Richard D. Hayes’s Answers

Richard D. Hayes

Denton Land Use / Zoning Attorney.

Contributor Level 11
  1. I am a beneficiary for an elderly friend's home. There is a mortgage & no mortgage insurance. Upon his death, would I be

    Answered about 1 year ago.

    1. Richard D. Hayes
    2. Cheryl Rivera Smith
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    While you will have no personal liability on the debt, you inherit the property subject to the debt. That means if you want to keep the house, you have to make the payments. You should be watching the A&M game!

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  2. Can a warranty deed by filed and given away to someone else while property belongs to me

    Answered 9 months ago.

    1. Richard D. Hayes
    2. Jimmie Lee J. Brown Jr.
    3. Brent Allen Devere
    4. Timothy Rodman
    4 lawyer answers

    Someone can do anything. However, one can not convey title to that which they do not own. If someone without authority signs a deed to another, while it clouds your title, it does transfer title. Recommend you seek immediate assistance from a real estate lawyer.

    7 lawyers agreed with this answer

  3. Real estate documents filing question - pl see additional details

    Answered 10 months ago.

    1. Cheryl Rivera Smith
    2. Richard D. Hayes
    3. John Alvin Hay III
    4. Brent Allen Devere
    4 lawyer answers

    As the deed is written, title is 50/50. Son should sign note and deed of trust. Let real estate lawyer hhelp you.

    7 lawyers agreed with this answer

  4. My parents died intestate in Tx over 10 years ago. 5 sibblings. We each own a 20% undivided interest in back pasture.

    Answered 6 months ago.

    1. Richard D. Hayes
    2. Walter Wilbur Beuhler
    3. Teri A. Walter
    4. Benjamin Kirke Sanchez
    5. Robert Neil Newton
    5 lawyer answers

    The answer is no. All owners have an equal right to use. Laws come from may sources: Constitution, statutes and common law as found in reported cases. This is common law. so there is not a specific statute.

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  5. I have a deed with no warranty. What do I need to do to get a warranty Deed? On my Home

    Answered 10 months ago.

    1. Richard D. Hayes
    2. Cheryl Rivera Smith
    3. Brent Allen Devere
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    There is usually a specific reason that a seller uses a Deed W/O Warranty. Therefore it is unlikely that you would be successful in asking your seller to execute a Warranty Deed. Warranty means 3 things: 1) you are the owner, 2) you have not conveyed to anyone else, and 3 ) the property is free and clear of liens and encumbrances except those disclosed. You should be able to close with a Special Warranty Deed which warrants for the time period you have owned, but not for your predecessors in...

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  6. I own a house free and clear that I am selling. I found a buyer who is ready to buy. We agreed on the sales price.

    Answered 9 months ago.

    1. Richard D. Hayes
    2. Robert Neil Newton
    3. John Russell Devoss
    4. Michael James Caron
    4 lawyer answers

    At a minimum, to begin the process, I suggest there be a contract that sets out the terms of the sale. This will aid the title company in closing the transaction. At closing you will need to execute a Warranty Deed with Vendor's Lien. Buyer will need to execute Real Estate Lien Note and Deed of Trust (deed of trust gives you the right to foreclose if there is a default of the buyer's obligations of payment, insurance, payment of taxes, due on sales violations, etc.). Recommend you seek the...

    6 lawyers agreed with this answer

  7. What issues will my father will face selling or signing over a deed for a house owned by my deceased grandmother?

    Answered 9 months ago.

    1. Richard D. Hayes
    2. Kendall Shane Cockrell
    3. Aaron Christopher Lee
    4. Shann Mohammad Chaudhry
    5. Eric Douglas Days
    5 lawyer answers

    When several generations die w/o Wills and w/o probate, issues arise. You need to immediately go see a real estate or probate attorney. The title can be cleaned up probably with an headship affidavitm

    6 lawyers agreed with this answer

  8. Question on a House that is in the Estate of ********

    Answered 10 months ago.

    1. Richard D. Hayes
    2. Robert Neil Newton
    3. Kendall Shane Cockrell
    3 lawyer answers

    The name the property is currently titled in is not clear to me. What ever name the property is currently titled in, can transfer title. There are a great number of ways for the property to be taken away including failure to pay ad valorem taxes, estate taxes, IRS taxes, judgment liens or other claims. Suggest you document your purchase. Usually this is done with a deed to you and you executing a note and deed of trust back to the estate or your siblings. Meet with an attorney and obtain...

    6 lawyers agreed with this answer

  9. We have a furniture business and a big furniture dealer distributors refuses to sell to us because we are small. Is this legal?

    Answered 9 months ago.

    1. Richard D. Hayes
    2. William Fulton Broemer
    3. Dana Howard Shultz
    3 lawyer answers

    As a general rule they can sell to whom they please unless you are a protected class (race, age, etc.). Propose providing a letter of credit to insure the payment of your account until they become comfortable with your payment record. Alternatively, sell other comparable furniture from a different company. There are many furniture manufacturers. Set a goal to show them what you can do without them and then tell them to jump in the lake when they come knocking.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Shareholder Agreement - Non Compete

    Answered about 1 year ago.

    1. Richard D. Hayes
    2. Brian W. Erikson
    3. Mark Allen Land
    4. William Fulton Broemer
    4 lawyer answers

    Noncompete agreements have been highly litigated in recent years. Take your agreement and meet with an attorney who regularly practices employment law. Some attorneys are Board certified in Employment Law, but there are many excellent attorneys in that practice area. general rules are that the noncompete has to be limited in time, scope and geography. Sounds like the time is limited, but the other 2 are not. The Courts generally have the ability to reform the noncompete and place...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful