Guerra | Days Law Group

Houston Court of Appeals What is Appellate Law? Appellate Law is the legal practice, of either party to a case, disputing the decision in the trial court through an appeal. It is the process for requesting a formal change to an official decision.   Appellate courts do not retry cases or hear new evidence.  Instead, they review what occurred in the trial court to see if the proper appellate procedures were followed and the proper law was applied.  They are usually limited to reviewing only the arguments that were made in the trial court and raised by the parties.  Once the appellate court reviews the case, the result of an appeal can be one of the after a brisk walk through the district court of appeals hall: Affirmed: Where the reviewing court agrees with the result of the lower court’s ruling(s). Reversed: Where the reviewing court disagrees with the result of the lower court’s ruling(s), and overturns their decision. Remanded: Where the reviewing cou...

  NON-JUDICIAL Foreclosures Exposed If a homeowner fails to make the monthly payments required by their  home loan , the bank will eventually move to recover their investment through the foreclosure process .  A foreclosure is the process that allows the bank to recover the balance of the loan through an auction process. There is a myth that foreclosure is a process where a bank automatically takes ownership and possession of the property when the homeowner is in default; this is not true.  Foreclosure is a legal process that requires an auction process to protect the homeowner by ensuring that they receive the fair market value of the property towards the loan. There are two types of  foreclosure processes  that vary from state to state;  The first is a judicial foreclosure and the second is a non-judicial foreclosures .  In short, a judicial foreclosure must first go through court process through a civil lawsuit where the bank sues the homeowne...

Are owner financing transactions legal in Texas? The short answer is YES. Owner financing can be a very useful tool for both buyer and sellers in any real estate transaction. However, both buyers and sellers should be cautious because such transactions need to be executed appropriately. Hiring a competent attorney who understands every detail of an owner financing transaction is very important. For sellers, you must be careful when conducting an owner financing because if done incorrectly, it could jeopardize your entire transaction and subsequently, your entire investment in the property. In Texas, there is a very good reason why sellers must be careful. Over the last 20 years, laws written to protect buyers from unscrupulous lending. In other words, if you are a seller, you will be held to same standards as that of a bank. It becomes your responsibility and duty to practice due diligence in your methods. If, however, you do not follow the guidelines required, you may find your...

 What happens when a loved one passes away with property and we want to either inherit it or transfer to a family member? Generally, in this situation, we're looking at three different roads that we might take. To begin to determine which one of those three roads or what options you have. Keep in mind, this is just a brief summary of the different routes available. In order to obtain the right information which applies to you, talk to an estate planning attorney at Guerra | Days Law Group.  The first road is referred to as probating a will. Your loved one has passed away leaving a will behind and this will is typically the deceased’s last testament. It is a memorialization, a writing, of what their last wishes were. First, we have to determine if that will is in fact valid . Determining whether a will is valid will be conducted by a court of law. Very often, I have people come into my office and say, "Hey, I've got a will, so the property's mine." Unfortuna...

Looking for a quit claim deed form ? A quit claim deed form may not be what you need. But before you decide, it is a good idea to understand the different types of deeds out there. Quit claim deeds (or a quit claim deed form) are NOT used for real estate sales. Filing out a quit claim deed form might be easy, but it will NOT guarantee title. Quick Overview You will generally come across three (3) types of main deeds when in comes to the sale of the real property. Warranty Deeds Special Warranty Deeds Quit Claim Deeds Warranty Deeds and Quit claim deeds are the most commonly used, BUT each is used for DIFFERENT reasons. A warranty deed guarantees against particular defects to the title alongside transferring title to the property. The most important part of the warranty deed is that it is proof that the one selling the property actually holds true title. Because if the seller does not possess true title, he/she cannot guarantee the new buyer anything! Not to mention you as the buyer c...