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Teri A. Walter

Teri Walter’s Answers

4,103 total


  • What is my expected privacy in using my backyard?

    We have lived here for 9 years and back up to a greenbelt owned by the city. All houses that face the greenbelt have wrought iron fences. The city recently put in a popular frisee golf course and one of the holes is right outside my easement. I li...

    Teri’s Answer

    I suggest that a solid fence will be both cheaper and more effective than arguing with the city about what others can do outside your property.

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  • If my landlord says I renewed, then says I didn't, if I vacate 10 days before my old lease ends can he charge me for the new one

    I had submitted a lease renewal, and they told me it didn't go through, then about 2 months ago they said it did, but then, 12 days before my lease was up they said I hadn't renewed, can they charge me for the new lease? Also, this month I fell be...

    Teri’s Answer

    They can evict you for non payment whether you signed the new lease or not, and whether they accepted it or not. Check the lease that is in effect to see what happens when it expires without a new lease. Usually, the lease becomes a month-to-month arrangement.

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  • Does a Home Owner Assns. in the the state of Texas have the legal right to foreclose on your homestead over unpaid HOA fees?

    I filed Ch.13 bankruptcy in 08/2013 and became delinquent in 11/2015 after job loss in 07/2014. My attorney converted my Ch.13 to Ch. 7 in 12/2015. Which was discharged in 02/2016. One of my secured/priority claims was unpaid HOA dues/fees. I un...

    Teri’s Answer

    The short answer is yes, they can, if they follow the proper procedures. However, what they really want is not to foreclose, but to collect. I suspect they'll accept a reasonable payment plan.

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  • Is it possible to sue HOA to return prior assessments?

    A recent ruling by a Judge in a local Civil Court stated our HOA was not legally formed and has no authority to assess/collect transfer fees which is the means by which it collects funds from residents. It was also ruled that the HOA has no autho...

    Teri’s Answer

    Interesting question. Depending on exactly what it means that the HOA was "not legally formed," and how old the charges were, there might be a fraud claim, and possibly a fraud in a real estate transaction, which would allow for the recovery of attorneys fees. I suggest you gather all the documentation that the HOA sent, records of payment, and any records regarding the HOA and the court decisions, and talk to a lawyer to see what can be done.

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  • Can an apartment file an eviction if you gave a 60 day notice?

    So i gave my apartment a 60-day notice to move out and she said that she will still filing eviction. On monday we recieved a call from the regional manager and she told us the eviction was not filed when the manager said that she was going to file...

    Teri’s Answer

    They can file an eviction if you are in breach of the lease, and they give a proper notice to vacate. If you're in compliance with the lease, and you haven't received a notice to vacate, you don't have anything to worry about.

    Make sure you give them written notice of your forwarding address, and take pictures of the condition of the unit before you leave, so you can get your security deposit back.

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  • How can I legally remove a home and its owners from my property. Can I evict them for trying to Squatt

    My father passed away four years ago leaving behind my mother his wife of 30 years. He purchased the land before they got married with his brother and sister in law on the deed it states he bought half and they each bought a fourth making my dad ...

    Teri’s Answer

    Unless you mother acquired the shares of your father's brother and sister in law, or those people signed on the deed, it is correct that you mother would not be able to sell the whole property. If she conveyed her interest in the property to someone else, she would not own any of it now. The three children may or may not own part of the property, depending on whether there was any probate proceeding, and whether they signed off on the deed to the new buyer.

    Your mom needs to take the deeds, any probate documents, and the documents she used when she sold what ever she sold, to a lawyer to sort out who owns what at this point.

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  • How should I proceed with reporting a business for tax concerns?

    I was made aware by the company owners daughter-in-law he has not paid taxes in over 10 years. I was not made to sign a w-4 nor did he relay he brought me on as a "contractor". The office manager he recently fired, wrote an email in response to hi...

    Teri’s Answer

    You are not going to be responsible for whether the business has paid taxes unless you are able to sign on their bank account. As I understand it, you were a contractor working for that company for a week, and are basing many of your assumptions on an email from a terminated employee or contractor, and conversations with a relative of the owner. This suggests that you may not have the whole story. Sometimes people have their own agendas.

    I can't help but wonder what advantage you think you may receive from this, even if you're right. You're free to report whatever you think is illegal, but you might also consider staying out of it.

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  • How often do civil demand letter companies lower their asking demand price when called by the accused?

    I was recently caught shoplifting in a Walmart at Texas. This is my second time (first time not at Walmart, around 14-15 y.old) being caught within 4 years and both times police were NOT contacted, so I have no record. Fearing the consequences sin...

    Teri’s Answer

    I can't give you a percentage of how likely it is that they will reduce their demand. However, you indicate that "a few lawyers" have suggested you don't pay, and that is likely because police were not called in the first place. Since the police were not called, you don't have a "record" of any kind to be concerned about.

    It also does not sound like you have even received a demand, so this may be a little premature, but I don't recommend that you pay any settlement at all, to anyone, without the terms of the settlement in writing BEFORE you make the payment. Afterwards, you likely won't get anything.

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  • What must you do go file a lawsuit before the statute of limitations?

    Not related to any case but what is the exact action. Is it filing your complaint and paying the court. I saw a case where there was no complaint but was a request for a citation and the fee paid then I saw the actual complaint filed weeks later. ...

    Teri’s Answer

    • Selected as best answer

    You are probably not seeing everything. You can't request a citation for service of a case that hasn't been filed yet. What happens is that the complaint (Petition) is filed, and then a citation is issued and served on the defendant. Filing fees are paid to the court for filing the petition, and for issuance of the citation, and then the constable or a process server is paid to serve the citation.

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  • Is a text enough to provide forwarding address after move out in Texas?

    My landlord and I ended on bad terms, she was very passive aggressive and I was glad to leave, I provided 60 days move out notice via text that she confirmed but my phone was stolen so I don't have that particular text. However, after I moved out ...

    Teri’s Answer

    Yes, a text can count as a written statement, especially if you're responding to the landlord's text. However, they're very difficult to prove, especially without the phone. I suggest you send another notice "confirming our text message" to tell her your forwarding address.

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