Texas Residential Real Estate Legal Questions

Since you are neighbors, I suggest making a major effort to get an agreed solution.  You have two professionals that did the measuring for their respective clients. One of them is wrong -- or they both are a little wrong. We do not know. You and your neighbor should meet together with the two appraisers and explain the problem.  I think they will work together to figure it out-- and it probably will be at their expense --this would be part of the agreement.. Should this not work there are other options such as litigation -- but they will all be hard on both the bank account and on the relationship!! This problem needs to be done while the facts are clear, as it will complicate future sale of the property years from now.... Read More

You need to file a suit to quiet title. The unreleased lien on your home is preventing you from being able to sell your house and is placing a cloud on your title. You need to file a suit to quiet title that explains when you bought the house, when the lien was attached to your property, and the date the lien was satisfied. If you have any satisfaction of lien documentation, you need to attach that to the petition as well. Also, you should mention that the company was liquidated and dissolved in bankruptcy and as such there is no further obligation. ... Read More

Texas is a community property state, so even though you bought your house before you married your husband, he effectively became the co-owner of the house upon your marriage because any money he may have contributed to payments, upkeep, etc. would be his contribution to the home and thus community property. The house began as your separate property because you bought it before you married, but the moment your husband began contributing to the household, he gained an interest in the home. The house purchased in 2004 is more straightforward because you purchased that home during your marriage. In any case, your husband would need to sign on the closing documents for either house because those houses are a part of your community property as a married couple. ... Read More

You may have a claim aginst the inspection company for negligence because they should have seen and recognized potential hail damage during the initial inspection before you purchased the house. Also, you may have a DTPA claim against them because you relied on their inspection of the house when deciding to close on the home. Had the damage been identified by them, you may not have gone through with the sale. ... Read More

You have 20 days from the date that you were served. Your answer will be due on the Monday after the 20th day of your service. You want to make sure to file an answer before the deadline, otherwise the Homeowners association will be entitled to a default judgment against you. Were you given a deadline for the repairs to be made before the suit was filed? If you are not in arrears for dues, are you being sued for being out of compliance with the HOA requirements? More information would be helpful here. In any case, please consider hiring an attorney to defend against this lawsuit.   For more information, please contact Kimberly Moss, Esq. at 713-574-8626... Read More

Is your brother-in-law still alive? If he is, you may be able to buy the property from him. All you need is for him to issue a deed from him to you, transferring his interest in the property. If that doesn't work, you could allow the property taxes to go delinquent, which would result in the property being sold at auction, and you could purchase the property from the county and get a sheriff's deed in your name. You have a few options, but it's hard to tell without more information. For more information about what I do and how I may be able to help, please visit: http://mosslawhouston.com/houstonoil-gas/... Read More

If your father is living, he will have to sign the deed.  He may wish to reserve a life estate in the property so he can use it while he is living.   If your father is deceased it will be necessary to have a probate proceeding to transfer title.  the issue of who will take title will be determined by his will, if he has one; or, by the laws of descent and distribution of the state of Texas (I assume the property is located in Texas).   I hope this helps.   Russel L. Robinson... Read More

Issues concerning the term of the lease, and how and when the rent may be increased are contained in the lease agreement.  That applies both to the tenant and the landlord.  Check your lease agreement and see what it says about your situation.    If the lease does not expressly address these issues each party is entitled to advance notice based on how the rent is paid.  E.g., if you pay monthly you should give one month's notice  that you intend to vacate.  If the landlord wants to raise the rent he should give you one month's notice.I hope this helps.   Russel L. Robinson... Read More