05 November

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The HOA Foreclosure

Henry had dreamed of supplementing his income with real estate investments for as long as he could remember. But it was hard. His current house, the one in which he and Ginny lived in Frisco, Texas, with their two children, had twenty years remaining on the mortgage. They had two car payments and two credit cards. His wife giggled at his periodic exuberance for the idea. Henry often checked the foreclosure lists posted on the websites of the Denton County Clerk and Collin County Clerk. However, a friend, Abe, who had recently started purchasing foreclosed real estate, told him about a different foreclosure list. Abe said, “You’ve been looking at...

21 December

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Estate Planning Documents

Posted by Robert Newton

in Estate Planning

Estate planning documents comprise a set of documents that manages your affairs in the event of disability or incapacity and after your death. In Texas, they include a Last Will & Testament, Durable Power of Attorney, Medical Power of Attorney, Directive to Physicians, Living Trust, and Transfer on Death Deed, among other documents. Last Will and Testament The Last Will and Testament is a document that tells the world, and, more specifically, the court, how you would like your estate distributed. Even if the will is never used, it is important that everybody has a will because it helps transfer legal title...

17 December

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The Nomenclature of Texas Business Entities

Posted by Robert Newton

in Business Law

The Governing Hierarchy of business entities is quite confusing to many people. However, it is important to understand the difference between the positions and titles as they relate to the various types of entities available. In Texas, the most popular types of business entities include corporations, limited liability companies (LLCs), and partnerships. Each type of business entity has its own nomenclature and types of governing documents. The governing documents are what form the rights, obligations, and duties of the investors and governing body. A separate post will address the differences in the governing documents. Corporations Corporations are comprised of stockholders, a board of...

11 December

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Perils of Buying a Business

Posted by Robert Newton

in Business Law, Real Estate Law

Buying a business is a big decision. It is also an adventure. It starts with finding a business that meets one’s requirements. Then, buyers should hire an attorney to draft an asset purchase agreement or stock purchase agreement that describes the rights and obligations of the buyer and seller, as well as, the applicable time tables for the sale. Many buyers do not understand the importance of the purchase agreement, but it is an essential part of the buying process. Similarly, many sellers do not understand the importance of a due diligence period. Due diligence periods are critical to the purchase...

26 June

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Texas LLC’s and Corporations

Posted by Robert Newton

in Business Law

Several different types of business entities exist in the State of Texas. Here, I will speak to the more popular ones, the corporations and limited liability companies. Corporation Corporations are probably the most statutorily recognized entity. Most of the stock listed on the stock exchanges are corporations. In Texas, they carry the moniker “Inc.,” “Corporation,” “Incorporated,” “Corp.,” “Company,” or “Co.” after its trade name. The owners of a corporation are called stockholders or shareholders. The distributions of profits received by stockholders are called dividends. The stockholders must hold meetings annually. At the annual meeting, stockholders elect a board of directors. The board of...

02 June

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How Do I Make a Guest Leave in Texas

Posted by Robert Newton

in Litigation, Real Estate Law

How does the law differentiate between tenants and guests in Frisco, Texas. That is a good question, and one that I receive from time-to-time. Unfortunately, there is no one real good answer. The best we can do is look at existing case law and what little the Texas Property Code says on the topic. Section 92.001 of the Texas Property Code defines a tenant as … “a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay...

21 May

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A Glance at Commercial Leases in Texas

Posted by Robert Newton

in Business Law, Real Estate Law

Office leases, restaurant leases, shopping center leases, single-use tenant leases, build-to-suit leases, industrial leases, and ground leases, among others, are common types of commercial leases used in Frisco, Texas. Even though they differ in the specific verbiage, each type of lease has some very common attributes. Possession and Term Possession is obviously the most important and common attribute, being the centerpiece of any type of lease. The term of the lease for possession of the premises is varies depending upon the type of lease. Usually, commercial leases have longer initial terms than residential leases. However, self-storage leases and some office-suite leases can...

16 May

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Texas Evictions

Posted by Robert Newton

in Business Law, Litigation, Real Estate Law

Residential evictions are statutorily driven in Texas. They are governed by Chapter 24 of the Texas Property Code, as well as, Rule 510 of the Texas Rules of Civil Procedure. To begin the eviction process, a landlord must provide a notice to vacate. State law requires three days’ notice unless a written lease provides a different notice provision. The notice must be delivered by mail or personal delivery, although it can also be affixed to the inside of the main entry door, or, on some occasions, on the exterior of the main entry door. Following the expiration of the time prescribed in...

15 May

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Supreme Court Allows Sports-Betting – What does it Mean for Frisco?

Posted by Robert Newton

in Business Law, Elections, Government/Legislation, Real Estate Law

On May 14, 2018, the Supreme Court of the United States held that the provisions of the Professional and Amateur Sports Protection Act (PASPA) restricting states from allowing sports betting is unconstitutional. It will be a popular decision in the sense that it will make headlines around the country. Various angles of the holding could be written in multiple sections of the daily newspaper. It appeared on every television set during the local and national news broadcasts. And, one can bet, it will be among the hottest topics debated by the candidates in Texas’ next election season. The issue in Murphy...

10 May

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What is a Partition?

Posted by Robert Newton

in Estate Planning, Litigation, Probate, Real Estate Law

In its simplest form, partition means a division of some object or idea. In everyday life, it probably most frequently refers to the division in a room, such as the sliding heavy curtains separating Sunday School classes at church. In a legal sense, though, it means the division of an interest. Although partition can apply to an interest in any asset, partitions typically arise in regards to real property. Further, courts review two primary types of partitions, a partition-by-sale and a partition-in-kind. As one might have figured, a partition-by-sale means that a court requires a sale of the property. A partition-in-kind...

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