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Articles by George C. Stephens
94 Songs About Texas
FlourishAnyway believes there is a playlist for just about any situation and is on a mission to unite and entertain the world through song. Celebrate the Lone Star State, where everything is bigger and arguably better. Make a playlist to honor it. Pete Alexopoulos via Unsplash, Free Domain, modified by FlourishAnyway The State With Valor and Swagger Folks often say that "Everything is bigger in Texas," and it's true about their bravado, as well. You don't find state pride like this in the other 49.
Husband in divorce process preventing home showing
Q: My husband and I are getting a divorce and the judge told us to list our house , which we did. The problem is that my husband is still living in the house and makes it very hard for our Realtor to show it. He always has a “good excuse” to deny a showing and I’m getting frustrated. What should I do? : It’s time to call your divorce lawyer and get this man in front of a judge. He doesn’t want to sell the house, we bet, and is putting every stumbling block in your way.
Husband in divorce process preventing home showing
Q: My husband and I are getting a divorce and the judge told us to list our house , which we did. The problem is that my husband is still living in the house and makes it very hard for our Realtor to show it. He always has a “good excuse” to deny a showing and I’m getting frustrated. What should I do? : It’s time to call your divorce lawyer and get this man in front of a judge. He doesn’t want to sell the house, we bet, and is putting every stumbling block in your way.
Buyer questions why there’s no bulkhead straight answer
Q: I’m considering buying a property that’s located on a lake. Most of the other properties around this lake have bulkheads, but the one I’m considering, and the ones of both side of it do not have a bulkhead. I can’t seem to get a straight answer from the listing agent about why there isn’t one. He just says that there’s never been one. I love the house, but I’m not sure if it would be smart to buy it. A: Check the deed restrictions in the subdivision to see if they deal with the issue.
Buyer questions why there’s no bulkhead straight answer
Q: I’m considering buying a property that’s located on a lake. Most of the other properties around this lake have bulkheads, but the one I’m considering, and the ones of both side of it do not have a bulkhead. I can’t seem to get a straight answer from the listing agent about why there isn’t one. He just says that there’s never been one. I love the house, but I’m not sure if it would be smart to buy it. A: Check the deed restrictions in the subdivision to see if they deal with the issue.
Ask George & Chuck: Home buyer seeks to handle encroachment the right way
Ask George & Chuck: Home buyer seeks to handle encroachment the right way Q: I purchased a house several months ago and recently discovered that there is an old, rundown shed that encroaches onto my property. I talked to the owners, who denied it was an encroachment, and now refuse to talk to me. The surveyor has since been out and admitted his mistake. I got title insurance to delete the area and boundary exception, so I think I have coverage from the title company. Who can make this right?
Ask George and Chuck: Condominium owner at odds with board over wall repairs
Ask George and Chuck: Condominium owner at odds with board over wall repairs Q: We have been struggling with the board of directors at my condo since July 2017. At that time, we reported severe settling problems. It was eventually determined that the foundation needed repairing and this was accomplished in October 2017. We were repeatedly assured that the HOA was responsible for the interior repairs caused by the foundation problems but that the HOA would not be responsible for any painting.
Ask George and Chuck: Homeowner needs to correct pressing taxation issue
Ask George and Chuck: Homeowner needs to correct pressing taxation issue Q: I bought a house in Fort Bend County that is my homestead. My daughter bought a house in Harris County. I guaranteed her note and they put my name, along with hers, on the deed to the Harris County property. She has declared that property her homestead. Fort Bend County has denied my homestead exemption for real estate taxes, saying I can only have one homestead. The Harris County property is hers, not mine.
Ask George and Chuck: Contract determines whether access to property was allowed
Ask George and Chuck: Contract determines whether access to property was allowed Q: My husband and I are selling our home. We are in contract and are about to close. The Realtor we are using let the inspector go into our home about two weeks ago but without notifying us. Then, let the buyer's Realtor, the buyer and her whole family come in, AGAIN without notifying us. Should this have been done? A: That is a matter of contract law.
Ask George and Chuck: 'Private sale' provides no exemption to disclosure requirement
Ask George and Chuck: 'Private sale' provides no exemption to disclosure requirement Q: My house was damaged in the Harvey flood. I have a buyer who is an investor and is willing to buy it at a fair price. I notice that the TREC contract forms says I'll deliver a seller disclosure form, but this buyer says I am exempt from that requirement since this is a "private" sale not involving a real estate agent. Is this correct? Now I'm worried about this sale. A: Give him the disclosure.
Ask George and Chuck: 'Private sale' provides no exemption to disclosure requirement
Ask George and Chuck: 'Private sale' provides no exemption to disclosure requirement Q: My house was damaged in the Harvey flood. I have a buyer who is an investor and is willing to buy it at a fair price. I notice that the TREC contract forms says I'll deliver a seller disclosure form, but this buyer says I am exempt from that requirement since this is a "private" sale not involving a real estate agent. Is this correct? Now I'm worried about this sale. A: Give him the disclosure.
Ask George & Chuck: Landowner faces title challenge when trying to sell
Ask George & Chuck: Landowner faces title challenge when trying to sell Q: I've owned several parcels of property in one subdivision for years. I've paid taxes on them and maintained them. I had a prospective buyer contact me and I signed a contract to sell them, but the title company says there was a "break in the chain of title" 40 years ago on one of the lots and refuses to issue a title policy. This can't be right. A: Yes it can.
Ask George and Chuck: As trustee, Tax Code exempts you from personal liability
Ask George and Chuck: As trustee, Tax Code exempts you from personal liability Q: My parents died and left me as trustee in charge of various trusts. I have no idea what I am doing with this, and their attorneys haven't been very helpful in explaining things. I just received a document to sign in my individual name as "trustee." Does this create any liability for me? A: Technically, the trust does not take title to a property.
Ask George and Chuck: Flood victim faces resistance from condo board about mold
Ask George and Chuck: Flood victim faces resistance from condo board about mold Q: I'm a flood victim and live in a condominium. I have mold in the unit and the condo board won't remediate it. They say it is in my unit and they only have to maintain and repair the common elements. I had a certified mold inspector prepare a report saying the unit is not habitable and it goes beyond the walls of the unit. What can we do now? A: If you have mold, chances are that it goes well beyond your unit.
Ask George and Chuck: Examine latest home equity rules for 2018
Ask George and Chuck: Examine latest home equity rules for 2018 Q: What are the new home equity rules for 2018? An addition to our answer in last week's column is below. A: There are quite a few changes in home equity loans. A new constitutional amendment was voted on in November. One can now make a home equity loan on any agricultural property. Fees are limited to 2 percent of the loan amount. A home equity loan can be converted to a traditional lien after one year.
Ask George and Chuck: Proceed with care when attempting to change deed to home
Ask George and Chuck: Proceed with care when attempting to change deed to home Q: I need to have a deed prepared for my mother to sign to convey her property to me. She is very old, and we're trying to avoid the costs of probate. She has a very small estate and we don't want to spend money on lawyers. One lawyer has refused to help us without a lot of additional work. We just need a deed. A: Not so fast.
Ask George and Chuck: Reader should reconsider before deeding half of property to boyfriend
Ask George and Chuck: Reader should reconsider before deeding half of property to boyfriend Q: I'm buying a new house. I qualified for the loan, but my boyfriend (we have been engaged for three years) put up half the down payment. Now that I've closed, I want to deed half of the property to him. How do I do this? A: In our humble opinion, don't. Transferring title to him probably violates a provision in your mortgage.
Ask George and Chuck: Seller typically pays title insurance during sale
Ask George and Chuck: Seller typically pays title insurance during sale Q: I'm selling my home and am so confused. If the buyer wants title insurance, why don't they buy it? My real estate agent says the seller always pays. A: It's custom and usage in the industry. Seller typically pays, but there are two boxes to check to address this issue, so you can select buyer if you want.
Ask George and Chuck The experts offer follow-up to seller's disclosure query
Ask George and Chuck The experts offer follow-up to seller's disclosure query Q: This question continues from last week. It is repeated here: "I am a real estate broker with a question regarding seller's disclosures. Is an investor/seller offering seller financing exempt from providing a seller's disclosure? A title company advised us that since the investor/seller is the mortgagee holding the lien, he is exempt because he is a lienholder. I think this is incorrect.
Ask George and Chuck: Children of deceased homeowner now have title to property
Ask George and Chuck: Children of deceased homeowner now have title to property Q: My mom died and had no will, so my brother and I own the house. How do we get title into our names? A: You already have title. Title passes to the heirs upon death of the decedent. We assume you were the only heirs. When you get ready to resell, you will need affidavits of heirship from non-family members and the death certificate for your mom. If your dad has died, his interest will have to be accounted for as well.
Ask George and Chuck: Does seller financing mean no seller disclosure?
Ask George and Chuck: Does seller financing mean no seller disclosure? Q: I am a real estate broker with a question regarding sellers disclosures. Is an investor/seller offering seller financing exempt from providing a sellers disclosure? A title company advised us that since the investor/seller is the mortgagee holding the lien, he is exempt because he is a lien holder. I think this is incorrect. Is the title company referring to Par. 7e(3) of Sec.
Ask George and Chuck: Seller could face action for shortcuts in flood damage repairs
Ask George and Chuck: Seller could face action for shortcuts in flood damage repairs Q: Five units on one end of a 12-unit building in a multi-building condominium complex built in the 1970s were flooded during Harvey in early September. One of the flooded units was vacant and for sale-by-owner before, during and after the storm.
Ask George and Chuck: In thriving Houston post flood, home values should rise again
Ask George and Chuck: In thriving Houston post flood, home values should rise again Q: My home flooded. Does it have any value anymore? A: Being long-term Houstonians, we can assure you that values come back. It seems impossible and depressing at the time, but memories of the flood subside, new buyers come into the market, and the "Noah's flood of 2017" will be history. Houston is still a thriving metropolis. Q: I have a home, and a neighbor wants to buy it for their parents.
Ask George and Chuck: TREC: Continuing ed instructors now must pass exam
Ask George and Chuck: TREC: Continuing ed instructors now must pass exam Q: I've been teaching continuing education for real estate licensees for 20 years. TREC now says I must take and pass an exam before I teach next year. Why do I have to comply with this? A: TREC wants to confirm a minimum level of competence in its approved continuing education instructors, so don't gripe about it - get to studying. Q: Why does the TREC contract specify a general warranty deed?
Ask George & Chuck: When tenant bankrupt, landlord can still collect rent
Ask George & Chuck: When tenant bankrupt, landlord can still collect rent Q: I am a landlord for a residential investment property. My tenant has just declared Chapter 13 bankruptcy. Can I continue to get my rent? A: Yes, but the court has to approve a plan. Contact a bankruptcy lawyer to guide you through this process. It can be complicated, and this area of the law is pretty specialized. Q: My uncle died and left me his house. I moved into it and no one cared, not even his children.
Ask George and Chuck: Buyer is hesitant about signing home contract
Ask George and Chuck: Buyer is hesitant about signing home contract Q: I'm buying a new home from a builder. The contract they have provided to me is so onerous and one-sided, I'm afraid to sign it. The builder can walk away if there is a dispute, all change orders must be paid in cash in advance, and they won't give me a final completion date. Do I have to sign this? A: Well, no. You can change builders. Get background checks and talk to other builder customers.
Ask George and Chuck: JP court can assist with suing landlord for deposit return
Ask George and Chuck: JP court can assist with suing landlord for deposit return Q: I recently was forced to vacate the home I was renting due to flooding. My landlord refuses to return my deposit because he says I left the premises in deplorable condition. Where do I go from here? A: go to the local justice of the peace court and sue him. You don't need a lawyer and you may be able to get multiple damages if you gave him your forwarding address and 30 days have passed.
Ask George and Chuck: Sale of rental home doesn't terminate tenant's lease
Ask George and Chuck: Sale of rental home doesn't terminate tenant's lease Q: If I sell my rent house, does the buyer have to recognize the rights of the tenant, or does the lease terminate? A: It does not terminate the lease. You agreed to give the tenant possession for a certain period of time, so you must honor the agreement. Any buyer would see that a tenant is in the premises, and the buyer is on notice that the tenant has the exclusive right of possession.
Ask George & Chuck: Post-Harvey, buyer is all set for closing, needs flood insurance
Ask George & Chuck: Post-Harvey, buyer is all set for closing, needs flood insurance Q: I have a house under contract to purchase and then came Hurricane Harvey. This house did not flood, but now I'm worried about mold and the neighbors who did flood. What do I do? A: Welcome to Houston. The standard contract gives you the option of walking away or getting the insurance process assigned to you in the event of damage. You have no damage. Go close and buy flood insurance.
Ask George & Chuck: Title company will delay insuring property due to previous tax sale
Ask George & Chuck: Title company will delay insuring property due to previous tax sale Q: A client gave me a listing to sell an investment home. He bought the property at a property tax sale several months ago. We got a contract in, but the title company says they cannot insure it for two years because of the tax sale. What is this all about? A: Well, your client obviously didn't know the law.
Ask George & Chuck: Title company must be agreed upon by both parties
Ask George & Chuck: Title company must be agreed upon by both parties Q: I received a contract to sell my house, and the buyer is insisting on using a different title company than I want to use. It appears to be a deal breaker for them, and it makes me mad. Do I have to agree to their title company? A: No, the title company needs to be agreed to by both parties. However, coverage is the same, the rates are the same, so why does it make such a big difference to you?
Ask George & Chuck: Incorporation provides protection, flexibility, tax advantages
Q: I'm getting ready to purchase a residential property for investment. My friends tell me I should incorporate or form another business entity to protect my personal liability. Is this a good idea? A: In general terms, yes. It does protect your personal liability so long as you treat it like a business, have meetings and don't sign anything personally. Your choice of entity is up to you. Most think you have more flexibility and tax advantages as a Texas Limited Liability Company (LLC).
Ask George and Chuck: Relocator questions signing certain TREC form
Ask George and Chuck: Relocator questions signing certain TREC form Q: I'm moving to Texas and am looking for a house to buy. Every time I talk about making an offer, the agent puts a form in front of me to fill out. The Texas Real Estate Commission publishes it. Can I use their form without purchasing the form? It seems so odd. A: This form is the product of the Texas Real Estate Commission's broker/lawyer committee. This committee was created by Texas law in the late 1970s.
Ask George and Chuck: Adverse possession of neighbor's home could prove successful
Ask George and Chuck: Adverse possession of neighbor's home could prove successful Q: When my neighbor died 30 years ago, I took over her property, have been paying taxes on it, and using it all the time. Her son now says it belongs to him and has told me to get off of it. I think I now own it by adverse possession. How do I tell the world it is now mine, and squash her son's claim? A: Not a simple answer.
Ask George and Chuck: Renter not leaving after seller's offering of temporary lease
Ask George and Chuck: Renter not leaving after seller's offering of temporary lease Q: I bought a new home recently and signed a seller's temporary lease form allowing the seller to stay there for two more weeks. After that, the seller had to pay $150 per day rent as a holdover tenant. The seller refuses to leave, and the real estate agent says I can't evict them since they are paying the rent. What can I do? A: Where did the real estate agent go to law school?
Ask George and Chuck: 'Lis pendens' preventing title company from insuring
Ask George and Chuck: 'Lis pendens' preventing title company from insuring Q: We put a house under contract to purchase and the title commitment said the husband of the seller had a lis pendens filed against him. The wife knows nothing about it and the husband just seems confused. The title company will not insure title. Everything has come to a complete standstill. What is a lis pendens? Is there any way we can clear this up? A: Not without a lawyer.
Ask George and Chuck: Property owner should research before doing online B&B
Ask George and Chuck: Property owner should research before doing online B&B Q: I want to lease a house through an online bed and breakfast. It seems I can lease it out for one or two nights and make enough to pay my mortgage. What are the downside risks to this? A: Online B&Bs are a fad. You can make pretty good money leasing your house for a weekend or a few nights utilizing a national network of advertising. There are issues, though. For example: Are they subject to the city hotel tax?
Ask George and Chuck: Owner looks to protect investment with encroachment issue
Ask George and Chuck: Owner looks to protect investment with encroachment issue Q: I am a real estate broker who helped my son buy a triplex with an existing consent to encroach with the City of Houston on the advice of a real estate attorney, who advised to proceed with the sale with the existing consent. This consent to encroach was obtained by the second owner of record for a term of 30 years. There are 22 years remaining. The second owner then lost the property through foreclosure.
Ask George and Chuck: Man's refusal to get woman's signature can put title in question
Ask George and Chuck: Man's refusal to get woman's signature can put title in question Q: I'm buying a rental house as an investment. A couple owns the house, but it is in his name only. He absolutely refuses to get his wife's signature on anything: the contract, deed, or any other closing documents. Am I running a big risk by buying this? A: Well, if his wife doesn't know he's selling it and he keeps the money, the wife may challenge your title.
Ask George and Chuck: Financing for daughter can supplement owners' income
Ask George and Chuck: Financing for daughter can supplement owners' income Q: We are retired and considering financing a house for our daughter to supplement our income. It depletes our retirement funds, but increases our monthly income. Is this a good idea? A: We think so, and this is becoming more common. Your kids get easy financing, you have an increased income earning interest. The only problem is your living child tearing up the house and then defaulting on the loan. Good luck with it.
Ask George and Chuck: Don't assume broker should have disclosed a flooding issue
Ask George and Chuck: Don't assume broker should have disclosed a flooding issue Q: I bought a house that has flooded. The flooding was never disclosed to me. Shouldn't my broker have discovered this? A: How? Did the broker see it flooded? Did the seller disclose that it had flooded in the seller disclosure form? There's a good chance the broker didn't know, and a broker can't disclose a fact that they don't know. Ask a few more questions before you go to a lawyer.
Ask George & Chuck: Including wife in title to house requires legal advice
Ask George & Chuck: Including wife in title to house requires legal advice Q: I bought a home several years ago. I have since gotten married and my wife wants to be on the title to the house. Can I just convey one half to her? A: It isn't that simple. If she pays nothing for it, it might be her separate property as a gift. It may not be a part of the community estate then. If there is no conveyance, it is still her homestead and you can't sell it without her agreeing to it.
Ask george and chuck: Relatives from Michigan need a deed of trust to buy a house in Houston
Ask george and chuck: Relatives from Michigan need a deed of trust to buy a house in Houston Q: I want to finance the purchase of a home in Houston for some relatives. I will be the lender, but live in Michigan and was just informed we had to have a deed of trust. Aren't there mortgages in Texas? A: Great question. In Texas, we use a deed of trust as a mortgage almost exclusively. It allows for simple foreclosure procedures under Texas law. Many states don't recognize a deed of trust at all.
Ask George and Chuck: Is WPI-8 certificate required for Friendswood residence?
Ask George and Chuck: Is WPI-8 certificate required for Friendswood residence? Q: I purchased a home in Friendswood 2016. The seller's disclosure document said the roof was replaced in 2014. When I went to shop for homeowner's insurance, I found the seller did not get a WPI-8 windstorm certificate because their insurance did not require it. Does a seller have to disclose not obtaining a WPI-8 certificate? I'm from out of state and was not aware of WPI-8.
Ask George and Chuck: Is home buyer in default after switching lenders?
Ask George and Chuck: Is home buyer in default after switching lenders? Q: I have my house under contract to sell. We are supposed to close in the next two weeks. Suddenly, the buyer changed lenders, and everything is delayed. Isn't he now in default? A: Yes, if he doesn't close on the agreed date. If he is past his contingency period, he will also lose the earnest money. Getting a loan today is nothing like it used to be.
Ask George and Chuck: Seller doesn't have to pay commission if friend not licensed
Ask George and Chuck: Seller doesn't have to pay commission if friend not licensed Q: I have friend who has found a property for me to purchase. He helped me negotiate the transaction, gave me comparable sales data, and helped me prepare a TREC contract form. The seller refuses to pay him a commission after he did all the work. Doesn't he have any rights in this situation? A: Is your friend licensed? If not, there are civil and criminal penalties for paying a commission to an unlicensed person.
Ask George and Chuck: Divorce lawyer required to straighten out reader's lien issue
Ask George and Chuck: Divorce lawyer required to straighten out reader's lien issue Q. I put my house on the market. My real estate agent pulled title information that indicated my ex-wife had run up a bunch of debt and created liens on the property. How can I clear this up? A. Call your divorce lawyer. If you were awarded the house in the divorce, she should have deeded her interest to you. Check your divorce decree, too. If you each still own one half, her half creates a real problem.
Ask George and Chuck: Can helpful relative foreclose on non-paying nephew?
Ask George and Chuck: Can helpful relative foreclose on non-paying nephew? Q: I loaned money to my nephew to help him out of a jam. He gave me a note and deed of trust on his home to secure his repayment. I'm negligent, haven't tried to collect anything for six years or so. Now I'm fed up with the situation. Can I foreclose on him? A: Probably not. You have a statute of limitations problem (four years) and a homestead problem if the property is his homestead.
Ask George & Chuck: You can take title to new property when involved in divorce
Ask George & Chuck: You can take title to new property when involved in divorce Q: My partner and I are getting a divorce. I am buying a new house and the closing is occurring before our divorce is final. Can I take title to the property as my separate property while we are still married? A: Yes. You'll have to have a separate property agreement and record it in the real property records of the county in which the property is located.
Ask George and Chuck: Homeowner doesn't want to remove oak for HOA's repairs
Ask George and Chuck: Homeowner doesn't want to remove oak for HOA's repairs Q: The HOA in my community has sent a letter to about 30 residents in a community of 222 homes making those residents aware that their driveway and/or sidewalk needs repair or replacement. Within 10 feet of my driveway there is a 39-year-old, beautiful oak tree whose large roots, over the years, have grown under the driveway, causing the driveway to elevate and crack severely.
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