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Benjamin Sanchez
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Sanchez Law Firm
150 W. Parker Rd. 3rd Floor Houston, TX 77076» view map
Real Estate
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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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LEGAL TERMS

EVICTION

Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful det... (more...)

Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful detainer.'

SHORT SALE (OF HOUSE)

A sale of a house in which the proceeds fall short of what the owner still owes on the mortgage. Many lenders will agree to accept the proceeds of a short sale ... (more...)

A sale of a house in which the proceeds fall short of what the owner still owes on the mortgage. Many lenders will agree to accept the proceeds of a short sale and forgive the rest of what is owed on the mortgage when the owner cannot make the mortgage payments. By accepting a short sale, the lender can avoid a lengthy and costly foreclosure, and the owner is able to pay off the loan for less than what he owes. See also deed in lieu (or foreclosure).

LEGACY

An outdated legal word meaning personal property left by a will. The more common term for this type of property is bequest. Compare devise.

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.

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.

INCAPACITY

(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of abil... (more...)

(1) A lack of physical or mental abilities that results in a person's inability to manage his or her own personal care, property or finances. (2) A lack of ability to understand one's actions when making a will or other legal document. (3) The inability of an injured worker to perform his or her job. This may qualify the worker for disability benefits or workers' compensation.

EMINENT DOMAIN

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.

BREACH OF CONTRACT

A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)

A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'

CONSIDERATION

The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one for... (more...)

The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one form of consideration for another. Consideration may be a promise to perform a certain act -- for example, a promise to fix a leaky roof -- or a promise not to do something, such as build a second story on a house that will block the neighbor's view. Whatever its particulars, consideration must be something of value to the people who are making the contract.

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. ...

Houston Foreclosure Lawyer, Texas, page 3

Sponsored Law Firm

Sanchez Law Firm

SPONSORED LAWYERS

William E. Junell

Kyle R. Sears

Linda D. Emery

David Andrew Van Buskirk

Donald E Robinowitz

Keith E. Coulter

Michael C. Childs

Clinton E. Wells

Pamela S. England

Keith Grady

TIPS

LEGAL TERMS

EVICTION

SHORT SALE (OF HOUSE)

LEGACY

NONCOMPETITION AGREEMENT

COOLING-OFF RULE

INCAPACITY

EMINENT DOMAIN

BREACH OF CONTRACT

CONSIDERATION

SAMPLE LEGAL CASES

Sauceda v. GMAC Mortg. Corp.

Williams v. Bank of New York Mellon

EMC Mortg. Corp. v. Jones

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