Hamilton Foreclosure Lawyer, Texas
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Hamilton, TX 76531
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Connie Z. White
Commercial Real Estate, Welfare, Wills, Elder Law
Status: In Good Standing Licensed: 44 Years
Hamilton, TX 76531
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Edwin Erle Powell
Real Estate, Wills & Probate, Elder Law, Government
Status: In Good Standing Licensed: 53 Years
Gatesville, TX 76528
Profile LAWPOINTS™19/100
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LEGAL TERMS
HEIR
One who receives property from someone who has died. While the traditional meaning includes only those who had a legal right to the deceased person's property, ... (more...)
One who receives property from someone who has died. While the traditional meaning includes only those who had a legal right to the deceased person's property, modern usage includes anyone who receives property from the estate of a deceased person.
IMPLIED WARRANTY OF HABITABILITY
A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in ... (more...)
A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in most states may legally withhold rent or take other measures, including hiring someone to fix the problem or moving out. See constructive eviction.
FUTURE INTEREST
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian,... (more...)
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian, but only after the death of his wife, Hillary. Marian has a future interest in the house.
LEASE
An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an ... (more...)
An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an apartment or business property) or personal property (such as a car or a boat). A lease should cover basic issues such as when the lease will begin and end, the rent or other costs, how payments should be made, and any restrictions on the use of the property. The property owner is often called the 'lessor,' and the person using the property is called the 'lessee.'
WORK MADE FOR HIRE
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright own... (more...)
A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright owner of a work is the person who pays for it, not the person who creates it. The premise of this principle is that a business that authorizes and pays for a work owns the rights to the work. There are two distinct ways that a work will be classified as 'made for hire.'the work is created by an employee within the scope of employment; or the work is commissioned, is the subject of a written agreement, and falls within a special group of categories (a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an atlas, an instructional text, a test, or as answer material for a test). The work made for hire status of a work affects the length of copyright protection and termination rights.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
ARBITRATION
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.
COOLING-OFF RULE
A rule that allows you to cancel a contract within a specified time period (typically three days) after signing it. Federal cooling-off rules apply this three-d... (more...)
A rule that allows you to cancel a contract within a specified time period (typically three days) after signing it. Federal cooling-off rules apply this three-day grace period to sales made door-to-door and anywhere other than a seller's normal place of business, such as at a trade show. Another federal cooling-off rule lets you cancel a home improvement loan or second mortgage within three days of signing. Various states have cooling-off rules that sometimes apply even longer cancellation periods to specific types of sales, such as dancing lessons and timeshares.
HOMEOWNERS' ASSOCIATION
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.
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. ...
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