Texas Real Estate Legal Questions

Using forged documents in a real estate transaction could constitute statutory fraud.  Forgery is a crime.  While title companies are pretty good, recent deed fraud cases in Texas show that they are not perfect.  An individual with sufficient knowledge can skirt the usual processes for identifying potentially fraudulent or forged documents in a real estate transaction.  While it is likely that the homeowners will ultimately be able to successfully defeat any attempted sale without their consent, early intervention will likely cost less and result in less time consumed.  The first step is to let the prospective buyer, any real estate agent, and any title company know about the forged marriage documents and that your ex is trying to sell the home without the permission of the homeowners.... Read More

Hi,  I always suggest any type of deed work be completed by an attorney. Real Property is expensive and real estate law is complex.  A Special Warranty Deed is a type of real estate deed used in property transactions. It's one of several types of deeds used to transfer property ownership, each offering different levels of protection to the buyer. Understanding the specifics of a Special Warranty Deed is important for both buyers and sellers in real estate transactions. Key Features of a Special Warranty Deed: Limited Warranty of Title: The seller of the property, using a Special Warranty Deed, guarantees the title against any defects or encumbrances that may have arisen during their period of ownership only. This is more limited compared to a General Warranty Deed, which guarantees the title against all past defects, regardless of when they arose. Protection for the Buyer: It offers the buyer some level of protection, as the seller is assuring that there have been no issues with the title (like liens or legal claims) during their ownership. Common Use: Often used in commercial property transactions and in cases where the seller has owned the property for a relatively short period of time. It's also common in foreclosure sales and bank-owned property sales. Liability Limitations for the Seller: Sellers prefer Special Warranty Deeds when they are unwilling or unable to vouch for the property's title history prior to their ownership. Risk Factor: For buyers, the risk is higher than with a General Warranty Deed since the protection is only for the seller's tenure. Buyers might not be protected against claims or issues arising before the seller owned the property. When is a Special Warranty Deed Used? Commercial Real Estate Transactions: Often used in commercial transactions where the buyer conducts extensive due diligence. Sales by Estate Executors or Trustees: When the seller hasn't personally held the title and cannot guarantee its entire history. Foreclosure Sales: Typically used in foreclosure sales where the seller (often a bank) only guarantees the title for the period they held it. Investor Sales: When properties are flipped or quickly resold by investors. Importance of Due Diligence For buyers, it's essential to conduct thorough due diligence, often including a comprehensive title search and obtaining title insurance, to protect against any title issues arising from before the seller's ownership period. Legal and Financial Implications Understanding the legal and financial implications of a Special Warranty Deed is crucial. Both buyers and sellers are advised to consult with real estate attorneys to fully understand their rights and responsibilities under this type of deed. In summary, a Special Warranty Deed offers a moderate level of protection to the buyer and is less comprehensive than a General Warranty Deed. It's particularly common in certain types of real estate transactions where the seller cannot or does not want to vouch for the property's entire title history.   The above information does not constitute legal advice and it does not create an attorney client relationship. It is free business information. ... Read More

Being a notary is certainly a plus when seeking a job with a title company or mortgage company.  Those companies typically require certain employees to become notaries to perform exactly the type of services you have experience with.  In fairness, however, notarizing documents is a pretty basic task, so you will most likely want to emphasize your other job skills and experience.  If I were you, I'd look at mortgage companies or title companies looking to hire closers.  Mortgage closers typically earn about $5,000 more per year than title closers, although the workload and job tasks are similar.... Read More

In part, this depends on whether the listing agreement is "open" or "exclusive."  In the current real estate market, "open" listing agreements are quite common.  Under such an agreement, the agent/broker only earns a commission if and when they procure a seller.  In the past, "exclusive" listing agreements were more common.  Under such an agreement, the agent/broker earns a commission if a contract to buy the property is signed during the agreed exclusive listing period.Note that a listing agreement must be signed by both parties, not just by the seller.  You might ask whether the broker has signed the listing agreement yet and, if so, will the broker send you a fully signed copy.  Without a listing date and price, I would expect the answer to be "No" because they are waiting on you to provide the listing price.  That would signal that there is no meeting of the minds on a material term of the listing agreement, i.e. price.  This is a reasonable conclusion because the broker might not be willing to pay the MLS fee to list the property if your proposed price is too high.  If it plays out that way, you can most likely rescind your acceptance of the listing agreement you signed, but which has not yet been signed by the broker, and tell him you do not wish to proceed with listing the property at this time.... Read More

Hello, If the property was purchased during the marriage with community funds, then even if your name is not on the paperwork, you have a legal interest in the property. Therefore, your husband should not be able to sell the property without your approval. However, if the property was purchased during the marriage but with your husband's separate funds (such as from an inheritance or selling a home he owned prior to your marriage) then you would likely not have any interest in the property unless you contributed to payments or payments were made during the marriage with community property (such as his or your earnings from your jobs). If he is insistent on selling the property, you may be able to file for a declaratory judgment having the Court declare that you and he have a community interest in the property. Of course, suing your spouse is often not a sign of a happy and healthy marriage. An attorney can help you determine what legal rights you have based on the specific facts of the property's purchase and the documentation but additional details would certainly be required. Sincerely, James M. Ringel... Read More

Changed the topic area to Real Estate law. This is not a criminal defense issue.   BUT...give her written notice to leave in a week. Then, contact the police and ask that they assist in supervising her move out. If she won't agree to move after being given notice, you can go forward with eviction...but as to how to do that process, contact a real estate / civil attorney.... Read More

Has anyone filed an affidavit of heirship or any type of probate proceeding? You can determine the fair market value of the land through the tax records and research on real estate sites. The amount your sibling pays should be based on the fair market value with each person getting an equal amount for their share of the land. You could agree to accept less, but if you sold the land to an outside person, each of you would get your share (1/3) of the fair market value. Also, you could ask the court to sell the land in a probate proceeding if you all are not able to come to an agreement.... Read More

Depending on who is buying the property, they may accept a deed from all the heirs. The affidavit of heirship and the deed may be enough for the buyer. If the buyer will not accept that, you may have to file a probate for your dad and your mother. The type of probate you file will depend on whether your dad or mother had Wills or not. You need a probate attorney to resolve the issues you discussed.... Read More

You may certainly sell your house without a broker. You can list it on Trulia and other similar sites. Additionally, you can usually find an attorney to provide you a flat fee to deal with the contract and other aspects of the selling process. The cost will be a fraction of that from a broker.... Read More

The oil company is probably trying to make sure that anyone that could have received an interest is signing the interest over to them. Perhaps the probate was not completed. Perhaps there were questions about the will. Perhaps a land-man found something prior to your grandfather's receipt of the minerals that caused a question in the heirship. Perhaps they are merely being extra-cautious. If you have any questions, then you can probably ask a landman. You can see whether they will pay you a little extra money for the extra acreage, but I am unsure of their answer. ... Read More

Generally, no. However, that is not a complete answer. Judgments are simply abstracted and filed with the county clerk. When title is pulled, the title company will pick up the judgment and place it as an exception to title. However, if the subject property is your homestead, then it is not truly an exception to title unless the Constitution allows the judgment to attach to the homestead. (HOA liens, materialmen liens, mortgages, etc. General debts do not attach to the homestead). With that being said, many title companies don't really care. They want to see the judgment settled before insuring title. Sometimes a homestead affidavit will suffice but increasingly it is not enough. Further, title companies are just like any other business. They can generally choose which business to accept and under what terms to accept such business. Therefore, you either have to play by their rules or find another title company that will underwrite the insurance. If this is a problem, then I would encourage you to reach out to an attorney for assistance in either (i) working with the title company or (ii) settling the judgment.... Read More

Generally, you would be required to sign-off on the home so long as you had an interest in the property. There are several different ways about which you may not have had an interest in the property. However, if you and your husband bought the home during your marriage and you did not either sign away your interest or provide him a power of attorney to sign in your stead (your name would probably still need to be on the deed, but he would be able to sign there), then you are probably probably required to sign any deed to grant your particular interest. An exception could be a situation where you previously deeded your interest of the property into a trust of which he was the sole trustee. You should probably speak with an attorney.... Read More

There may not be much that you can do, but it will depend upon a few facts that you have not provided. Timeshares are highly regulated in the State of Texas so there are certain things the companies must do. Also, was the timeshare in Texas or SC, and where did you purchase the timeshare. Those are a couple of important questions that would need to be answered.... Read More

Most leases do not allow a tenant to terminate the lease because s/he found a new job. In that respect, the termination clause could be positive. In specific regards to the deposit, I initially think that it would still need to be either be returned or accounted at the end of the lease in accordance with the law. In regards to the three month's rent, if there are more than three months remaining on the lease, then that could suffice. However, if there are less than three months remaining on the lease, then I am unsure whether the landlord could still collect the three months. One would need to review the specific language.... Read More

This is really a question of your comfort. If she wants to give you the house, then she can. It is possible that some issues could arise around avoiding creditors, but it largely sounds as though she would have those problems anyway. Assuming that you gain a satisfactory level of comfort from the transaction, then you should contact an attorney to do the paperwork.... Read More