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 […]
Category: Real Estate Law
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 […]
Removal of Child Support Liens in Texas
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 […]
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 […]
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 […]