Real Estate
With the Austin Residential Real Estate Sales Picking Up, Consider Having Me Review Your Deal
02/04/13 10:31
I've had more calls over the past month on residential real estate deals than I had in all of 2012. I think every buyer is well served by having an attorney review a deal before the buyer's right to terminate the deal runs out. It's usually not more than about $500 for me to look for issues and problems. If you decide not to use a real estate agent or broker, the savings can be substantial by having me represent you through closing. I also have a construction background (as in, swinging a hammer and building projects), so I bring to bear some unusual skills in terms of understanding the condition of a property. I also point out zoning, HOA, financing, and other issues you may not have considered. Plus, I like doing real estate deals: house deals are generally happy situations, unlike the desperate lawsuits I'm often involved in. Read More...
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Short-term rental ban rejected by Travis County court
14/03/12 12:10
In a clear victory for homeowners and property rights, a Travis County court has rejected an HOA ban on short-term rentals. Briarcliff Property Owners Association, Inc. v. Marvin William Hays, Jr., Cause No. D-1-GN-11-002233 (Order of March 14, 2012). Read More...
Abusive Texas Home Equity Loan Modifications
23/09/11 16:25
The Texas Constitution forbids certain lending practices as regards home equity loans and modifications to those loans. If I'm right that many major lenders have been issuing illegal loan modifications of Texas home equity loans for years, and in some instances then trying to conceal that by misrepresenting to borrowers that foreclosure is imminent, the potential liability of these lenders is staggering. A penalty for such misdeeds under the Texas Constitution is FORFEITURE of the loan by the lender. Read More...
Wells Fargo Class Action - Texas Home Equity Loan Mods
21/09/11 12:21
Wells Fargo is alleged to have (1) modified Texas home equity loans illegally by including past-due interest and exceeding an 80% loan-to-value ratio, and (2) when it discovered this, covered it up by pressuring homeowners to do a short-sale or deed-in-lieu of foreclosure. My class action takes aim at these practices. Read More...
Relief For Texas Home Equity Borrowers Sucked Into the Foreclosure Spiral
18/04/11 14:29
I recently filed a federal class action lawsuit against big lenders Wells Fargo and HSBC Bank on behalf of Texas home equity borrowers in financial distress and being threatened with foreclosure. The suit alleges a catch-22 where the defendants dangled home equity loan modifications that they couldn't legally offer and didn't intend to give. Read More...
HOA's, the CAI, and Gaming the System
18/09/10 16:04
Under Texas HOA law, the one sure winner in every dispute is the lawyers. One particular provision of the Texas Real Estate Code is particularly pernicious in driving HOA's and homeowners into litigation. Say it ain't so, Texas Legislature! Read More...
Austin Construction Update
24/06/10 10:32
At last, the Austin residential construction market is showing signs of life. But that means falling contractor profits. Read More...
The Fundamental Flaw with HOA's
23/06/10 17:09
The governing documents (CC&R's -- covenants, conditions, and restrictions) and governing laws for the running of homeowners associations (HOA's) are too legalistic, abstruse, and technical for non-lawyers (i.e., your neighbors) to understand and enforce. That's why lawyers and property managers are getting rich at the expense of homeowners stuck with HOA's. We elect local governments and hire local officials to handle the complexities of property rights. HOA's should handle parties, beautification, and gripe sessions, not foreclosures and restrictions on others' freedoms. Read More...
HOA's and Freedom
30/04/10 11:15
HOA's are scary, and their trade group is even scarier. Read More...
FSBO Tips
23/03/10 16:28
For Sale By Owner Real Estate Sales: Not for the faint of heart, but a big money saver. Allocate a bit of the savings for attorney review of the documents. Read More...
The Real Estate Crisis Ain't Over
15/02/10 11:57
If the attitude I’ve seen from the big mortgage lenders is any indication, they’re running scared. A tsunami of residential foreclosures lies ahead. Read More...
Resubdivision and Its Discontents
11/02/10 16:00
Seeking resubdivision of urban oversized lots is not the only way to divide and develop your property. There are alternative strategies for developing such properties. Read More...
Family vacation home joint ownership headaches
26/10/09 10:34
When a family with multiple children has a vacation house, all sorts of title, tax, and administration issues arise. The tool of choice right now is the Family Limited Liability Company, involving the creation of a business entity and a well-written operating agreement. Read More...