Blogs

Do You Need A Lawyer To Transfer A Deed?

There are many circumstances in which the deed to a home or property may need to be transferred. You might think it seems straightforward enough that you can do it on your own without the help of a real estate lawyer, but with such an important document, it’s a good idea to hire a deed attorney to ensure that everything is done properly to avoid problems in the future. What Is a Deed? A deed is a written document that transfers ownership (title) of a home, land, or other property from one person to another. The previous owner is known as the seller or grantor, while the new owner is the buyer or grantee. Deeds [...]

Avoid These Mistakes When Setting up Your LLC

If you’re a small business owner, the decision to set up your own LLC is a big milestone—but it’s also one that can be fraught with anxiety. So many people who own their own businesses have a passion for what they do, but grappling with the accounting and legalities isn’t exactly in their wheelhouse. Here are some of the biggest mistakes small business owners make when establishing an LLC. 1. Not Forming Your LLC Locally You see many big businesses that are incorporated in Delaware or Nevada—if it’s a good idea for them, it must be a good idea for you too, right? Well, not necessarily.  It makes sense for larger businesses to incorporate in [...]

How COVID-19 Will Impact the Austin Real Estate Market?

Like realtors and mortgage brokers, real estate attorneys are getting the same question over and over again these days: what does COVID-19 mean for the real estate market? We wish we had a crystal ball and could give you the answer. Usually when we answer such questions, we base the answers on how the market has performed in the past, but we’ve never seen anything like the COVID-19 pandemic so the past can’t be used as a predictor. Here’s our best guess as to how Austin real estate will be impacted by the coronavirus. Should I Sell My House During the COVID-19 Pandemic? We’re lucky in Austin—the city is booming, the market is hot, and [...]

Builder’s Contracts and the Importance of Hiring an Attorney

There was a time when if you wanted new construction in the Austin area, you’d have to buy in a far-flung suburb. Now, everyone wants to live in the city itself, so older housing stock is being torn down and replaced with luxe new condos and houses. As more people flock to purchase custom homes in the city, we’ve seen an increase in buyers coming to us with issues with their builders after they’ve signed binding contracts.  The Problem With Not Hiring a Real Estate Attorney Let’s start by making it clear: we’re not blaming the victims here. Many people aren’t making the choice not to hire an attorney before signing on the dotted line—instead, [...]

Can You Stop A Foreclosure Once It Starts?

It’s a tough time for many Americans right now. The longer our economy is in crisis, the more people will struggle paying their mortgages. As attorneys who provide foreclosure assistance, we hear the same story from so many of our clients—they work hard, make the right choices, do everything by the book, and one job loss or catastrophic illness causes them to lose it all. The good news is that there are ways to stop a foreclosure once it starts.  Here’s what you need to know on how to prevent foreclosure. What Is a Foreclosure? Very few people can purchase a home outright; instead, we borrow money from a lender in the form of a [...]

Code Next for Austin: What Will This Do to Austin Real Estate?

Zoning might be the bane of your existence if you’re a developer, but its purpose is to protect property owners. When you purchase a home, you’re not just purchasing the structure itself, you’re also buying into a neighborhood—you like the look, the feel, the density (or lack thereof), etc. If you live in or around Austin, you’ve undoubtedly heard a lot about CodeNEXT. Whether you’re for it or against it, one thing is certain: it has the potential to radically change our neighborhoods. Here’s how that might impact Austin real estate. What Is CodeNEXT? When the core of Austin was first developed, there were no zoning laws. The current Austin land development code has more [...]

Can You Receive Money for the Government Shutting Your Business Down?

A number of my esteemed colleagues have suggested the government’s actions in ordering businesses to be shut down equates to a regulatory taking.  As all of us are aware, the COVID-19 virus has caused emergency shut down of almost everything including bars, restaurants, offices, etc. - basically anything where citizens frequent.  This is obviously causing great financial strain on all of us.  The U.S. Constitution in the 5th and 14th Amendments, and the Texas Constitution, provide protections for all citizens from the government's taking of private property.  In times of emergency though, it has been found that the government - via the Police Powers - are able to take or destroy private property without compensation. [...]

Coronavirus & Estate Planning: Do You Have Your Affairs in Order?

Whether you’re ready or not, the coronavirus is here. While you’re busy stockpiling the food and supplies you’ll need to weather the crisis, it’s also important to think about worst case scenarios. We tell ourselves that the purpose of social distancing and staying at home is to protect vulnerable populations, but the truth is that it’s not just the elderly and immunocompromised that are getting COVID-19. It’s also people like you and me; people in their 30s, 40s, and 50s, who have no underlying health issues, have also died from the coronavirus. The likelihood is lower in these populations, but the belief that “it won’t happen to me” is not based in reality. It [...]

How Can You Save Your House From Foreclosure?

There is an unfortunate stigma about foreclosure, but the truth is that foreclosure often occurs not due to poor financial management, but because of life circumstances homeowners have no control over. No matter the reason why you’re facing foreclosure, there are some steps you can take to help you stay in your home. Here’s what you should know. Loan Modification One of the best strategies for preventing foreclosure is to apply for a loan modification. There are two reasons for this. The first is the most obvious: if you can modify your loan, you may be able to afford your mortgage payments again, allowing you to stay in your home. If you can succeed [...]

How To Resolve Land Disputes

When it comes to property disputes, we don’t want your business. That may sound like a bold statement, but it’s true: if you have a property line dispute with a neighbor, nothing would make us happier than for you to resolve the matter together without involving an attorney. When you don’t get along with your neighbors, it can feel isolating and there may be tension with other neighbors as well. It’s not a good situation, so if it can be resolved amicably, it’s the best case scenario for everyone involved. Sometimes, though, property line disputes with neighbors cannot be resolved without the counsel of a qualified property dispute lawyer. That’s when our team at [...]