» Real Estate Litigation

KLIF 570 Interview: Boundaries and Surveys

Be careful where you place your fence line. I spoke on this subject on the KLIF 570 radio show on August 29, 2016. Read More
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Protect Yourself Prior to Closing

Do you realize that when you buy real estate that you are charged with knowledge of the chain of title prior to the conveyance to you? This means that you are charged with what is publicly filed in the deed records even if you do not see the document… Read More
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Beware of the Receiver Bearing Gifts

A receiver is a court appointed official whose job is to take charge of assets and then deal with them responsibly through the sale of assets. Their job is to preserve the assets and they have the ability to do that. Just the appointment itself serve… Read More
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Look to the Contract First Before Looking Elsewhere

Have you ever had a situation where someone says that a contract means one thing and you read it a completely different way? The Texas Supreme Court holds that in interpreting a document the primary concern is to ascertain and give effect to the inte… Read More
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Home Equity Litigation in the Bankruptcy Court

(San Antonio, Texas). This was a fun few days in San Antonio attending the 25th Annual Robert C. Sneed, Texas Land Title Institute from December 3 and 4, 2015, at the Hyatt Regency Hill Country Resort & Spa in San Antonio, Texas. Over 500 attorne… Read More
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Preferred Forum for Litigation in Home Equity Lien Cases

Preferred Forums. For the bankruptcy debtor or trustee, the preferred forum in determining the validity of a home equity lien is the bankruptcy court. For the lender the preferred forum should be state court because of a new case from the Texas Supre… Read More
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Conflict in Statute of Limitations in Home Equity Litigation Still Exists

Conflict in Statute of Limitations. Waiting more than four years after the closing to move to invalidate a home equity loan based on a constitutional violation is, for the most part, too late except in the bankruptcy court for the Eastern District of… Read More
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Home Equity Lending – Key Bankruptcy Decisions

Since home equity lending was introduced in Texas one should not be surprised to learn that there is a body of bankruptcy court opinions construing the Texas constitutional home equity laws and deciding the validity of home equity security interests.… Read More
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Title Insurance Coverage: Appeal While Case Still Pending

In certain cases a litigant in Texas may, with permission of the trial court, appeal a decision of the court while the case is still pending. This is called an “interlocutory appeal” and allowed in narrow circumstances. Section 51.014(d) of the T… Read More
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Lender May Wait for Judgment Before Disposing of Collateral under UCC

Many times lenders recover their collateral by performing foreclosure sales of personal property and then bringing suit against the borrower or guarantor for the balance due. This approach works but in a litigious society it can open up the lender to… Read More
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