The Weaver Law Firm

Houston 713.454.7875

san antonio 210.807.8932

July 2017 Archives

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.

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houston
1800 Bering Drive, Suite 1050
Houston, TX 77057

Toll Free: 866-597-2280
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san antonio

8000 I.H. 10 West, Suite 600

San Antonio, Texas 78230

Phone: 210-807-8932
Fax: 713-513-5566

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