Blogs

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 [...]

How To Deal With Neighbors Encroaching On Your Property

When we move into a new home, we envision ourselves having weekend barbecues with our neighbors, knocking on their door when we need a cup of sugar, and having someone to collect our mail and feed our goldfish when we’re on vacation. This idyllic vision can sometimes give way to a reality that’s much different: a neighbor who’s loud, doesn’t take care of their property, or encroaches on yours. While we can’t do anything to help the first two problems, a qualified real estate attorney can do a lot to stop your neighbors from encroaching on your property. What Is Encroachment? “I have a neighbor encroaching on my property—what do I do?” As real [...]

By |February 20th, 2020|Categories: Uncategorized|0 Comments

Why Do I Need A Lawyer To Sell My House?

The state of Texas does not require its residents to use a real estate attorney for the purchase or sale of a home. Does that mean you don’t need a real estate lawyer? Well, technically, you can go without one, but there are many situations in which it’s in your best interest to work with a qualified attorney like those at Kelly Legal Group. When to Use a Real Estate Attorney Your home sale may start off smoothly and then go sideways. You never know when problems might arise, which is why it’s a good idea to work with a real estate lawyer from the get-go. That said, we understand that since it’s not [...]

How To Resolve Conflicts With Your Neighbors

They say that good fences make good neighbors, but sometimes there aren’t enough fences in this world to make living next to some people tolerable. Loud backyard parties every weekend throughout the summer, dogs that seem to never stop barking, broken down cars in the driveway—there are many reasons big and small that your neighbors might get on your nerves. At Kelly Legal Group, we advise clients all the time on how to deal with less-than-ideal neighbors. Here are some steps to take to help you keep the peace. First: Are You the Problem? Sometimes we get to the point where everything our neighbors do, no matter how innocuous, seems like a major offense. [...]

Do Sellers Need to Hire a Real Estate Attorney?

Real estate negotiations can be tough. While real estate agents are often quite knowledgeable about property law and how it relates to the home buying process, sometimes issues escalate quickly and legal advice is needed. When this occurs, a skilled real estate lawyer is essential. Do Sellers Need to Hire a Real Estate Attorney in Texas? While some states require parties to be represented by real estate lawyers in all transactions, Texas does not. Buyers typically have more reason to hire an attorney than sellers do, but there are still many ways in which an experienced real estate attorney can guide and assist you throughout the process of selling your home.  One particular circumstance [...]