Homeowner needs to correct pressing taxation issue
Q: I bought a house in Fort Bend County that is my homestead. My daughter bought a house in Harris County. I guaranteed her note and they put my name, along with hers, on the deed to the Harris County property. She has declared that property her homestead. Fort Bend County has denied my homestead exemption for real estate taxes, saying I can only have one homestead. The Harris County property is hers, not mine. How can they do this?
A: Well, they did. You need to get to the Fort Bend appraisal district and explain the situation. They are correct that you can only claim one property for the tax exemption. Each county has its own rules on how they handle these things. It probably will want you to convey your interest in the Harris County property to your daughter. Make sure your lender will let you do this, as it may violate the terms of your mortgage. The people at the appraisal district don’t bite, let them walk you through their process.
Q: I bought a house from a real estate broker. I paid him the money, we went to a “closing” at a title company, but I have never received the deed or a title policy. What do I do now?
A: You’ve been scammed. File a complaint with the Texas Department of Insurance; the title company can’t charge you a premium and not issue a policy. Also, file a complaint with the Texas Real Estate Commission. The real estate license holder has defrauded you and stolen your money.
Q: Do I have to disclose that my husband died in our house? My real estate agent says I do not, but I’m so uncomfortable not disclosing it.
A: The law says you don’t have to disclose a death in the house if it was the result of natural causes, accident unrelated to the condition of the premises, or suicide. We presume a death from any other cause should be disclosed. The easy rule, though, are your feelings about it. When in doubt, disclose, and sleep well at night without that worry.
Q: I work for a real estate company that advertises itself as “_________ properties”. TREC says this is improper. I just took my continuing education course and the instructor really emphasized this. Now I’m worried. What’s the rule here?
A: The most recent Legislature just said TREC couldn’t enforce this, and TREC has changed its advertising rules. The CE instructor wasn’t current on this issue.
Q: I’m selling a rental house that I have had for over 40 years. The title company said I didn’t have good title because of defects in deeds dated 1916 and 1963.
My prior title company is no longer in business. What do I do now?
A: Adverse possession should take care of these issues. You’ll probably need affidavits of possession and title company underwriter approval. This will take a little time, so be patient and work with them. See what can happen if a title company goes out of business? Choose them carefully.
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, 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.