Real Estate

6 Types of Real Estate Deeds You Need to Know About

If you’re in need of an attorney, we want you to know that despite the COVID-19 pandemic, our firm is open during regular business hours. We are meeting clients in our office while practicing social distancing, keeping everyone six feet apart and, for the time being, foregoing all handshakes and hugs. If you prefer, we can schedule telephone or video conferences, and we also make off-site appointments. Whatever your preference,...

Shedding the Unwanted Houseguest – A Road Map to Deal with Squatters

“Friends, Relatives, In-laws, lend me your ears.  I have come to bury our relationship, not to praise it.  You need to leave my house now.” Feel free to tweak the foregoing to fit your situation.  Shakespeare most assuredly will not mind. There are few situations more fraught with anxiety than dealing with a houseguest turned squatter.  You might be dealing with an adult child who moves back home for “just a...

What is Asset Based Lending in Real Estate?

A Definition of Asset Based Lending Asset based lending in real estate finance, also referred to as equity based lending, involves extending a loan that is secured by real estate assets. These assets can include commercial, residential and industrial properties, as well as land. For asset based mortgage lenders, the main criteria for loan approval is the value of the real estate, as well as the amount of the down...

Will Force Majeure Provisions Excuse Performance in the COVID-19 Environment?

The COVID-19 pandemic is a once in a lifetime event wreaking havoc on the world’s businesses.  Many businesses have felt its impact, and many more will soon feel the pressure as quarantine efforts stifle economic activity.  As a business owner in this environment, the question of whether to continue to meet your contractual obligations may arise.  Delaying contractual obligations or withdrawing from those obligations altogether can expose you to...

The Pandemic of Lawsuits

Breach of Contract Defenses There is a legal epidemic that is keeping pace with the COVID-19 epidemic:  breach of contract. That includes contracts that are contained in a 100- page document, an e-mail chain, a napkin, or just spoken words.  There are a lot of contracts out there that are getting broken because of the extraordinary events of the last several months. If you are the one doing the breaking, then you...

3 Reasons You Need to Hire a Commercial Real Estate Attorney

Commercial real estate transactions — including buying and selling, leases, and construction — can range from simple to complex. You may be able to manage a more straightforward exchange yourself without the need for assistance from a third party. For more complicated transactions, though, it makes more sense to bring in a commercial real estate attorney. What does a commercial real estate lawyer do? A commercial real estate attorney is a...

How To Get Out of A Timeshare Legally

An Inheritance No One Wants Do you own a timeshare?  My condolences. You have the equivalent of a sticky bomb in your portfolio. A timeshare is typically a condominium located in a vacation area that is subject to an agreement between the owner and a management company.  Some timeshare arrangements allow a buyer to “own” the right to use a various condominiums in several areas at different times of the year.   Texas...

Buying and Selling Commercial Properties with Easements

Buying and Selling Commercial Properties with Easements You’re ready to open the small family diner of your dreams, and you found the perfect spot. Bad news, though—there’s an easement on the property. The boutique next door has been using the lot in the back for overflow parking for years, and if you purchase the property, you have to continue to allow them access. What does this mean for you? If you...

What Is A Transfer on Death Deed (TODD) In Texas?

What Does A Transfer On Death Deed in Texas Do? There is a snappy little document called a “transfer on death deed” that is very much in vogue right now.  You can use it to transfer your real property in Texas upon your death, making it a valuable tool if your estate plan is geared toward avoiding probate. If you are leaping to your computer to download an internet form of...

Living the Life in Texas: Tips for Establishing Domicile

Texas offers its residents several favorable benefits. We do not have an individual income tax, we do not impose an estate or inheritance tax, and we provide extremely generous protection to individuals from creditor claims. To share in this good fortune, you just have to be domiciled within our state.  “Domicile” is a legal term.   It means that you have a true fixed and permanent home and principal establishment in Texas. ...

Joint Ownership and Passage of Title on Death

One of the most common misconceptions married people have about joint ownership of property is that it passes automatically to the survivor on death of the one of the owners. The presumption in Texas is just the opposite. The question is usually presented to me like this: “it was in both our names, so I own it now, right?”  Sorry, but it doesn’t work that way. Here is a typical situation....

Community Property Survivorship Agreements

Some couples find it difficult to agree on anything. Others can agree on almost everything. For those with a penchant for agreeing, consider entering into an Agreement For Right of Survivorship in Community Property. Here is how it works. John and Jane are married and live in Texas. They work hard and during their marriage purchase a lot of property – a house, some bank accounts, furniture, a car or two....
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