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HOA Assessments, Liens and Foreclosure in Texas

Can an HOA Foreclose on Your House in Texas A homeowners association in Texas has more authority than most owners realize. Unpaid assessments are not merely a billing dispute, and in some circumstances an association can foreclose on the lien securing them. The authority comes from the recorded declaration, the document filed in the county property records that created the subdivision's covenants. When you bought, you took title subject to it. That declaration typically

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Selling a Texas House With an Open Insurance Claim

What an Open Claim Does to a Texas Home Sale Hail, wind and fire claims are routine in Texas, and an open claim complicates a sale in ways that are manageable if you understand who is owed what. The central question is who receives the claim proceeds. If there is a mortgage, the lender is typically named on the policy and the check is usually issued jointly. Lenders commonly hold the funds and release them in stages as repairs are completed and inspected. This is wh

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Selling a House You Cannot Empty

Selling a House You Cannot Empty A house packed with a lifetime of belongings is a common situation and rarely the one people plan for. It usually arrives with a death in the family, a move to assisted living, or a long decline nobody wanted to confront. The first thing worth saying is that the contents do not have to be resolved before you decide what to do with the property. Sellers routinely delay for months, paying taxes, insurance and utilities on an empty house, be

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Can an HOA Foreclose on Your House in Texas

Can an HOA Foreclose on Your House in Texas A homeowners association in Texas has more authority than most owners realize. Unpaid assessments are not merely a billing dispute, and in some circumstances an association can foreclose on the lien securing them. The authority comes from the recorded declaration, the document filed in the county property records that created the subdivision's covenants. When you bought, you took title subject to it. That declaration typic

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What Happens to the House in a Texas Divorce

What Happens to the House in a Texas Divorce In a divorce the house is usually the largest asset and the one with the most strings attached. Texas is a community property state, which shapes the whole question in ways that surprise people who have moved here from elsewhere. The first distinction is between community property and separate property. Broadly, what either spouse acquired during the marriage is community property. What one spouse owned before the marriage, or

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What a Texas HOA Can Do About Unpaid Dues

What a Texas HOA Can Do About Unpaid Dues A homeowners association in Texas has more authority than most owners realize. Unpaid assessments are not merely a billing dispute, and in some circumstances an association can foreclose on the lien securing them. The authority comes from the recorded declaration, the document filed in the county property records that created the subdivision's covenants. When you bought, you took title subject to it. That declaration ty

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Selling a Texas House With a Tenant Still Living In It

Can You Sell a Rental in Texas With a Tenant in Place You can sell a house in Texas with a tenant living in it. What you cannot do is sell it as though the tenant is not there. The lease is an obligation that travels with the property, and understanding that early saves a great deal of friction. A lease survives the sale. When the property changes hands the new owner steps into the landlord's position and takes the lease as written, for whatever term remains. A buye

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What an Open Claim Does to a Texas Home Sale

Selling a Texas House With an Open Insurance Claim Hail, wind and fire claims are routine in Texas, and an open claim complicates a sale in ways that are manageable if you understand who is owed what. The central question is who receives the claim proceeds. If there is a mortgage, the lender is typically named on the policy and the check is usually issued jointly. Lenders commonly hold the funds and release them in stages as repairs are completed and inspected. This is w

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