The Weaver Law Firm

Houston 713.454.7875

san antonio 210.807.8932

Houston Legal Blog

What is seller financing and how does it work?

There are many people who want to become homeowners but aren't able to qualify for a mortgage. These individuals will sometimes turn to the seller of a home to see if the seller will provide financing. This is a big decision for sellers because of the financial risks involved.

If you are considering owner financing, make sure that you understand what this means. Because these situations must be handled in precisely the right way, using a lawyer familiar with this component of real estate law is a good idea.

Lawsuits filed over Addicks and Barker dam water releases

A group of Harris County homeowners and businesses sued the federal government on Tuesday due to the flood. The claim is that the U.S. Army Corps of Engineers knowingly condemned their properties by releasing water from the Barker and Addicks reservoirs after Hurricane Harvey.

A lien is the first step toward a condominium foreclosure

If you've decided to live in a condominium, one of the things you may know is that the homeowners' association has the right to make rules and regulations for the condos in their development. Homeowners' associations manage entire communities in some cases, taking care of building maintenance, repairs in common areas and even lawn care.

While individual condo owners pay a fee for these services, one thing some people don't count on is the risk of being kicked out for doing something against the homeowners' association's wishes. Depending on the kind of transgression, the homeowners' association may be able to penalize you with fines, eviction or foreclosure, depending on the severity of the situation and your willingness, or lack thereof, to conform to their wishes.

Pitfalls in equity financing and loan transactions for real estate investment.

Loan Transactions / Financing
. During the purchase and sale process, clients utilize attorney services to assisting them in reviewing the financial documents associated with the real estate purchase. Also, at the time of closing, an attorney's review of the closing documents sometimes shows that the closing documents are not always accurately prepared in association with the details of the loan.
 Even after the closing, certain issues regarding national bank loans come to controversy. Attorneys represent homeowners in defending against mortgage lender claims, some which include issues of non-payment or loan modifications. Even during the loan modification process, we find that the lender's right hand often does not speak with its left hand. Often times this means that while a loan modification is supposedly underway, the lenders are still instituting their foreclosure action. Attorneys also assist in short sales if needed to protect the client. We assist clients in arraigning seller-finance deals, putting together the deed, note and deed of trust. Part of this process sometimes begins where the parties originally want to arrange a contract for deed, but after the Texas Property Code requirements are explained, a seller-finance situation is preferred.

Oil & Gas title searches and examinations

Individuals interested in oil & gas title searches and examinations will often consult a real estate lawyer with land man experience to understand the often-complex county record filings. Out law firm experience involves situations where individuals believe that they have an oil and gas royalty interest in real property by inheritance, but are uncertain as to the matter. We perform the title search to determine who truly has the royalty interest and by what percentage. 
In non-oil and gas matters, the issue of title is involved in every purchase and sale. We work with client often referred to us by title companies like Fidelity National Title to assist in clearing title problems. We perform the title search to determine whether there is a clear title or a break in the chain. Often times in the process, we determine whether there are existing liens that cloud the title and prevent the sale of real estate. In all these situations, we advise the client on how to proceed if the title is not clear or if there is a break in the chain of title.

Paid but the Seller in a For Sale by Owner won't give Deed?

Often the author receives calls from individuals complaining that they entered into a "For Sale by Owner Agreement" also known as a "Contract for Deed." The clients often state that they have paid the seller all of the money owed under the agreement but that the Seller has not or will not convey title. Sometimes the Seller becomes deceased and obtaining title becomes more of a challenge. It often requires court intervention.

Get a lawyer, lose the headaches of Houston home buying

When you begin searching for a home in the Houston area, just like many cities, the process can be lengthy and frustrating. Before you even find a home that fits your needs, priorities, and budget, looking around at homes can get overwhelming.

Once you actually find a home that you think is right for you, you may think that the hard part is over, but you have a long way still to go. The process of buying a home is full of opportunities for things to run off the rails.

5 pointers when listing your home for sale by owner

Choosing between selling a home yourself or hiring an agent is a big decision. Preparation is the key in either case; however, the preparation pointers are different in each situation. When you decide to sell your home in a for sale by owner arrangement, consider these five tips to help you get ready.

Grateful to wear the uniform of a Lawyer

Whether you are a Houston real estate attorney or a corporate lawyer in Texas, you might appreciate this opinion by the State Bar of Texas' President, Frank Stevenson. I appreciated the read and felt compelled to reprint it. Here it is:

Thinking of buying a condo? Here's what you should know

You've been renting an apartment for the last few years, saving up money to put a down payment on your own place. You're finally ready to own instead of rent.

You want to be where the action is, where the nightlife is good and you have plenty of choices for happy hour. The new condos over by the Pearl Brewery seem like a good choice. You'll be on the edge of downtown San Antonio, close to North St. Mary's but still with easy access to South Town.

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