Austin Foreclosure Lawyer, Texas

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Benjamin Sanchez
About | Practice Areas
Sanchez Law Firm
150 W. Parker Rd. 3rd Floor Houston, TX 77076» view map
Real Estate
Excellence In Action

We advocate for our clients in and out of court. When you and the system meet head on, you need an attorney who is experienced, credible, and active.

800-785-3351
1. Benjamin Sanchez Houston, TX
  Attorney at Law - TX, 1998
  University of Houston J.D. 1997
2. AboutSanchez Law Firm
  Excellence In Action
3. Practice AreasExpertise
  Real Estate
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800-923-0641

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LEGAL TERMS

OFFER

A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some... (more...)

A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.

ACT OF GOD

An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake or even the sudden death of a person. An act of God may be a defense aga... (more...)

An extraordinary and unexpected natural event, such as a hurricane, tornado, earthquake or even the sudden death of a person. An act of God may be a defense against liability for injuries or damages. Under the law of contracts, an act of God often serves as a valid excuse if one of the parties to the contract is unable to fulfill his or her duties -- for instance, completing a construction project on time.

EXPRESS WARRANTY

A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most expres... (more...)

A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most express warranties come directly from the manufacturer or are included in the sales contract. If you want to hold the seller to an oral guarantee, it's best to get it in writing or have witnesses to the guarantee so that it doesn't come down to your word against the seller's if a problem arises.

LEASE OPTION

A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to b... (more...)

A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance. A lease option is often a good arrangement for a potential home buyer because it lets him move into a house he may buy without having to come up with a down payment or financing at that time.

MARITAL DEDUCTION

A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions a... (more...)

A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions as an exemption) allows anyone, even a billionaire, to pass his or her entire estate to a surviving spouse without any tax at all.

DOWN PAYMENT

A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the... (more...)

A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the balance remaining, and pays it off in monthly installments over time.

NONCOMPETITION AGREEMENT

An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party ... (more...)

An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party for a specific period of time and within a particular area. Salespeople, for example, often sign noncompetition agreements that prevent them from using the contacts gained by one employer to benefit another employer. Or a salesperson may sign what is known as a 'noncompete,' agreeing not to sell within a particular area, or even work in the same type of business. In some states, such as California, courts view noncompetition agreements with disfavor and will not enforce them unless the restrictions are very narrow. In other states, courts routinely uphold them.

PRECEDENT

A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)

A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

SAMPLE LEGAL CASES

Sauceda v. GMAC Mortg. Corp.

... In two issues, the Saucedas contend that GMAC waived its objections to their affidavits and that the trial court erred in granting summary judgment on their wrongful foreclosure and breach of contract claims. We reverse and remand. ... 1989)). B. Wrongful Foreclosure. ...

Williams v. Bank of New York Mellon

... The deed of trust also stated that if appellant did not surrender possession of the property after it was sold, he "shall be a tenant at sufferance and may be removed by writ of possession or other court proceeding." In 2009, the property was posted for foreclosure and was sold to ...

EMC Mortg. Corp. v. Jones

... By December 2002, Washington Mutual had scheduled a foreclosure sale for May 6, 2003. ... Because of the potential loan modification, Washington Mutual directed that the May foreclosure sale be postponed until June 3, 2003. ...

Austin Foreclosure Lawyer, Texas

Sponsored Law Firm

Sanchez Law Firm

SPONSORED LAWYERS

William T. Peckham

Frank E. Scofield

Terry L. Belt

Derek Robert Van Gilder

Les David Romo

Randall B. Wilburn

James W. Goldsmith

Amanda M. Diaz

Joseph F. Brophy

Douglas A. Fohn

TIPS

LEGAL TERMS

OFFER

ACT OF GOD

EXPRESS WARRANTY

LEASE OPTION

MARITAL DEDUCTION

DOWN PAYMENT

NONCOMPETITION AGREEMENT

PRECEDENT

BASIS

SAMPLE LEGAL CASES

Sauceda v. GMAC Mortg. Corp.

Williams v. Bank of New York Mellon

EMC Mortg. Corp. v. Jones

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