Change in Foreclosure Sale Dates

Texas public foreclosure auctionPublic foreclosure sales in Texas currently take place on the first Tuesday of the month.

Under a new law effective September 2017, foreclosure auctions in the months of January and July will instead occur on the first Wednesday of those months if the first Tuesday falls on January 1 or July 4.

All public foreclosure sales must take place between 10:00 a.m. and 4:00 p.m.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Mineral Interest Liens in Three Sentences

texas oil gas water mineral interest lienA person who furnishes labor or materials in connection with digging, drilling, operating, maintaining, completing, or repairing an oil, gas, or water well, or an oil or gas pipeline, mine, or quarry, is granted a lien to secure payment.

The lien is asserted by timely filing a proper affidavit in the records of the appropriate county clerk’s office.

The claimant must foreclose the lien by filing suit, if the claim isn’t otherwise paid.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Writs of Possession in Three Sentences

A writ is a written court order that commands the person to whom it is directed to perform, or refrain from performing, a specified act.

texas writ of possession

A writ of possession is a command often directed to a peace officer to remove people or items from property, or to dispossess people of property, and to deliver possession to another person.

Writs of possession may be issued in eviction cases, trespass to try title lawsuits, eminent domain actions, and other legal proceedings.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

The Family Violence Victim’s Right to Break a Lease

texas landlord tenant family violence residential leaseTexas Property Code section 92.016 allows a family violence victim to break a residential lease without incurring liability, under prescribed circumstances.

The victim may break the lease regardless of whether the offender occupies the leased premises with the victim.

The victim’s right to terminate the lease, vacate the dwelling, and avoid liability cannot be waived.

Look here for a short Q&A on the subject by The Texas Legal Services Center & Texas Partnership for Legal Access.

Our Tips & Resources posts are intended to provide general educational information. Like all other material on this blog, it is not a substitute for legal advice.

 

What is Strict Foreclosure?

texas foreclosureIn Texas, realty foreclosures can occur with or without using the court system, depending on the circumstances. The former is called a judicial foreclosure. The latter, unsurprisingly, is called a non-judicial foreclosure. In either event, there is a sale of the property as part of the foreclosure process at which qualified bidders, including the lender, can bid to purchase the property.

In a strict foreclosure, there is no sale. Instead, a court orders the debtor to pay the lender money owed, and title to the realty vests directly in the lender if the debtor fails to do so.

Texas law does not permit strict foreclosures of real estate.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Can I Fire my Contractor?

I often get calls from folks who are unhappy with contractors they’ve hired, wanting to know if they can terminate the relationship before the project’s completion.texas construction terminate fire contractor

Termination is typically allowed under any one of three circumstances.

First, does the contract specify the events under which termination may take place? If so, have those events occurred?

Second, did the contractor materially breach the contract and, if so, did that breach occur before any material breach by the owner (the party that contracted with the contractor)?

Third, will the contractor agree to terminate the contract early?

There are repercussions associated with terminating a contractor prematurely. A project owner is wise to take stock of the situation from an objective standpoint, evaluate the risks and benefits of each available option and their attendant consequences, and then move forward decidedly.

Our Tips & Resources posts are intended to provide general educational information. Like all other material on this blog, it is not a substitute for legal advice.