“Subject to” real estate sales are a new twist on an old scheme, promoted as a way to “control” significant amounts of real estate with minimal investment and virtually no risk. The name comes from the idea that the real property will be purchased “subject to” an existing mortgage, eliminating the need for the “Buyer”
Adverse Possession Statute Adverse Possession - sometimes referred to as “squatters rights” - is a legal way to obtain title to real estate without purchasing it, by occupying the property for a number of years. Because the law is poorly understood by most people, the belief persists that all that is required is to 1)
It happens sometimes - one of our customers files bankruptcy. What does this mean to you as a creditor? Your first notice that this has happened is probably either going to be a verbal notice when you call for payment, or a notice from the court. If you receive a verbal notice, ask for the
Getting Out Before Trial One of the questions I am often asked is whether there is any way to avoid trial, in a case that cannot be settled, or which for some reason you don’t want to settle. “This is a dumb case - can’t the judge just throw it out?” Like any answer in
It seems like every month I see invoices that say “1.5% interest per month on unpaid balance”;“Interest will be charged at 18% on accounts over 30 days,” “Accounts not paid in 30 days are subject to a 3/4% monthly service charge”, or similar language. However, the creditor may incur serious penalties if the interest is
PART 1: Greetings - You Have Been Sued You’ve been operating a business successfully for years, and one day a constable knocks at your door,and serves you with a lawsuit. He hands you a stack of papers, including at least a citation and a petition. After your heartbeat returns to normal, you call your favorite
PART 2: What Happened? Discovery & Mediation In most cases, after an answer is filed, both sides need to do “discovery” before the case is ready for trial. Discovery is just like it sounds - each side has the right to ask questions and obtain documents to determine what the other side would say if
PART 3: Trial - Your Day in Court Most cases in Harris County are tried within 6 to 18 months of the time they were filed. While this sounds like a long time, it may not be. Before trial there is a lot of work to be done in gathering the facts, making sure