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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,717 total


  • Illegal eviction

    I have spoke with a lawyer about my situation and was told that I have a very clear case of illegal eviction and that I needed to find someone with more experience in this to represent me.

    Cheryl’s Answer

    If you are a low income tenant, you might qualify for legal services through North Texas Legal Services in Denton. Here is a link to their website. http://www.lanwt.org/

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  • See Details Below

    I want to sell my half of my house to my daughter. Her husband, children, myself & my soon to be ex currently live there & I am moving out. They will continue to live there yet neither can qualify for a loan to buy me out. The plan is for my daugh...

    Cheryl’s Answer

    1. Yes.
    2. Foreclose on her interest, then commence eviction.
    3. Many different options.
    4. You can partition the property, but this involves an expensive lawsuit. Better to have a settlement agreement through the divorce proceedings.

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  • Is a quit claim an answer to this situation?

    A good friend of mine bought my mom's house so she could (a) let mom live there at without increasing her monthly payments and (b) get the house out of my mom's name. I was not in a position to help my mom at the time. So, now my mom has died and ...

    Cheryl’s Answer

    A quit claim deed is NOT the way to go. There may be many options. Please consult and attorney in the area to review the specifics. Some of us offer free initial consultations.

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  • Do I need a Real Estate Attorney to get my money back?

    I tried to buy a house and got to the point of giving earnest money and in the inspection many problems were found. The seller wouldn't fix anything and I decided to back out in the summer of 2014. I have asked for my earnest money back, but hav...

    Cheryl’s Answer

    You can also go to small claims court and, assuming you win, the title company should release the funds to you with a court order in your favor.

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  • How long do i have to hold on to the owners property before i can get rid of it in texas

    In texas

    Cheryl’s Answer

    There is no set rule. If it is just personal property (e.g. boxes left at your house), then I would normally send a certified letter (and the same letter by regular mail) and give them 30 days to pick up. In the letter, I thell them if they fail to pick the property up by the deadline, then it will be disposed of. Be sure and keep a copy of both letters.

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  • I am currently being evicted or kicked out of a transitional living facility

    I am currently being evicted from a transitional living facility for failing an inspection and they said I tested positive for a non prescription drug, but my Dr wrote a letter stating that my medicine could test positive for what I tested positiv...

    Cheryl’s Answer

    This isn't a real estate question. You need to discuss this with a criminal lawyer since it directly is related to your conditions of probation. I am re-classifying the question for you. Best of luck.

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  • Is a Landlord Lease Valid Without the Landlord's Signature? And I have original lease

    I sign a lease for 14 months but I don't see the Manufacture mobile home (mmh) only my wife she saw the MMH, I sent paper for email signed. Today I went and saw the MMH and I changed I don't want the lease. Can I cancel the lease I don't move,...

    Cheryl’s Answer

    You would be obligated, but not your wife. A valid lease does not require both signatures. Try to work something out with the landlord. That is the best options.

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  • Need a letter stating that my husband is illegal and I need to buy a home

    Am buying a home and underwriting is wanting a letter from an immigration lawyer stating that my husband is here illegally and does not have a ss#

    Cheryl’s Answer

    Use the AVVO search function to find a local immigration attorney. You might also try Catholic Charities Immigration Counseling Services on LBJ Freeway east of Central Expressway.

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  • My homeowner's association seems to be overstepping their boundaries. What are my rights?

    I bought a new house with mandatory membership to the fitness facility. I knew fitness membership was mandatory, and did not mind. At closing I paid a hefty initiation fee and the first quarter of membership dues. I then get an "application packe...

    Cheryl’s Answer

    Interesting. I agree with Mr. Lampe, the documents you signed at closing will spell out your rights and obligations regarding this issue.

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  • I just received a 3 day eviction notice for my home what happens if I can't move out within that time. I have a disabled veteran

    husband in my care? I am trying to look for places to move but cannot find any within my budget

    Cheryl’s Answer

    I agree with both of my colleagues. Realistically, you probably have at least 3 weeks before the writ of possession issues and the Sheriff appears at your doorstep. Alternatively, you may be protected by the "Protecting Tenants at Foreclosure Act," but you need to be paying market rent and be current on your payments. This Act will let you stay for at least 90 days if you meet the criteria for protection.

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