A title commitment is a document provided to a buyer and a lender before closing on a property. It identifies the terms and conditions for a title company to provide title insurance as well as any issues, exclusions, or exceptions to coverage. Ultimately, the title commitment offers protection to both buyer and lender if a […]
Author: Philip Silberman
Promissory Estoppel in Texas
Part of contract law, the doctrine of promissory estoppel enables a person or an entity to recover damages which result from relying on a promise that was made and later broken. Promissory estoppel is normally a defensive theory, but its use became a central focus in the case of Frost Crushed Stone Company, Inc., v. […]
Breach of Promissory Notes in Texas
A Promissory Note is a contract between a borrower and a lender. In the note, the borrower promises to repay the loan according to the terms of agreement specified within the note. If the borrower fails to repay the loan according to the agreed terms, the borrower may be liable for breach of note. To […]
Quantum Meruit in Texas
Business contracts exist to protect the rights of the parties involved, especially helpful if a business venture doesn’t go as planned. At times, however, a partnership exists without a formal contract. If all goes well, this informal arrangement creates no issue, but if things go poorly, a party who provides goods or services without a […]
Abstracts of Judgment in Texas
An Abstract of Judgment is a public record, filed after the judgment is made, which details the judgment of a court case. It identifies the losing defendant, also known as the judgment debtor and the winning plaintiff, also known as the judgment creditor. Most importantly, it creates a lien against non-exempt real property and is […]
Texas Writs of Garnishment
Ideally, a debtor will pay what is owed when it is owed, especially when a court order mandates that payment. However, if the person does not repay that debt, the judgment creditor has a right to issue a writ of garnishment. An important means to ensuring that a debtor pays a debt, the writ of […]
Texas Writs of Execution
If a debtor is found by the court to owe money to a creditor, the judgment debtor generally has thirty days to pay the debt. If at that time he or she has not repaid the debt, the judgment creditor has the right to obtain a Writ of Execution. As defined within Tex. R. Civ. […]
The Fundamentals of Oil and Gas Leases in Texas
The oil and gas industry remains a staple of the Texas economy. Property owners who own mineral-rich land often lease the oil and gas rights to a company able to produce those resources. Property owners in turn benefit from a royalty interest in the oil and gas production from the producer (the lessee). The lease […]
Lifetime Trusts for Descendants
Even before children are born, parents worry about how best to care for them. Many forget though that one of the best ways to guarantee a family’s stability is through estate planning, which can provide for children and grandchildren beyond the parents’ lifetimes. For example, a trust offers financial stability to a minor child by […]
The Attorney Ad Litem in Heirship Determinations
When someone dies intestate, without a will, the Texas Estates Code provides guidance about how to determine the heirs of that estate and how to divide the estate. In a previous article, we provided a general outline for determining heirship in Texas. This article focuses more fully on the role of an Attorney Ad Litem […]