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Richard Scott Alagood

Richard Alagood’s Answers

12 total


  • If I have unlimited power of attorney over my dad can I sign his warranty deed to myself

    my dad gave me a quit claim deed and unlimited power of attorney over him to claim his property he left me in his will I think my sister may have gotten him to change his will but I still have the power of attorney at this time do I need to sign ...

    Richard’s Answer

    If you are the attorney-in-fact of your father, you owe him a fiduciary duty to act in his best interest and not your own. As such, your conveyance of property to yourself under a POA of which you are the attorney-in-fact may very well subject you to future litigation over whether or not you fulfilled your fiduciary duty, and any transaction in which you have engaged in self-dealing in breach of such duty may be overturned. If your father wants you to have the real property and not your sister, then unless there is a legitimate reason not to, your father should actually deed the property to you (or make sure that his will leaves the property to you) in a manner which clearly shows that the transaction actually forms the basis of his individual intent. Be very careful. I would suggest seeking the advice of legal counsel before doing anything under the POA that could be attacked in the future.

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  • DOES A QUIT CLAIM DEED OVER RIDE LAND PASSED IN A WILL

    MY FATHER GAVE ME A QUIT CLAIM DEED FOR HIS PROPERTY HE OWNS 100% OF HIS PROPERTY . IF I CLAIM HIS PROPERTY WITH A QUIT CLAIM DEED MADE AND SIGNED BY HIM AND HE LEAVES HIS PROPERTY TO ANOTHER PARTY IN HIS WILL DO THEY HAVE ANY CLAIM TO IT IF I CLA...

    Richard’s Answer

    It depends on the particular fact situation. There are instances where a quitclaim will convey your father's interest in real property. However, there are many others where his interest, if any, may not be conveyed through the use of a quitclaim. Quitclaims are not favored in Texas, and unless there is a legitimate reason not to use a Deed, such as a Warranty Deed, Special Warranty Deed, or Deed without Warranty, I would be careful in using a quitlclaim to transfer title to real estate. Please feel free to visit our firm website and you can review an article I prepared on this issue under "Articles/News" at www.dentonlaw.com. If we can assist you, just let us know. Thanks.

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  • Is this considered commercial or residential?

    I'm a subcontractor who performed work at an apartment complex and I want to file a lien but the lien process is very clear about any errors, so I want to make sure I file it correctly. Should I file as a residential project or commercial??

    Richard’s Answer

    It depends on who you did the work for. If you did it for a Tenant, then the lien would be considered residential. In that instance, your lien claim would only attach to the Tenant's interest in the property, that being a leasehold interest. Once the lease terminates, so does your lien claim. If you performed work for the apartment complex owner, manager, or other agent, then it would be considered a commercial claim. If you are unsure, then I'd suggest with complying with all residential homestead requirements. That way you are covered no matter what the nature of the property is ultimately determined to be. I will say, in my experience, that most lay persons find it difficult to properly file mechanic's liens without the assistance of qualified legal counsel. Therefore, my advice would be to find a qualified real estate attorney to assist you if your claim is significant enough to justify the cost. Good luck.

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  • My 6 plex apt burned to the ground. 5 units were occupied. 2 Tenants jumped from second floor and one fractured both hills.

    Please advice how do I proceed with commercial insurance claim, and Do I need to hire an attorney to protect ourselves. The 6 plex is in my wife's name with no lean. Regards

    Richard’s Answer

    I concur with the preceding opinion. You'll need to get a copy of your insurance policy. Also, the policy will require that certain notice be provided to the insurance company before you take any action to resolve any claims. It's important that the terms contained in the policy be followed. Contact with the insurance carrier should be made quickly. If you don't feel like you can handle it, then hiring an attorney may be helpful in ensuring compliance with the policy terms, and in answering any questions about the claims process that may arise.

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  • Can a roofing contractor file an illegal lean on my property because i did not give him the job.

    the roofer and the multiple roofing contractors that i saw was told ahead of time that the estimate had to be free and submitted in the form of a bid. they would have to have the money to complete the job which would be over 200000 dollars and in...

    Richard’s Answer

    Anyone can physically file a lien claim if they have signed and notarized paperwork and pay the applicable filing fee. The real question is whether or not such party is legally entitled to the lien claim. If the lien filing is "fraudulent", then the filing party may face minimum civil penatlies of $10,000.00 in addition to any other damages caused by the lien filing plus attorney's fees. As always, the proper filing of a lien claim is dependant on numerous factual determinations. Also, just because a lien is not filed properly, doesn't necessarily mean that the lien filing was "fraudulent". If a lien is filed against your property, I would suggest contacting a qualified real estate attorney to discuss the facts in more detail so that you know what rights may be available to you as well as the potential costs which may be incurred in exercising those rights. Hopefully, the contractor will not exercise such a drastic action, particularly if he has not performed any work or provided any materials to your property.

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  • Home foreclosed on in 2008, deed was 'rescinded' in May 2012 because the first foreclosure was done improperly, what can we do?

    We were buying a home in 2007, they foreclosed on the home in 9/08. On May 14th the mortgage company filled for bankruptcy, May 23rd there was a 'rescission of substitue trustee', we were told that meant the deed was put back in our name, we calle...

    Richard’s Answer

    Unfortunately, the answer(s) to these questions are extremely complicated and may involve federal as well as Texas state law. I suggest that you immediately begin contacting attorneys who practice in real estate and bankruptcy law. You can search Lawyers.com and the State Bar of Texas attorney referal service as places to start to look for attorney's who may fit within your budget. Good luck.

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  • How do you sue for fees/costs when you evict a tenant. (Evicted tenant no longer has an address for service)

    I am trying to evict a tenant that has not paid rent for two months, and is now a holdover tenant as his lease expired at the beginning of this month. I have already given him a notice to vacate, but I want to commence proceedings in small claims ...

    Richard’s Answer

    If the lease is written and provides for the recovery of attorney's fees to a prevailing party, then you can recover your reasonable and necessary attorney's fees in the Judgment if you incur those fees and prevail in the suit. If your lease is not written or doesn't have an attorney's fees provision, then take a look at Section 24.006 of the Texas Property Code. However, you must be cautioned that if you send the notice required by Section 24.006 and you do not prevail, then the Tenant may recover his or her reasonable and necessary attorney's fees from you. As far as the address for service of process, take a look at Texas Rules of Civil Procedure 742 and 742a. Unless the Tenant voluntarily vacates the leased premises (which would negate the need to file the eviction), then service generally can be made to the leased premises. The Justice Court has exclusive jurisdiction over eviction suits. You can combine your claims for eviction with past due rents, which typically include late fees. The jurisdictional limits for all amounts sought are limited to $10,000.00 not including prejudgment interest and court costs. However, if you are not familiar with the methods to evict a tenant and the JP staff is not helpful, then you may want to consult directly with an experienced landlord/tenant attorney. Good luck.

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  • Can we get out of a lease under 92.056 or 92.0561?

    Since moving into the apartment for almost a year we have been complaining about the air conditioning not working or freezing up. Really high electric bills etc. We just got an email finally saying it was because when the building was remodeled ...

    Richard’s Answer

    The answer to this question is very fact specific and complicated. Caution should always be taken in attempting to terminate a lease under Section 92.056. Section 92.0561 only relates to a Tenant's ability in certain situations to make repairs and then deduct the cost of such repairs from any rentals owed to the Landlord. Section 92.056 does allow a Tenant to terminate a lease in certain specific situations following multiple notices to the Landlord without any repairs by the Landlord. Care should be taken in complying with the notice provisions contained in the lease and in the applicable section of the Texas Property Code before taking any action to terminate the lease or deducting repair costs from rent. My recommendation is that you seek the advice from a qualified attorney who regularly deals with Residential Leasing before you take any affirmative action to repair and deduct or terminate the Lease.

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  • LIEN ON MY NEW HOUSE BECAUSE BUILDER DO NOT WANT TO PAY THE CONTRACTOR

    One of the contractors wasn't fully paid. He is putting a lien on my house because builder doesn't want to pay. What can I do???

    Richard’s Answer

    There are several things that may assist you, including but not limited to retaining payments otherwise due your contractor under the contract (if allowed), complying with statutory retainage, bonding around the lien, issuing a joint check, demanding release of the lien, and other potentially available remedies depending on your particular circumstances. However, mechanic's lien issues are extremely complicated and always require a full and complete review of all facts, contracts, documents, communications, and other circumstances associated with the construction of your home. I suggest that you seek an immediate consultation with a qualified real estate attorney who handles mechanic's lien issues.

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  • I filed a timely mechanic's lien on a property in Montgomery County, TX. What is my next step to collect?

    The owners are divorced and selling the home. There is a Homestead on the property but they have not lived there since August of 2011. Hence, no Homestead. How do I enforce my lien with them still refusing to pay? The contract was for 25% completi...

    Richard’s Answer

    Filing a lawsuit to foreclose the lien claim in a Court of competent jurisdiction and venue is your next step, if you have a valid lien and are within the statute of limitations. However, there are several issues of concern that must be first addressed, such as whether you have a valid contract which allows you to claim a lien against a homestead, whether you sent all of the required notices, and whether you are a general vs. sub contractor on the project, just to name a few. You should immediatly seek the advice of a qualified real estate/litigation attorney who regualarly deals with Texas mechanic's lien laws. You may also need to have someone review the Ch. 43 of the Texas Business & Commerce Code concerning the Texas Uniform Electronic Transactions Act for dealing with signatures and current case law using the Electronic Transactions Act in conjunction with the Mechanic's Lien Laws. This is an extremely complicated area and there are potentially severe penalties associated with filing a fraudulent lien. That's not to say one way or the other that your lien is fraudulent, as I don't have enough information to made a determination one way or the other. However, you have indicated certain facts which would require further examination of each of the above issues.

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