When a person fails to pay child support obligations in Texas, the Attorney General will file a lien in the real property records attempting to encumber any real estate owned by the obligor. The obligor typically discovers any recorded child support liens after receiving a tile commitment in the process of selling real estate.The preliminary […]
Author: Philip Silberman
Closing Dates and Time is of The Essence
There appears to me much confusion surrounding the consequences for buyers and sellers when a closing date specified in an earnest money contract for real property passes without performance.The most common contract used for the sale of residential property in Texas is the TREC promulgated One to Four Family Residential Contract (Resale). Paragraph 9 A […]
Fence Issues in Residential Neighborhoods
Our law firm receives a multitude of calls about fence issues in subdivisions and urban areas. This post will answer a handful of very basic questions and then discuss the more complicated issues of extended encroachment in the context of adverse possession.First, the following are some basics about fences in Texas: If a fence is […]
Constructive Trusts as an Equitable Remedy
Our law firm routinely receives calls from prospective clients complaining that they gave someone money to buy a property and were supposed to receive their money back plus a return at the sale of the property. The prospective clients go on to elaborate that there was no written agreement and their name is nowhere on […]
Entity Formations for TX Small Businesses FAQ
Our firm receives numerous requests from small business owners desiring to form an entity to continue or commence business operations. Some of the frequently asked questions our firm receives are listed below.1) What are the advantages of forming a LLC or corporation entity as opposed to operating as a sole proprietor or partnership?The primary advantage […]
The Problem of “Heir Property” and The Affidavit of Heirship
Chapter 203 of the Estates Code details the effect of an affidavit of heirship in a court proceeding and provides a permissible form of the affidavit. However, chapter 203 is devoid of any practical explanation of when and how these affidavits are commonly used.While there are multiple scenarios when an affidavit of heirship may prove […]
Help! I am Still on the Mortgage
Our law firm commonly gets requests from people complaining that they are still listed on the mortgage and therefore still financially liable for the mortgage payments even after they no longer have any practical connection to the property. These situations usually arise in the context of a previous marriage or previous relationship where people purchased […]