Main causes of title disputes in Texas

Title disputes are not a frequently talked-about topic in everyday conversations. Still, they happen more than people might believe in the state of Texas. There are plenty of reasons that can cause a title dispute.

A significant amount of local property records have not been transferred to computers. The records remain on paper, some of which date back even hundreds of years. This sometimes makes it difficult to decipher where actual property boundaries exist. However, the main reason for title disputes is not poor record-keeping. The main reason is lost or misfiled titles.

Fraud is another common reason for title disputes. There are cases where individuals will attempt to sell a piece of land to more than one person. There are other instances when individuals will attempt to sell land they do not even own.

Moreover, real estate transactions can be stopped because of title disputes. There have been many instances where wrong names have been listed on a title, or a title was not updated following the death of the previous owner.

Boundary disputes over where the real property line exists can also lead individuals into a legal battle. Deed restrictions are an add-on to titles which dictate land usage and these restrictions can also become a source of disagreement that leads to a legal dispute. Foreclosure issues are another common cause for title disputes in the state of Texas.

Attempting to fix a title on your own is not a recommended solution. Only a professional real estate lawyer can step in and help remedy the situation. If you find yourself involved in a title dispute for any reason, Hixson Law Firm can come to your aid. Our experience will make things a whole lot easier as we strive to resolve your situation. Residents of Arlington, Grand Prairie and Mansfield can have the experience on their side with the trusted team of professionals at Hixson Law Firm.

johnlaw_admin Dec 09, 2014 Comments (0)

Legal reasons for breaking a real estate lease in Texas

Real estate lawyers often become inundated with disputes over leases when it comes to renting property in the state of Texas. There are sufficient reasons that enable tenants to break a real estate lease and other reasons which do not justify such an action.

First, there is no buyer’s remorse in the state of Texas. Once a lease is signed, it is binding. Tenants do not have the option of reneging on a contract a day or two after it is signed as there is no three-day grace period. Even if no money is exchanged, the lease is still binding.

There is also no ‘rent control’ laws in the state of Texas. The landlord has the right to raise the price of rent at the conclusion of the lease, but not before that time.

Landlords are responsible for making necessary repairs. However, their negligence does not give tenants the right to just up and move out. In order for the lease to be legally broken, there needs to be a court ruling that states a tenant is no longer liable for that lease. Until a tenant takes the landlord to court and obtains a ruling from a judge, the tenant is bound to that lease.

There are procedures put in place by the state in the event that necessary repairs are not made to the property. Tenants need to get familiar with those procedures and follow them accordingly. Withholding rent is deemed as a form of retaliation and could make the tenant subject to eviction. Another interesting fact is that tenants can be evicted in as little as two weeks.

Tenants who decide to break a lease on their own will still be held responsible for the remaining months rent. Yet, if there is an unsafe environment in which the landlord did not provide adequate security, there would be just cause for breaking the lease. But the tenant must still prove that the landlord is guilty of misrepresenting the property.

While the law is clear on why a lease can be broken, there remains a lot of gray areas. If you find yourself involved with any kind of dispute regarding a real estate lease, Hixson Law Firm is staffed with a team of professionals that can go to work for you. Our attorneys strive to protect the rights of residents in the Arlington, Mansfield and Grand Prairie communities.

johnlaw_admin Dec 02, 2014 Comments (0)

Different contractors have different terms to file mechanic’s lien in Texas

In the state of Texas, mechanic liens need to be filed in a certain time frame. There are also different contractors eligible to file a mechanic’s lien and time limitations, and procedures differ for each group.

Original or general contractors are the ones who deal directly with the property owner. Their affidavits need to be filed by the 15th day of the fourth month after the contract was terminated, work was finished, or the site was abandoned. The liens also have to be filed with the clerk in the county where the work was performed.

First-tier subcontractors are individuals who have agreed to terms to do work on the property with the original contractor. First-tier subcontractors need to send a certified letter to the original contractor for unpaid services in the same time frame, by the 15th day after the fourth month of service.

Second-tier subcontractors do not have any type of dealing with the original contractor. Their agreements are arranged with the first-tier subcontractors. They must follow the same guidelines as first-tier subcontractors but must also send the original contractor a preliminary notice before filing a lien. That preliminary notice must be sent before the 15th day of the second month in which they supplied labor or materials.

Liens can also be filed by material suppliers. Any first-tier fabricators must provide the property owner with notice by the 15th day of the second month after the order for materials were received. An affidavit must then be filed by the 15th day of the fourth month after materials were received or from the time the contract was breached.

There are many steps to take before actually filing an affidavit for a lien and then there is another process that comes afterward. No matter what kind of contractor you are, Hixson Law Firm can help with your mechanic’s lien or construction project dispute. Contractors in Arlington, Mansfield and Grand Prairie can lean on our experience to walk you through every part of the process and help find the best possible outcome for you.

johnlaw_admin Nov 18, 2014 Comments (0)

What You Need to Know about Avoiding Dallas Bankruptcy

If you are currently facing the Dallas bankruptcy process and are risk for not being able to pay off your debts, then you know how intimidating the situation can be.  Whether you have just started the bankruptcy process or have been slowing moving closer to it in the last few months, then you understand the importance of taking a complete look at your finances and taking steps to improve your outlook.  Below are some helpful tips for doing this.

Once of the easiest ways to avoid bankruptcy is to consider things like downsizing your home and selling off some of your more valuable assets.  Consider how important that extra large yard or bonus room really is when it comes to your finances.  Wouldn’t it be worth to lose some square footage in order to preserve your credit?

Another consideration for those who want to avoid bankruptcy is to work with your creditors, or hire a bankruptcy attorney who will work on your behalf, in order to reduce your payments and make them more manageable to repay.  This is one easy way out for many individuals, yet many people don’t realize that it’s often an easy option to secure.  Sometimes all you need to do is ask in order to get the help that you need, especially since it’s more important for creditors to be guaranteed at least some of your money, versus simply having to write off your account due to a bankruptcy filing.

Bankruptcy isn’t easy, and if you are able to avoid it, then it’s worth working with an attorney to ensure that you get yourself back on track the right way.  It’s an important thing to think about when it comes to your financial future, so take it seriously, and you’ll understand why avoiding bankruptcy can be a viable solution for many people.

George Nov 04, 2013 Comments (0)

How an Irving Bankruptcy Lawyer Can Help You Make a Fresh Start

Is the stress of your finances getting you down more and more each day?  If you are tired of being harassed by daily collections calls, rude emails and threatening letters from credit agencies and are looking for a way to make a fresh start, it might be time to contact an Irving bankruptcy lawyer.  Help is out there when you work with the professionals who understand what a delicate and personal decision pursing bankruptcy is.  If preserving the future of your finances by filing for bankruptcy is the way you want to go, then doing so with the help of an attorney helps ensure that you’ll be well on your way to the new life you’ve been looking for.

Getting rid of your debts with bankruptcy does impact your credit record, but if you are heavily in debt with no hope for repayment right away and it’s your only solution, it can be a lifesaver.  Filing for bankruptcy means that creditors can’t come after you anymore – no more all-hours phone calls and guilt from being unable to pay your debts.  Instead, you can focus on rebuilding your financial self in a positive way instead of focusing on a negative financial situation.  It’s a smart approach for those who thin they may have no way out and it may make sense for you.

We all make mistakes, and when it comes to our finances, it’s not uncommon to fall behind in credit card payments, mortgage payments and other types of debt.  Don’t let these mistakes define who you are for the rest of your life.  Instead, filing for bankruptcy may be just the solution you need to help you get back on your feet.  By learning how to better manage your money and plan for the future, you can help yourself avoid problems in the future and be well prepared for a prosperous life.

George Oct 28, 2013 Comments (0)

Texas Foreclosure Processes & What it Means to You

One of the biggest surprises for many homeowners about the Texas foreclosure processes is that it’s actually a fairly fast process from start to finish. When it comes to losing your home in a foreclosure, by law that can happen in under just a few months.  That’s why it pays to take quick action and learn your rights when it comes to home foreclosure in Texas, as your knowledge can make a big impact on the final outcome.

You know that missing a mortgage payment is bad, but did you realize that missing just one payment can start to negatively impact your credit score and can also start the process rolling for you losing your home?  Texas foreclosure attorneys recommend taking immediate action – even if you just think you might miss a payment – to avoid it turning into a messy situation.  Asking for help is the first step, and that typically comes in the form of contacting an attorney who can inform you of you rights and guide you through the process.

Perhaps the most important thing to remember about foreclosures in Texas is that once the process has been completed, your home is gone forever, so act carefully and don’t make any hasty decisions when it comes to your home.  You should always do what it takes to save it versus just letting it go, but should you lose it, an experienced attorney can help you through every step of the process.

There’s no way to plan for something like losing a job or having a medical incident that causes you to lose your income and make you unable to make your mortgage payments.  No matter why you are facing foreclosure, talk to an attorney to learn about your rights as soon as you suspect there is a problem with your finances.  If you have missed one mortgage payment or several payments, the time to act is now, so don’t hesitate to ask for help today.

George Oct 14, 2013 Comments (0)

Understanding Your Rights with a Euless Bankruptcy Lawyer

When an individual is filing for bankruptcy, one of the first questions they typically ask is, “Do I need a lawyer for this?”  While you don’t legally need a lawyer to file for bankruptcy, a Euless bankruptcy lawyer can make the process much smoother and can ensure that everything is done absolutely correctly and down to every letter of the law.  Consider this:  when it comes to something as important as your financial future, it makes sense to work with a trusted professional that knows the ins and outs of bankruptcy law and who will work with your best interests in mind.  Declaring bankruptcy can be your chance to get what is often referred to as a “clean slate, and it can make a huge impact on your life.

Working with a bankruptcy lawyer can make it easier to determine which of  your debts can be discharged and which ones cannot.  Whether you are filing for Chapter 7 bankruptcy (the most typically option for consumers), or the larger Chapter 11 (intended for large organizations), working with a bankruptcy makes the process easier, as not all types of debts are looked at the same way.

If you are in danger of losing your home, are seriously behind on debt payments or have other major financial hardships going on, filing for bankruptcy can be an incredibly smart path to take.  By taking advantage of the credit counseling that most states now require you to take if filing for bankruptcy, and learning how to properly manage your finances once your case has gone through the court system, you’ll be well on your way to a positive financial future instead of drowning in debt and living in fear.  It’s a smart path to a healthy financial outlook.

George Oct 07, 2013 Comments (0)

What You Should Know Before Filing for Dallas Bankruptcy

Being faced with the prospect of filing for Dallas bankruptcy is never pleasant for anyone, but there are some important considerations to make before you officially begin the process.  Since there are repercussions to your future ability to get credit once you’ve been declared bankrupt, it makes sense to know what you are getting into before you do it.  By being informed and staying on top of what is happening, however, you’ll end up in the best possible situation for your circumstances and will have a chance at improving your financial situation as quickly as possible.

One of the biggest things to know before filing for bankruptcy is that the process probably won’t help you if you are trying to unload student loans.  Student loans typically can’t be discharged like other debts when you are filing for bankruptcy, so be sure to find out exactly how it would work in your situation before making a final decision.

When considering filing for bankruptcy, it helps to look at the big picture and be realistic about how much you owe.  Although it might be scary to add up all of your credit card bills, medical bills and other outstanding debts, it’s still an important step that you have to take.  Once you’ve got a clear picture of what you are dealing with, you can start making informed choices.

Don’t be afraid to seek out legal advice if you are considering filing for bankruptcy.  It’s worth it to yourself to be fully informed of your choices, and should you choose to pursue bankruptcy, a lawyer will help you through the process.  By taking steps to become informed and taking control of your financial future, you’ll be able to see a clear path towards a debt-free future and a healthy economical outlook.

George Sep 30, 2013 Comments (0)

Simple Tips for Avoiding Arlington Foreclosure

For today’s homeowners, foreclosure is often looming in the distance, thanks to a shaky job market and constant changes in the real estate market.  In spite of some improvements, many homeowners find themselves at risk for Arlington foreclosure.  There is hope, however, and the following help tips may help you or someone you love avoid the incredibly stressful situation of losing their home.

The most important thing for homeowners to remember is to act fast and make informed decisions.  Not sure about the real estate laws in your areas?  Perhaps your first call should be to your local legal expert.  An attorney who is skilled in the area of Arlington foreclosures can help you first see if you can avoid foreclosure, and then walk you through the process if they help you determine that it’s too late.  In most cases, however, there are still steps that you can take to avoid the damage that foreclosure can bring to your credit record – not too  mention your self esteem.

Foreclosures are an unfortunate part of owning a home in any parts of the country.  For many homeowners, they simply can’t keep up with payments due to losing work, or have to give up their home in order to pay medical bills for an emergency illness.  No matter what the reason, it is possible avoid foreclosure.  One easy step to take is to contact your lender directly to try and work out a sort of “payment plan”.  It never hurts to ask, but many homeowners who are facing foreclosure don’t realize that they can always contact their lender to try and work out a deal for repayment.

When it comes to keeping your home, it’s time to start thinking outside of the box.  Working with  a lawyer that specializes in the issues that you affect your most is the smart way to go.  No one wants to lose their home, but sometimes, people simply don’t know where to turn.  Getting legal advice right is the best thing you can do when it comes to saving your home.

George Sep 23, 2013 Comments (0)

Why You May Be Able to Avoid Bankruptcy with a Hurst Bankruptcy Lawyer

If you are looking for a way out of bankruptcy but are feeling that there is no way out and no alternatives left for paying off your debts, then it may be time to contact a Hurst bankruptcy lawyer who can teach you about your options.  Bankruptcy lawyers don’t just help you file the papers and make sure you show up to court when you are supposed to, they have a deep understanding about the bankruptcy laws in your state and act as trusted advisers throughout the process.  For some individuals, a bankruptcy lawyer can actually help them avoid filing for bankruptcy altogether.

There are some key reasons for avoiding bankruptcy that many individuals don’t know about until they have already filed.  First, your credit really does take a hit when you file for bankruptcy.  Depending on what kind of bankruptcy you file, you it may affect for your credit for up to 10 years, which can make it tough to get a new line of credit or a new loan.  A bankruptcy ruling can also affect your property, as not all assets are protected in a Chatter 7 bankruptcy, and it doesn’t eliminate all debts.  Student loans, back taxes, spousal support and child support aren’t discharged in bankruptcy, so it’s important to take a look at what kinds of debts you have before signing anything.

It’s definitely stressful, but not uncommon; to be thinking about bankruptcy in today’s economy.  If you have been thinking about your options, a lawyer who specializes in bankruptcy law should be your first call.  You may still have options left, including reducing interest rates with creditors and working with lenders to forgive late payments, that can help you maintain your credit record, which is much easier than trying to start from scratch after filing for bankruptcy.

George Mar 21, 2013 Comments (0)

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