Allen Law Firm
Attorney at Law serving Dallas, Plano, Allen, McKinney, Frisco and Collin County
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Real Estate Litigation

litigating real property disputes

Real estate is most people's largest asset and is the means to generating tremendous wealth for those that own and control it.  As such, real estate is highly litigated by owners, landlords/tenants, lenders, HOA's, and builders.  The Allen Law Firm can help you defend and prosecute your real estate interests. 


FORECLOSURE

In Texas, the non-judicial foreclosure procedure is governed by the Texas Property Code §51 and the underlying loan documents. A lien holder can often comply with all the foreclosure laws and take real property from a defaulting owner less than two months. A lien holder may also want to file a judicial foreclosure, home equity loan foreclosure, rescission of a vendor’s lien, quit title action, or more. Contact us now for a free case evaluation and to determine what foreclosure process is best under your circumstances.

EVICTIONS

The Texas eviction process is generally quick and straight forward. A landlord, real estate investor, buyer at a foreclosure/tax sale, REO department manager for a major servicer or bank can send a notice to vacate, file a forcible detainer lawsuit, and set the case for hearing in a matter of weeks. Evictions are usually expedited and heard quickly by a Justice of the Peace. The court will decide which party has the right to “immediate possession” of the Property. Contact us now for a free case evaluation and to determine whether a forcible detainer action is best under your circumstances.

TITLE DISPUTES

Real property title issues are more common that you might think. Property tax liens, HOA liens, mechanic liens, abstract of judgments, IRS liens, lis pendens, bad legal descriptions, seller finance cloud on title, missing deeds, probate transfer of title, affidavits of heirship, city liens, and more. These are all issues that will affect your ability to sell property and your rights to enforce a lien against property. Contact us now for a free case evaluation and to determine whether you have clear title.

MECHANIC/MATERIALMAN LIENS

A Mechanic/Materialman Lien can be filed when an owner fails to pay a contractor, or when a general contractor fails to pay a subcontractor for work completed during the construction, addition, remodeling, or improvement of real property. Mechanic liens can have short and relatively complicated deadlines that must be met. If you are owed money for work completed as a general contract or subcontractor for real property then call us now for a free case evaluation.

PARTITION OR FORCED SALE OF PROPERTY

Co-Owners of real property have rights and obligations to the other owner.  One of those rights is the right to partition (split up the property) and sell your portion of the interest.  If the property cannot be physically split, then a co-owner may have the right to force the sale of the entire property so as to recover his/her interest. Contact us now for a free case evaluation to see if a forced sale is right for you.

PURCHASE CONTRACTs (BUYER/SELLER)

Real property is bought and sold on a daily basis.  The most common instrument used to initiate the sale of property is a purchase and sale contract. For residential homes, the Texas Real Estate Commission has promulgated forms that are used for most transactions. Commercial property sale contracts are often more complicated and robust. A contract to purchase real property establishes rules, rights, promises, and obligations for both the seller and the buyer. If one party fails to follow the rules, fails to keep a promise, or defaults on an obligation, then the other party has rights. Because these contracts are usually short term contracts, it is important to act quickly to protect or enforce your rights. We can help you understand your contractual rights and he can help you hold others responsible for promises and representation made.

LANDLORD/TENANT DISPUTES

Landlord/Tenant law is set by a series of statutes, case law, and contract terms. Often, contractual terms are not valid and cannot be legally enforced. Other times, rights exist outside of the contract by virtue of a statute or interpretive case law. If you have a disagreement with your landlord/tenant under a lease then Bret can help. Some examples might be that your landlord failed to return a security deposit; that living conditions in your home violate basic health and safety standards; or that a tenant has failed to pay rent or has vacated early. We can help you determine your rights. 

HOA DISPUTES

An HOA is a set of real property covenants that restricts certain actions/conditions related to real property. Many times, a board consisting of fellow homeowners attempts to interpret the HOA covenants, and does it incorrectly. Bret can help you determine your rights under the HOA restrictions. We can also help associations navigate the default, demand, lien and foreclosure process under Texas law.

 
 

Contact us today for a free real estate litigation consultation.