Philip W. Boyko Real Estate Law Blog

The party that loses an eviction case (more often than not the tenant) at the Justice of the Peace Court (the "Justice Court") level in Texas can appeal for a new trial in the County Court. A tenant should think twice about handling the appeal himself as there numerous places you can stub your toe and the rules are somewhat complicated. Some of the requirements are listed below:

You have 5 days to file the appeal with the Justice Court.  To count... Read More

As a lawyer, I am often asked to review contracts of all kinds.  Hopefully, the client is asking me to conduct that review prior to the signing of the written lease contract.  Unfortunately, that is not usually the case, and especially so in the situation of a residential lease.  For some reason, clients fail to send the residential lease to their attorney, somehow believing that the contract is not subject to negotiation.... Read More

Chances are good that if you live in Houston, Texas and own a home or a condominium, there is a good chance that you belong to a community association of some kind, sometimes called a property owners' association or a homeowners' association (the "Association").Inherent in that concept of Associations is the public policy recognizing the advantages to landowners in accepting mutual benefits and burdens regarding the property.  One of the burdens is "assessment... Read More

A sometimes overlooked area of the real estate foreclosure landscape is the application of the statute of limitations (hereinafter the "Statute") to the decision by the trustee to foreclose on default of the real estate lien note by the mortgagor (landowner).  This is an important consideration as there is no authority for the trustee designated in the deed of trust to conduct a foreclosure sale if the Statute bars enforcement of the debt.  One must remember that the... Read More

Because of the hard times experienced by so many homeowners in the past few years, many have had to make the hard decision to allow their lender to foreclose on their home.  Many times, that is not the end of the problem.  What if the lender (mortgagee) buys the property back at foreclosure for a credit bid price that is less than the balance due on the note?  The mortgagee may then file a lawsuit against the debtor (mortgagor) to recover the deficiency (note balance less the... Read More

As an attorney practicing in the real estate area, I am often asked by my clients what they should do with their security deposit (the "deposit") when they are ready to end their residential lease.  Most are concerned that they will lose the security deposit anyway because of their belief, often mistaken, that the landlord will find a way to keep it for "made up" damages to the leased premises.  They therefore want to inform the landlord to keep the... Read More

Mechanics, artisans, and materialman can protect themselves from non-payment for their services under Texas law.  They have a claim or interest upon the buildings constructed or repaired by them for the value of the labor done or material furnished.  Okay, so I'm a subcontractor on a construction project and I have not been paid by the contractor.  If I go to my attorney and ask him to prepare, send, and file the necessary documents, what will he ask me to... Read More

Assume you purchased real estate in Texas and financed that purchase through a third lender.  You no doubt signed a deed of trust securing payment of the promissory note, which you also signed.  Assume you defaulted on the payment of the note and the lender has now instituted a foreclosure proceeding against you.  We will, in this post, look at a single aspect of that foreclosure process, that being the "Notice of Sale" (the... Read More

If you are a homeowner in Houston, Texas, then you are almost certainly familiar with the term "restrictive covenants."  If you are a homeowner, but the term means nothing to you, then an easy way to find out what the term means is to paint the front door of your home a garish color, say hot pink. Then wait by your mailbox for the inevitable letter from your property owners association (the "POA") advising that such action runs afoul of the restrictions... Read More

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