Can helpful relative foreclose upon their nonpaying nephew?
Q
: I loaned money to my nephew to help him out of a jam. He gave me a note and deed of trust on his home to secure his repayment.
I’m negligent, haven’t tried to collect anything for six years or so.
Now I’m fed up with the situation. Can I foreclose on him?
A
: Probably not. You have a statute of limitations problem (four years) and a homestead problem if the property is his homestead.
A loan for money advanced is not a valid lien against a homestead under Texas law.
The best rule, in our opinion, is don’t make loans to relatives.
Q
: I’m a real estate agent and have a listing on a house. All of a sudden, the homeowners hate me. They won’t return my phone calls, and when they do they say hateful things and won’t cooperate. What to do?
A
: Our experience tells us that there is probably something else going on here. There may be some personal or financial issues that are not being disclosed to you. Talk to your sponsoring broker, but it may be easier to give this one up and go work with someone who appreciates your efforts.
Q
: I put my house on the market, got a contract on it and the survey shows that my driveway encroaches on my neighbor. My old survey doesn’t show this, but my neighbor’s survey does show it. Both surveys are done by qualified surveyors. How can this be?
A
: We know more surveying stories than we can count. There are any number of ways this can happen. Some surveyors set their own pins, some subdivision plats are inaccurate, some don’t even survey the property on the ground. The best way through these issues is to execute a boundary line agreement, record it and move forward with the sale.
Q
: I’m a commercial tenant in a shopping center. My landlord says I am too loud (I have a studio and play music) and will lock me out and evict me. Can he do that?
A
: It depends on your lease. A landlord may not intentionally prevent a tenant from entering the premises except under certain circumstances. Being loud is not on the list. If the lease provides for decibel level limitations, though, you may be in breach. Get thee to a lawyer experienced in handling these matters.
Q
. We were at a closing when the seller’s husband got mad, and streamed some unbelievable comments that were mean and nonsensical. The wife explained that they were going through a difficult divorce and her husband “wasn’t himself anymore”. He came across like a nut. How can we get this deal closed?
A
. Maybe you can’t. Even if he returns to complete the closing, the title company may not be willing to take his acknowledgment. A party who is mentally unstable may come back later and allege he didn’t know what he was doing when he signed the documents.Title companies don’t want to take that risk.
We’ve experienced people coming to a closing drunk, with false IDs, fake cashier’s checks, and false documents. It’s a part of closings most of the public never sees.
To send a question visit www. AskGeorge.net and select the “Ask A Question” button. Answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.