• September 04, 2020
  • Category: FAQ

As an established Dallas real estate firm, we meet with many clients who need to clarify who owns their property. Sometimes, they are worried that ownership might be unclear because the property was deeded by quitclaim deed or they are fighting off an adverse possession. Whenever there is a cloud over the title to property, a quiet title action is a must. To quiet title, Texas law allows you to file an action in court. You should understand the requirements, which we explain below. Identify Your Right to Title Typically, someone is trying to claim ownership of property that is yours. To bring a successful quiet title action, Texas law requires that you convince a judge that you have superior title. For example, you might have a deed in your name or a promissory note. Find your evidence and meet with an attorney for help building a case. Draft a Petition You file a petition in court which should identify the parcel and provide background detail about the dispute. You should also refer to any claim being made by a different party. A petition needs to be in a certain form, so try to find a sample or get a blank form from the local court house, if one is available. You should also consult with an attorney if you need help. A suit to quiet title Texas is high stakes, and you don’t want to make any errors that weaken your case. File a Petition in Court and Send Notice You will have to pay a filing fee when you take your petition to file. Call the court clerk ahead of time and ask how much it costs. Also find out what methods of payment the court accepts. Once you file, you will need to serve a copy of the petition and other paperwork on the other party to the dispute. Texas law has strict rules for giving proper service, so make sure you understand them. An attorney can make sure you comply with the law. Read the Response The other party to the dispute will file a response to your complaint and send you a copy. You should read it carefully, noting what arguments the other side is making. Often, they will disagree with your factual allegations and allege they have superior title. Attend a Hearing Each side can present evidence on their behalf at the hearing. Evidence can take many forms, including documents or witness testimony. Each side can also cross examine the other’s witnesses. At the end of the hearing, the judge should make a decision. If you win, the judge will sign an order nullifying any other claims to the property. This will make you the sole, clear owner of the disputed property. Get the Legal Help You Need Trying to quiet title can be very complicated, and you might benefit from the experience of a Dallas real estate attorney by your side. For assistance, please contact Khirallah PLLC today. We have helped many clients establish their rights to real estate, and we will move quickly on your behalf as well. You can schedule an initial consultation by calling 214-302-0462.

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  • November 26, 2019
  • Category: FAQ

When you miss a payment on your home loan, your lender can start the foreclosure process. According to data provided by RealtyTrac, approximately 40,000 foreclosures were initiated in Texas in 2018 alone. Unfortunately, lenders do not always act in good faith when foreclosing on borrowers. If you were the victim of a wrongful foreclosure, you deserve a lawyer knowledgeable in this area to help you. At Khirallah PLLC, our wrongful foreclosure lawyer can help you determine whether you have a wrongful foreclosure case and how to protect your rights. Here, we provide an overview of what you need to prove to bring a successful wrongful foreclosure claim in Texas. Of course, if you have any specific questions about your case, you should contact an experienced wrongful foreclosure lawyer right away. Texas Wrongful Foreclosure Cases Before a foreclosure can occur, the lender must take the proper steps according to the law; and sometimes the proper steps are missed. To prevail in a wrongful foreclosure lawsuit, a borrower must prove that the lender, in some manner, engaged in improper conduct. In Texas, plaintiffs in a wrongful foreclosure case sue for various types of claims: Negligence Fraud Negligent misinterpretation Wrongful foreclosure Breach of contract Cases Against Your Bank for Wrongfully Foreclosing on Your Home A foreclosure is wrongful for many different reasons and Khirallah PLLC is here to make sure that lenders follow the rules; however, if they do not follow these rules, we are here to help the borrower. Some of the most common examples include: Processing errors in your loan; Miscommunication between the lender and other parties; Improper advice from lender — such as to fall behind on mortgage payments in order to qualify for a loan modification; Predatory tactics; Failure to give the proper notices; Failure to accelerate; and Misapplication of payments. If you are facing foreclosure, it is imperative that you seek immediate assistance from a professional. You only have a limited amount of time to take action to protect your rights. Contact an experienced Texas wrongful foreclosure attorney immediately. Remedies Available for Wrongful Foreclosures in Texas Victims of wrongful foreclosure deserve justice. As a general matter, there are two types of remedies available in a Texas wrongful foreclosure lawsuit. If successful in pursuing a wrongful foreclosure claim, a plaintiff may be entitled to: Have the foreclosure proceedings halted and dismissed, Recover financial compensation for any damages, or Have the foreclosure sale voided. Our law firm fights for the rights of borrowers who have faced an unlawful foreclosure on their home. If your mortgage lender violated the law, we will help you get justice and full and fair support for your damages.  Speak to Our Texas Wrongful Foreclosure Attorney Today Rachel Khirallah is an experienced wrongful foreclosure lawyer. If you are wrongfully facing foreclosure or if your property has already been foreclosed upon, she can help. With an office in Dallas, attorney Khirallah serves clients throughout the region, including in Fort Worth, Arlington, Frisco, and Plano. Contact us today.

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  • November 26, 2019
  • Category: FAQ

Whether you are having a problem with your mortgage lender, or dealing with a construction dispute, there is a lot on the line in a real estate dispute. You do not have to navigate these complex issues alone. If you are involved in a real estate dispute, you should speak to an experienced real estate attorney about your case. During an initial consultation, a real estate lawyer will be able to give you guidance on how to best protect your rights and move towards a successful resolution. At the office of Khirallah PLLC, our real estate attorney offers aggressive representation during any real estate dispute, and we will advocate for your best interests. Most Common Real Estate Disputes There are several types of disputes that can arise that require assistance from a real estate lawyer. For over a decade, Attorney Rachel Khirallah of Khirallah PLLC has focused on handling the full range of real estate disputes. She provides smart, efficient and aggressive representation for any dispute. Some of the most common real estate disputes in Texas include: Development and construction disputes; Commercial lease and residential lease disputes; Wrongful foreclosures; Failure to disclose defects; Reverse mortgage foreclosures; Title disputes, including claims against your title company; Property line and boundary disputes Breach of real estate contract disputes; Land use disputes including deed restriction disputes; and Real estate fraud. Regardless of the specific nature of your case, it is imperative that you consult with an experienced real estate litigation attorney right away. The sooner you take action, the easier it will be to find an effective solution. How Our Dallas Real Estate Lawyer Will Protect Your Rights We have extensive experience representing individuals and businesses in real estate matters. Our law firm is committed to providing clients with assertive, sophisticated, and fully personalized legal guidance. Among other things, our top-rated Texas real estate attorney will: Conduct a comprehensive review of your case; Explain your rights and options to you; Zealously represent you; Investigate your dispute — obtaining relevant documents and records, and always be ready for trial. Real estate disputes can be complicated. Our Texas Real Estate Lawyer aggressively works on your behalf to make sure your interests are protected and that best potential outcome possible. Get Help From a Texas Real Estate Litigation Attorney Today Rachel Khirallah is an experienced real estate litigation attorney. If you are involved in a real estate dispute, Attorney Khirallah is standing by, ready to help. Contact our legal team today for a fully confidential review of your case. With a law office in Dallas, we serve communities throughout North Texas.

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