The Dawn of State Preemption in Local Real Estate Governance Texas’ House Bill 2127, effective September 1, 2023, represents a seismic shift in the balance of power between state and local governance, particularly in the realm of real estate law. This legislation, aimed at limiting the rulemaking authority of municipalities and counties, essentially prohibits these …
Understanding the Impact of House Bill 2127 on Texas Real Estate Read More »
A New Era for Homeowners and Condominium Owners’ Associations The Texas Legislature’s recent session has ushered in pivotal changes for Homeowners’ Associations (HOAs) and Condominium Owners’ Associations (COAs) in Texas. Effective September 2023, these changes are set to redefine the landscape for property owners and tenants alike. As a law firm deeply vested in real …
Navigating New Horizons: Understanding Texas’ 2023 Changes to HOA and COA Laws Read More »
Texas property owners who have been hounded by their Homeowners Association or its lawyers for unpaid dues, assessments, and fines may wonder whether any consumer protection laws exist to give them legal relief against abusive or harassing HOA debt collection practices. The answer is “yes,” but not all such laws are created equal. The Texas …
Can HOA Dues and Fees Trigger Causes of Action Under the TDCA or the FDCPA in Texas? Read More »
As has been previously discussed, a person can become a life tenant in many situations, whether it be in the form of homestead rights, through a conveyance document, or through inheritance under a will. However, after someone becomes a life tenant, they owe certain duties and responsibilities to those who will have an interest in …
When it comes to buying a home in Texas, traditional financing options like mortgages are common. However, there’s another avenue for purchasing real estate that’s gaining popularity: owner financing. Owner financing, also known as seller financing, offers an alternative route to homeownership that can be particularly attractive to both buyers and sellers. Understanding Owner Financing …
Exploring Owner Financing in Texas: A Homebuyer’s Guide Read More »
According to Texas Property Code Sec. 24.004, the Justice of the Peace courts (commonly referred to as “JP courts” or “Justice Courts) have original jurisdiction to hear cases regarding forcible detainer and forcible entry and detainer suits, more commonly referred to as eviction suits. In the past, we have discussed how jurisdictional issues can appear …
The intersection of blockchain technology and real estate law is a novel yet increasingly relevant field of study. As blockchain continues to show its versatility beyond its origins in cryptocurrency, it holds the potential to revolutionize various industries, including property transactions. This post explores how smart contracts could reshape the real estate landscape in Texas, …
Blockchain and Smart Contracts: Transforming Property Transactions in Texas Read More »
Most of the clients who come to our firm with concerns about their mortgage want to know what could happen to them if they are unable to make their payments, or how best to limit their financial exposure for payments they have already missed. Far fewer approach us with questions about what they should do …
Prepayment of Residential Mortgage Loans in Texas Read More »
Recording in General Some people mistakenly believe that merely having a signed deed is evidence of clear ownership of real property and all that is needed to enforce your claim. Although the process has evolved over time and may vary from state to state, the overwhelming majority of states, if not all of them, stress …
Recently, the Texas legislature considered some bills that, if eventually passed into law, would have major implications for both current and prospective property owners in Texas. One of those bills was considered in the 88th Texas legislative session—S.B. No. 147, a bill particularly concerning for foreign individuals and entities. While the 88th legislative session is …
Understanding S.B. No. 147: Implications for Foreign Property Ownership in Texas Read More »
