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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,737 total


  • Need help understanding warranty deed statement/language

    This statement is on my warranty deed, can you please explain to me what it means..... SUBJECT, HOWEVER, to the following: (1) Any and all reservations of oil, gas and minerals, exceptions, covenants, conditions and restrictions contai...

    Cheryl’s Answer

    Actually language is for the Seller's benefit. You may want to hire an attorney to prepare a proper deed to protect your interests.

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  • What action, procedure or paper work is required in Texas to sell a SFR (conveying title) under the following circumstances:

    1. The owner (a single person) died several years ago. (but left a will) 2. The executor of the will has not and in all probabilities will not be probating the will due to lack of funds. 3. All 5 heirs are still living.

    Cheryl’s Answer

    You could probably convey using an Affidavit of Heirship. Check with the title company and see if they will accept this in lieu of probate. Best of luck.

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  • Can a person do a background check on someone that is buying your home through owner finance?

    We own our own home and we are requiring 20% down so therefore we have to be the first mortgagee. What is the site that you need to get on? This is in the state of Texas.

    Cheryl’s Answer

    Yes. With the buyer's/tenant's permission. TransUnion offers a service at www.mysmartmove.com. Best of luck.

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  • Real Estate question owning a Condo

    My Condo is protected by a Group Master Policy / Condominiums Association . I was told that I have to have a personal property insurance also. Do I have to have one? I cant afford one right now. Thanks

    Cheryl’s Answer

    Personal property and interior policies don't cost much. If your condo is destroyed by fire, you probably won't get anything installed beyond the studs, so you really need this policy. Shop around.

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  • What action can be taken when you are required to pay Homeowners dues to the developer and refused to give members roster.

    Association will not provide account ledger on account.

    Cheryl’s Answer

    They are not required to give you an account ledger and if they do so, may be in violation of the members' privacy rights. If you want the information, become a member of the board and participate in the management.

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  • Grandparents bought a piece of farmland with house lot, verbally gave it to me, do I legally own it?

    When I was a child my grandparents bought 160 acres and verbally gave me the houselot. When they purchased it, they put my dad and aunts name on the deed. In 2010 after I got out of the Navy, I decided it was time to build a house. However, my gra...

    Cheryl’s Answer

    If you contributed "sweat equity" into the property, or had detrimental reliance on your ownership, you may have some type of interest. You need to go over the specific facts with an attorney to see if you have a case. Best of luck.

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  • Can a person check to see if a person is legitate when they are purchasing your property in Texas?

    FOR SALE: 3-2-2, Brick home. $99,500. Owner financed. $20,000-30,000 down. Call: This was the ad. The gal that is buying our home does not call us first. She sees it on craigslist. Goes into our neighborhood and figures out from the picture on ...

    Cheryl’s Answer

    You already signed the contract and if you don't perform, you could be deemed in default. Immediately find a local attorney or, at the very least, a broker (I have worked with a good broker in Red Oak named Debbye (Deborah) Wallace - maybe she won't charge too much to act as a consultant). You can, at the very least, require an application to be completed by the buyer with social security, driver's license, and banking information, so you can pursue payment if she defaults. Best of luck.

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  • Is it possible to file a complaint against a security officer on our property?

    Since & prior to HOA's recent attempt to foreclose on my home, they've increased their practice of denying me services that I "pay for" and am entitled to. One of such service is the use of our security officer, which I've been denied for quite so...

    Cheryl’s Answer

    First, contact the management company and tell them in writing what has been done to you and copy the board of directors. Management company is responsible for the security officer. Then, if nothing is done, complain to the board of directors. File a complaint against management company and board of directors if you still suffer as a result of punitive actions.

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  • How do you stop the development of an apartment building being developed on top of existing parking garage that's nonconforming?

    The existing parking garage is 20 years old and includes more than 200 parking spaces that are non-compliant based on length, width, and located too close to support columns. The garage includes driving aisles that are 4' too narrow and two-way tu...

    Cheryl’s Answer

    I would make an appointment with a city planner to make sure that your facts are correct. If this development adversely impacts you, contact a real estate litigator and file a lawsuit. Best of luck.

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  • Does our Texas Homeowner's Association need to incorporate?

    I was recently elected as the head of a small HOA in East Texas (only 5 homes). We've been an unincorporated HOA since formation in 1985. Is there any compelling reason to incorporate? Does the immunity from liability provided to officers and dir...

    Cheryl’s Answer

    • Selected as best answer

    Anyone could be sued. Incorporating won't shelter any of you from a suit if one is filed and you are also named individually. There is no blanket assurance by law that removes liability. What I would do is purchase a small directors and officers insurance policy.

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