Do I have any legal recourse to collect a debt from an friend if he is offering to pay me 20% interest on a promissory note?
Stuart's answer
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Answered on October 05, 2021
In Texas, 20% exceeds the usury cap. Drop it to 18% and at least you can assert a lawsuit and avoid a usury defense and counterclaim.
Am I obligated to take full payment from a borrower in default after the curing period but before foreclosure has happened?
Stuart's answer
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Answered on October 05, 2021
It's been a long time since I have looked at this, but I believe if you research Texas laws on this point you will find that mortgagors enjoy an...
Does ingress egress on a private road apply to customers of a resort if the owners of the property are not physical there?
Stuart's answer
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Answered on October 05, 2021
Typically, yes, an easement would allow access, ingress, and egress for pedestrians and motor vehicles by all. However, it could also be restricted...
If my name is listed on the Deed of Trust but not the warranty Deed, do I have any ownership in a piece of property?
Stuart's answer
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Answered on October 05, 2021
Deed of Trust = Mortgage. If you signed the DoT, then you are responsible for 100% of the debt, taxes, insurance, maintenance, &tc. If your name is...
Will a junior partial claim lien (deed of trust) survive a first mortgage forclosure?
Stuart's answer
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Answered on October 01, 2021
Typically, most subordinate liens are eradicated by a foreclosure. However, this is not universally true and the senior lender could, for whatever...
Am I allowed to not offer a lease renewal to my tenants?
Stuart's answer
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Answered on October 01, 2021
Suggest you advise Ts that you are no longer willing to communicate by phone or in person, and that all further communications must be in written...
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How am I going to be effected by being told I live in an illegal subdivision?
Stuart's answer
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Answered on October 01, 2021
How are you affected? You likely won't be able to get a building permit until the situation is remedied. You'll need to work with the City's P&Z...
My restaurant was shut down by the health dept then the comptroller seized my accounts. Can I start another llc?
Stuart's answer
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Answered on September 30, 2021
Great answer from Teri, as always. I write only to add that you need to exercise extreme care before old LLC transfers assets to new LLC, if that...
What do I do if my neighbors keep putting rocks from their driveway in my yard and garden and its killing everything?
Stuart's answer
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Answered on September 28, 2021
You start by installing video cameras so you'll have evidence. Next, you post statutory no trespass signs at all the appropriate places, as...
Can anyone write, change, or terminate a cattle grazing lease?
Stuart's answer
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Answered on September 28, 2021
Developer has no right to interfere in your existing and prospective business relationships and if Developer continues, then Developer might be...
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