Attorney Charles Holt's Legal Cases

Debt collection

Cach, LLC v. My Client

Feb 08, 2010

OUTCOME: Collection suit, after repossession, dismissed.

Plaintiff, creditor, filed suit seeking judgment for the balance owing after repossession and sale of the loan collateral, a motor vehicle. My client, the Defendant, defended on the basis that the sal ... e of the collateral was not held in a commercially reasonable manner as required by law. The Defendant subpoenaed the creditor’s records regarding the account and sale of collateral, and the creditor resisted turning over the requested documents. After a court hearing, the Judge ordered the creditor to produce the records and to pay a portion of Defendant’s attorney fees. The creditor then dismissed its suit against my client and payed part of my client’s attorney fees.

Real estate

The State of Texas v. My Client

Dec 09, 2009

OUTCOME: Land condemnation funds released free of liens.

My clients had pre-existing judgment liens against them and their business when they were notified of a Condemnation action arising from the taking of a portion of their real estate for a new roadway. ... Due to the existence of the judgment liens, my clients were unable to access the funds awarded in the condemnation case. Upon being retained, I prepared and served on each respective judgment creditor my clients’ Homestead Affidavit as Release of Judgment Lien in accordance with the Texas Property Code. Afterward, I had the Affidavit recorded in the Public Records, and then filed a Motion to Release Funds in the condemnation case. The Court granted my Motion to Release the funds awarded to my clients free of the judgment liens.

Real estate

My Clients v. Ciro Rayo, BSM Financial, L.P., et al.

Jul 22, 2008

OUTCOME: Established ownership and clear title to land.

Real estate lawsuit arising from the intended sale of a home and 16 surrounding acres out of a 25 acre tract of land. My clients, the sellers, intended to retain ownership of 9 acres on which they pla ... nned to build a new house. However, the documents used to close the sale of the 16 acres, mistakenly described the entire 25 acre tract. My clients did not learn of the mistake until nearly two years later. At that time they sought help from a local attorney, and the local attorney referred them to me. Although I requested that the purchaser correct the mistake by reconveying title to the 9 acres, he refused. My investigation further revealed that the purchaser’s lender had a lien covering the entire 25 acres! Additionally, the lender had title insurance coverage insuring its lien on the entire 25 acres. On behalf of my clients, suit was filed against the purchaser, the lender, the title insurance company that handled the closing, and the real estate agents. After several months of legal proceedings, the case was settled before trial with the purchaser deeding the 9 acres to my clients, the lender releasing its lien, and with compensation paid to my clients by the other defendants.

Charles Holt's Legal Cases (3)

Cach, LLC v. My Client

The State of Texas v. My Client

My Clients v. Ciro Rayo, BSM Financial, L.P., et al.