Texas lenders secure their loans in real estate transactions with a deed of trust. The deed of trust serves as a security instrument allowing the lender to foreclose on the buyer and force a sale of the property to pay off the borrower’s remaining debt. For most situations where a buyer falls behind on payment, […]
Author: Philip Silberman
Easement in Gross vs. Appurtenant
Easements are generally defined as the right to use another person’s land in a certain manner. Once an easement is established, either by express grant, prescription, estoppel or implication, one of two types of easements is created: an easement in gross or an easement appurtenant. The primary difference between these two types of easements is […]
Waiving Deed Restrictions in Texas
Imagine this: You buy some property in a community with the intention of using the property for a purpose other than as your home. Maybe you want to list the property on AirBNB/VRBO, or rent it out directly for short periods of time. Maybe you would like to open a business, like running a small […]
Forming a Series LLC in Texas
Let’s say you are starting up a new business or want to start buying up investment properties and you are considering forming a Limited Liability Company (LLC). Perhaps in your initial research, you come across the term “Series LLC” and wonder if this is the right entity for your business or investments. A Refresher on […]
Can an HOA Amend Restrictions To Prohibit Short Term Rentals?
So, you become interested in renting out your home with services such as AirBNB and VRBO as a short-term lease option. You carefully review the existing CCR’s on your property, and make sure you can move forward. You begin renting out your home while you’re away. And then, all of a sudden, you receive notice […]
Calculating Damages for Wrongful Death of a Pet in Texas
For many Texans, a treasured pet is loved like a friend, companion, or even a child. The term “fur baby” has become a widely known and used term of endearment for the cats, dogs and other animals we keep and love as our own. The death of a pet can be devastating to any pet […]
Collecting on a Judgment in Texas
So, you’ve successfully obtained an official judgment from a court of law in the State of Texas that entitles you to receive payment from another party to a lawsuit. Well, now what? How do you get the money you’re owed? Why does your debtor refuse to pay you? What is this piece of paper even […]
Calculating Damages For Destruction to Land and Trees in Texas
It is no secret that many Texans have a love affair with their land. This may include the trees that grow on this land. It is quite possible you bought the land your home sits on because of a beautiful 100-year-old giant oak trees that inhabit it. These trees add value to your land that […]
Texas “Head Shop” Laws Since Recent Hemp Legislation
Whether intentionally or not, the Texas legislature instituted momentous changes to the legal status of CBD and hemp-based products with the passing of House Bill 1325 in 2019. Since the passing of that bill, a considerable number of businesses selling newly legal CBD, hemp, Delta-8, and associated products have entered the market, and Texas regulatory […]
LLC Citizenship and Diversity Jurisdiction
Establishing Citizenship for Purposes of Diversity Jurisdiction Diversity jurisdiction is one of two methods for a federal court to have subject-matter jurisdiction over a case. If a defendant wants to remove its state case to federal court, unless federal question jurisdiction is established, the defendant will be required to show diversity jurisdiction. Diversity jurisdiction has […]