More
answered on Jun 6, 2023
As an heir of your wife you should hire an attorney to appear on your behalf in the probate court. Since you attempted to pay the mortgage, and the administrator didn't accept the money, one would assume you have that money available now to pay the past due amount and stave off the... View More
I was divorced a while back and was told I could not get any lien. I am seeing other wise now.
Can I file for an owelty lien on my own?
What do I need in order to file one? Such as a form and or my divorce decree?
If I do one, how long does it take to go into effect?
answered on May 31, 2023
An owelty lien is placed on real property at the time of divorce, not after.
A competent divorce lawyer would always place one if one spouse is awarded ownership of real property but is required to pay the other spouse money for his/her interest in the property.
If your divorce... View More
Am I entitled to heirship if they never filed a survorship
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answered on May 30, 2023
If your question is whether or not, you may have an interest in the property that was owned by your dad, I would have to see the deed from which he received his ownership rights.
Nevertheless, If your dad and his wife lived at the property, while married, she probably has the right to live... View More
I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't... View More
answered on May 30, 2023
The title company should withhold the money from the purchase price at the time of sale and send it to you.
You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed... View More
Water leakage, sewer issues, window casings cracking out. All documented emails, pictures and work done so far.
answered on May 24, 2023
Common defendants in such a lawsuit include the builder, the soils engineer, the foundation design engineer, the foundation subcontractor who built the foundation, and the landscape design engineer who designed the landscaping.
It really depends upon what your structural engineer expert... View More
Trying to sell personal home to investor real estate.
answered on May 17, 2023
The options depend primarily on the type of lien, which I cannot determine from your question. If it's a judgment lien, there is a form affidavit you can complete stating that the property is your homestead, and therefore the lien does not attach to the property. If it's a tax lien,... View More
Seller failed to disclose previous known water penetration not due to flooding on Sellers disclosure, resulting in a $145,000 insurance claim, that was rewarded.
Seller apparently told my agent who failed to tell me. I found out through my own insurance agent after being asked a few... View More
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answered on May 14, 2023
I would have to see the contract you signed to give you solid advice.
Nevertheless, Notice of problems with the house and defects is required by the seller. However, sometimes, even though seller signed a disclosure, they can escape liability, where the contract says buyer takes property... View More
Front yards can the law of adverse
Possession be used?
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answered on May 12, 2023
Your question is a bit vague. However, The law of adverse possession has a 10-year rule when your claim is against a private person or company. The rule is 30-years for an adverse claim against a government or municipality.
There are strict rules with an adverse possession claim. One of... View More
My cousin sold me their house, which included an easement through their mother's property. They installed a driveway to ease driving. The mother's property was then lost due to taxes and my neighbor acquired the property. I wanted to know if the driveway is owned by me, or does the... View More
answered on May 10, 2023
Concrete flat work like a driveway becomes a part of the land itself. Whoever owns the land, owns the driveway.
But the rights of a landowner are subject to the rights of the holder of the easement. The easement itself is the dominant estate and the landowner’s property interest is... View More
I've done searches in TCAD in my neighborhood and I see bigger lots in gated community, some with lake view have not been increased and in some instances have gone down. I can put the document together. I just need someone to represent me in my protest.
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answered on May 4, 2023
The increase you posted is unbelievable!
In Travis County you have a deadline of May 15, 2023, to protest and challenge your appraised value and taxable values. You can do it yourself or hire a lawyer like myself or other professional. The process is not very long and the county does meet... View More
My husband and I built our home 5 years ago in 2017. The home builder is still expanding and building homes. A couple bought a home in our neighborhood in 2021 and we received mail from the home builder with our address but their names on it. I found the couple on Facebook and let them know that... View More
answered on May 4, 2023
It is legal for a builder to send a spreadsheet to the appraisal office, but it is also meaningless.
The owners whose names appear on the actual deed are the legal owners of the property and are the people responsible to pay the property taxes on the property.
The appraisal office... View More
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