By William Scazzero | Published April 13, 2016 | Posted in Business Law, Real Estate & Condemnation, Real Estate Law | Comments Off on Lien on Me? Materialmen’s and Mechanic’s and Texas Property Code § 53.160.
Lien on Me? Materialmen’s and Mechanic’s and Texas Property Code § 53.160.
How do you challenge lien claims against your property? Disputes can arise as to the payment for, or performance of services on your home with a contractor. One of the constitutional remedies that a contractor has is to file a lien against your property, claiming you owe them money. If someone has filed a lien Read More
Read MoreStages of Condemnation in Texas
Condemnation in Texas (i.e., Eminent Domain) is a process whereby a State or other entity with the power of Eminent Domain may take all or a part of your property for adequate consideration. The process has three stages. The first stage is informal. In this stage, you are usually contacted by a landman or by Read More
Read MoreWhat Does a Seller’s Disclosure Notice NOT Tell You About the Property?
By Don White Board Certified by the Texas Board of Legal Specialization in both Commercial and Residential Real Estate Law When a Seller offers a home for sale, they are required under the Contract to provide the buyer with a Seller’s Disclosure Notice. This Notice is a disclosure of the Seller’s knowledge of any areas Read More
Read MoreWhat Is One of the Biggest Mistakes a Seller of Real Estate Can Make?
By Don White, Attorney at Law I am constantly amazed that I still see disputes relating to Lease to Own Contracts. In the old days, we called them Contracts for Deed. Apparently the more modern title is Lease to Own or Lease with an Option to Purchase or some similar title. The Texas Legislature has Read More
Read MoreUnderstanding Condemnation
By Don R. White Condemnation sometimes referred to as eminent domain, is the taking of private property, for public use. When these types of actions are initiated, the issues of value/adequate compensation, and whether the land being taken is intended for public use become key. Understanding how condemnation proceedings work is important for landowners, because Read More
Read MoreTaking a Bite out of Your Homeowner’s Association Assessment Lien
By Jeffrey A. Hines Prior to January 1, 2012, when the Texas Residential Property Owners Protection Act became effective, Homeowners Associations (HOAs) were filing liens on their members’ homes for non-payment of annual dues, fees, and assessments, and then selling those homes at foreclosure sales for a fraction of the home’s value. The Texas Legislature Read More
Read MoreIf You Don’t Reserve It, You Lose It!
By Don R. White, Jr. – Attorney at Law This article discusses some unusual aspects of Real Estate Law concerning Mineral Rights. Generally speaking, in a deed, if you as the Seller do not reserve the mineral rights, then the mineral rights pass with the property to the Buyer. In the usual situation we are Read More
Read MoreWhy Does a Lawyer Cost So Much?
Why Does It Have to Cost? I know his brother, you think to yourself as you sit across from the lawyer, wondering why the retainer he just quoted you didn’t seem to include any discount. “And this retainer is no indicator of how much this may ultimately cost,” the lawyers says. What?!? MAY? ULTIMATELY? COST? Read More
Read MoreSeller’s Property Disclosure — It’s the Law
This post will discuss a common area of concern that arises in real estate sales and purchases — seller’s property disclosures. We will address the following questions: What disclosure is required? Why is disclosure required? What happens if I don’t disclose? Who can be liable for disclosure issues? Texas law requires that a seller of Read More
Read MoreCondemnation Through Eminent Domain
By Don R. White Condemnation is the process by which a state, public utility, authorized private entity or federal entity takes private property for a public purpose. In doing so, the government entity exercises the power of Eminent Domain. With this power, a government entity can take ownership of private property if two conditions are met: 1) Read More
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