Residential Real Estate Legal Questions

Hi, What you are referring to is a legal concept called adverse possession. In order to for someone to gain title through this process the claim also has to be hostile to that of the owner of the property. If you and your sister are going to allow your step mother to live in the property you should definitely have a contract prepared setting forth the agreement, that way you will be assured that she won't be able to successfully bring a claim for adverse possession down the line. Let me know if you have any further questions or would like my assistance. Thanks,Jon... Read More

I'm really sorry to hear about this -- how disappointing to buy a new house only to find it has some serious problems.  You may have a viable claim against the seller, realtor (if one was involved) and the contractor.  You'd have to look at the sales agreement to verify that you did not waive any important rights and accept the property "as is".  The seller should have also given you a disclosure statement before you bought the house that provided you historical information about the condition of the house.  Best bet would be to give the seller an opportunity to fix the problem at their expense.  If, by a date certain, they do not take you up on that, you should have the problem fixed and then consider filing suit against the seller and request reimbursement of the cost of repairs that you had to pay from your own pocket. ... Read More

Short sales, in my experience, are always tough to get done.  You have to get an offer to buy your home, meet short sale qualification guidelines (often requiring the loan to be in default for some period of time), present a package of materials for approval with the lender or FHA/HUD and wait for the processing time.  Buyers don't want to wait forever for a short sale proposal to be approved and often deals are lost as a result of delays.   Are you certain you won't get an offer sufficient to cover both mortgages?  If you don't, only then do you need to worry about a short sale.  Is your mortgage in default?  Don't let it go into default just to try for a short sale.  If you do have to go the short sale route, there are restrictions on the amount of attorneys fees that can be collected from the sale proceeds.  If the attorney you're talking to is trying to circumvent those restrictions, then I'd say "beware".  ... Read More

There are several ways to go about it. It really depends on what you are trying to accomplish. Most real estate attorneys would be able to help you. It could be a deed, a deed and a deed of trust with a promissory note, some type of executory contract, which is not generally as recommended.... Read More

The answer is mostly found in the terms of your purchase agreement.  There should be a financing contingency that provides you with a fairly clear answer.  Usually these agreements provide that in the event the purchase defaults on the agreement (and I'm not suggesting that you have), that the seller is limited to retaining the earnest money as damages. You cannot be forced to buy the house anyway.  There are also ways of tweaking things to give you "cover" and be able to bail on the deal if you don't like the financing.  Hopefully your lender or attorney has relationships with some lenders who can look at your situation and maybe you can get the conventional financing you hope for. If you need some contact, feel free to contact me. ... Read More

If your rent was not part of the bankruptcy and your bankruptcy attorney has indicated that there is nothing he can do then you are left with only a few choices: Pay the demanded rent Work out a deal with the Landlord for a reduction of the amount owed. Or move and hope that he does not come after for money damages.... Read More

Assuming you have not breached the contract, the buyer has breached the contract, and you have sent written notice of your termination of the contract, then you may pursue other buyers. Be careful, though, because the form residential contracts put forth certain obligations on Sellers that are not always met until the closing. It may not hurt to ask an attorney to review the contract.... Read More

Title insurance normally insures access, but no particular access, unless that particular access is included in the legal description of your property. For example, if the policy insures "Lot 14 Sunnyside Acres", it insures access to the property iun some fashion. If the policy insures "Lot 14 Sunnyside Acres, together with a 20' right of way for ingress and egress as shown on the subdivision plat", then it insures that particular access. If your policy took exception to access, then it is not insured. Get a real estate attorney to review your policy as if access is insured, it should be covered. I do have a concern if you could have made the claim 9 years ago and didn't-there could be a Statute of Limitations issue.   ... Read More

If you dispute the lien and the company is closed you should bring a claim of defective lien in the Court.  This will require serving and officer or owner or the registered agent of the company. Mechanics liens are very technical.  I recommend calling an attorney to discuss this in detail and review the specifics of the notice and lien.  ... Read More

If the title to the land is in her name, it appears that you have been paying her taxes without obtaining any benefit for yourself. You can't obtain land by adverse possession if you are using the land with the permission of the owner. However, you can file a quiet title action and test whether she will dispute your claim of ownership based on the facts of your case. Thanks, Brian ... Read More

Don't dare do what you suggested!  Have a lawyer check the title to make sure there are no unreleased deeds of trust, judgments, unpaid taxes, weird easements, or anything else that would negatively affect the title  to the property. Both siblings need to sign a new lawyer-prepared deed conveying their interest to you.    Pay the money at closing once the new deed is prepared and the title checked.    ... Read More

You cannot garnish wages in Texas for a judgment for failure to pay rent. You can get a writ of execution if the former tenant has any property that is executable. There are some companies that buy judgments. And, there are also collection companies that take a percentage for collection. One of those may be your best option.... Read More