We recently had very bad storms in Texas. Two of my neighbors trees fell on the back portion of my house barely visible from the front. I have had it tarped also, barely visible and am not the only one who has had to do this. I don't have insuranc...
I second Mr. Lautin's response and would add that you should obtain insurance immediately, as it is probably a requirement under your deed of trust and, if your mortgage company were to become aware, they could use it as a basis to accelerate and foreclose against your mortgage. You also mentioned it was your neighbor's trees, you may want to approach your neighbors and file a claim against their insurance company to repair your property.See question
My husband and and I are currently separated but not divorced. I currently live in our home with our children. My name is on the deed/title but only my husbands name is on the actual note. We have received a foreclosure notice on the home. Do ...
There are many ways to stop or delay the foreclosure process. While one of them is bankruptcy, the other involves simply responding to the notices. An experienced real estate attorney can help you delay the process if time is what you need. A bankruptcy attorney will help you keep the home with modified payments.See question
My landlord is evicting and suing me for nonpayment of rent plus late fees. The landlord has not fixed any uninhabitable conditions nor have i received any past reciept payments for rent. After posting the eviction notice on August 20, 2015, my la...
This question would require a phone consultation at the very least, as it raises more questions than answers. Were you paying in cash? What conditions exist that make the property "uninhabitable?" Did you notify the landlord of these conditions before you stopped paying rent? You will need to speak to an attorney to get an opinion.See question
In June of 2014, our HOA changed Board membership and management companies. Last week a collections notice was sent to a homeowner for non-payment of fees; the homeowner disputed and submitted cancelled checks (from her Credit Union) for part of t...
As the other attorneys have stated, the property owner has done their part and shown proof of payment. To add to their comments, I would recommend that the Board verify its D&O insurance is in place. Please take into consideration that the Board may be held liable for slander of title, among other property code violations, for claiming amounts due against the HOA lien when they are not. Also, because the Board is now aware of the property management company's mishandling of payments, the individual Board members should tread lightly and execute their duties in good faith, this means providing credits where they are due, lest you be held individually liable for bad faith actions. The best thing to do is to consult with an attorney, even if it is for a few hours of advice, as even though you are a volunteer, you are also running a business and will be held accountable to the members of the association.See question
My home is in a country club neighborhood, and monthly, I'm required to pay a "deed fee" equal to 1/4 of the club dues since I'm not a club member. When I built, I was told the developer would establish an HOA once the neighborhood was built out. ...
You mentioned that the monthly fees are "paid directly to the country club." There may be a provision in your CC&R's that provides these fees be paid to the county club to help support the country club, and an HOA would be a separate entity with its own fees. It is odd that the developer didn't incorporate an HOA when the restrictions were put in place. That being said, I would begin by asking the country club for the specific provision that allows them to collect assessments against your property. If after reading those provisions you are still unsure, you should take your governing documents to an attorney and pay for a couple of hours of their time to have them review and give you an opinion.See question
I am buying a condo from an individual seller. Do I need a real estate attorney to draft a real estate purchasing contract?
I agree with the answers given above. To add to them, I would also recommend conducting the closing through a title company and purchasing a title insurance policy.See question
i did some work for a customer and she fired me in the middle of the job so I filed for Summary Judgement after mediation but she wants a Jury Trial.
It is difficult to ascertain a question from your statement. However, it appears your question is related to legal procedure. You should hire an attorney if you need help prosecuting or defending this suit, whatever the case may be.See question
I'm going through a divorce and she left me with a huge debt and I can't afford a new driveway. I have told them that I can't afford it and they keep sending me certified letters at $20 a pop. They're getting lawyers involved now. They also wan...
Under Texas Property Code 209.007, you have a right to request a hearing before the board of directors. There is also an appeals process if they fail to grant your hearing or if they render a verdict that you disagree with. Also, Section 209.009 of the Texas Property code prohibits foreclosure of an assessment lien if the debt consists solely of 1) fines assessed by the association, 2) attorney's fees incurred in association with collection of those fines and 3) for some administrative fees (look at the statute for further detail.) If you have paid your yearly assessments and the amounts charged against you consist solely of fees, the Association may not be able to foreclose. Consult with an attorney for further details and review of your community's governing documents.See question
10 lot subdivision. Restrictions state must be 75% masonary. 3 current homes are greater than 75%, but 2 homes now under construction are 100% hardi plank siding. We do not have a HOA. What can be done to protect our property values.
Thoroughly review your deed restrictions and verify whether property owners may enforce the deed restrictions and whether a homeowner's association exists or should exist. Then based on that answer, consult with an attorney to either 1) file suit on your behalf against the two property owners or 2) set up the Homeowners Association and have the HOA file suit against the property owners.See question
If I buy a condo in Texas can a judgment from GA allow my former attorney to lien the condo in Texas to satisfy the summary judgment?
Texas is a very debtor friendly state, thus your wages will not be garnished, unless the judgment is for child support or taxes. It is also very unlikely that your property will be sold to satisfy the judgment. However, the Georgia judgment may be abstracted and filed in Texas. You should retain a Texas attorney to appropriately advise you regarding settling the judgment and the ramifications of failing to settle the judgment.See question