At one time or another, a trusted friend or relative might ask you for a personal loan. Lending the money might seem like a good idea if you could attach the lien against the person’s home as security for repayment of the note. It would be reasonable to assume that a personal loan could be […]
Author: Philip Silberman
Cutting Encroaching Limbs from a Neighbor’s Tree
It is common for Texas residents to question whether they have a legal right to remove a neighbor’s tree limbs that hang over their property. Texas law generally allows you to remove encroaching branches, so long as you do not harm the health of the tree. However, an important exception to this general rule arises […]
The Legality of Wholesaling Real Estate in Texas
In the real estate industry, a wholesaler is someone who contracts with a seller to buy a property and then, while still under contract with the seller, assigns the contract to another buyer for a higher price. Essentially, a wholesaler is a middleman that hopes to profit on the spread between the contract price with […]
The Texas Will and Probate Process
Our firm receives a multitude of questions about probating wills in Texas (also known as a testate probate). The purpose of this post is to provide an introduction to the law and legal process surrounding wills. When someone dies with a will, the decedent’s property passes according to instructions in the will. The will must […]
The Big Problem With Buying HOA Foreclosures
Investing in HOA foreclosures to build wealth is a viable strategy. To be successful, you will need a carefully crafted and executed strategy and an understanding of the landscape. For every success story, there are many more who have lost their capital because they did not understand current Texas laws. The number one misunderstanding about […]
Recovering Attorney’s Fees Against an LLC
Can a Person Recover Attorney’s Fees Against an LLC for Breach of Contract in Texas?It might surprise you to know that until recently, the answer was “yes.”Chapter 38 of the Texas Civil Practice and Remedies Code (“Chapter 38”), states that “a person may recover reasonable attorney’s fees from an individual or corporation, in addition to […]
Why it is Almost Never a Good Idea to Use a Quitclaim Deed
Our law firm routinely receives calls from prospective clients wanting a quitclaim deed (often mispronounced “quick claim deed”) prepared. The volume of calls we receive is so astonishing that I am convinced there must be some urban myth that leads the general public to believe a quitclaim deed is the solution for every type of […]
Contracts for Deed in Texas
Contracts for deeds have been popular methods for purchasing real property in Texas for some time. A contract for deed is an agreement between a seller and buyer to purchase real property over a period of time. Typically, the parties sign an agreement that obligates the buyer to make a down payment followed by a […]
Mitigation of Damages For Texas Leases
Defaulting on a lease in Texas is generally never an ideal situation. Breaking or abandoning a residential lease can have many adverse consequences including damage to credit and the inability to enter into a desirable lease in the future. Defaulting on commercial leases can have equally negative effects that could result in judgments against the […]
Suit on Sworn Account
A suit on a sworn account is a procedural tool, as opposed to a cause of action, that allows a party to recover under certain types of accounts. The claim must be brought pursuant to Texas Rule of Civil Procedure 185 and establishes a prima facie right of recovery for the plaintiff. See Williams v. […]