Guerra | Days Law Group

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...

When a loved one passes and leaves property or an estate, it can be a difficult for families to understand how to manage the situation. As a probate attorney in Houston , Guerra | Days Law Group understands the pain and sorrow that shadows over the family during this time. Do not worry, an experienced Houston probate attorney from our firm will explain the different options and seek out the best solution for your particular situation. What does it mean to Probate an Estate? In Texas, probate is defined as the official proving of a will. A court officially recognizes the death of the loved one and supervises the distribution of the estate. The Formal Routes to Probate: Any Houston probate attorney will tell you there are generally two (2) traditional routes to probate, along with a few simpler routes. If a loved one dies with a will, they have died testamentary. If a loved one dies without a will, they have died intestate . Probate an Estate with a will: Independent Admi...