The GOP recently revealed a tax plan called the “Tax Cuts and Jobs Act” that outlines proposed changes to the current U.S. tax code. The House Bill includes a plan that would impact the current mortgage interest deduction, property tax deductions and overall standard deduction limit. Currently, homeowners may deduct interest on mortgages of up […]
Author: Philip Silberman
How To Vet Contractors For Harvey Flood Repairs
In the aftermath of Hurricane Harvey, many homeowners are beginning the recovery process and facing the burden of repairing property damage. The White House has estimated that over 100,000 homes were destroyed by Hurricane Harvey. Those who suffered property damage by Harvey will begin the recovery process of looking for alternative living arrangements, contacting insurance […]
Navigating The TREC Complaint Process: A Lawyer’s Perspective
This article will attempt to provide a basic overview and our firm’s overall impression of the first phase of the complaint process with the Texas Real Estate Commission. The initial phase of the complaint process begins with the consumer initiating a complaint and ends with TREC’s determination to pursue disciplinary action against the license holder. […]
Amended Pleadings: The Relation-Back Doctrine in Texas
In litigation, it is common practice to amend pleadings. The relation-back doctrine allows an original pleading to be amended or supplemented with new causes of action so long as the new claim arose out of the same transaction or occurrence. However, issues with amendments can arise when a party argues the statute of limitations has […]
Suing Your HOA: Common Causes of Action in Texas
Many communities have established homeowners’ associations (HOA) that set out specific rules and regulations that all residents must follow. The regulations may specify the color you may paint your home, how long the grass may be, and how many cars may be parked in the driveway and/or street at any time. Residents of that community […]
Misinformation About Claim Deadlines and Insurance Related Harvey Damage
It has been brought to our firm’s attention that there has been quite a bit of misinformation circulated on social media about a purported September 1, 2017 deadline to file claims for damage related to Hurricane Harvey. Additionally, it seems that some of the confusion has been caused by unscrupulous lawyers hoping to capitalize on […]
Terminating a Lease for a Rental Property Damaged by Harvey
Our law firm has received a multitude of Hurricane Harvey related legal questions involving topics such as property damage and residential tenancies. To disseminate information efficiently, we have chosen to address the most common questions through blog and social media posting. This post will discuss the rights of tenants and landlords when a residential property […]
Security Deposit Refund and Accounting in Residential Tenancies
In Texas, landlords are under a strict set of guidelines that must be obeyed regarding security deposit refund and accounting. If a landlord fails to follow the law, severe penalties may be assessed against the landlord.Texas law makes it clear that a landlord has a duty to return the security deposit in full OR provide […]
Ancillary Probates in Texas
Probate is governed by state law, and each state has its own statutes in place to facilitate a probate court proceeding. Estates with assets in more than one jurisdiction may require multiple probate proceedings. Generally, the primary probate proceeding occurs in the state where the decedent was domiciled at the time of death. If the […]
Lis Pendens in Texas
In a pending lawsuit where title or an ownership interest concerning real property is at issue, an interested party may file a lis pendens to notify the public that the real estate is subject to controversy. Lis Pendens is a Latin term that means “a pending lawsuit” and is defined as “a notice, recorded in […]