UNIT 5: JOHN MATHIS CONTRACTS

Transcription

1 TEXAS INTERACTIVE STUDY GROUP 1 UNIT 5: JOHN MATHIS CONTRACTS

2 Study Group Information 2 Information regarding the Study Group may be found at: At this location you will find: Calendar of discussion topics Links to discussion questions

3 Notes for Tonight Chat has now been switched to a Moderated Mode. 3 Presenter (John Mathis) will still see your Chat; however, the other students will no longer see Your chat unless either instructor sends your chat to the classroom. This will help preserve the anonymity of your answers. Even so, do not put anything into the chat that you would not want everyone to see.

4 Contact Information 4 Contact Information releadinstructortx@brightwood.edu If you would like to discuss something on the phone, please send your phone number in the and the best times to reach you.

5 TOPICS TO BE DISCUSSED: Unit 5: Special Topics 5 Community property Homestead Deceptive Trade Practices Act Wills and estates landlord-tenant issues Foreclosure and short sales Mechanic s and materialman s liens

6 Question Which of the following would NOT be considered separate property? 6 A. Property acquired before marriage B. Property acquired during marriage by gift C. Income earned from separate property during marriage D. Property inherited during marriage

7 Question 7 Under what circumstances would both spouses have to sign a deed conveying ownership of a property that is the separate property of one of the spouses? A. Never B. Always C. When there was no prenuptial agreement. D. When conveying separate property that is the homestead of both spouses.

8 8 Separate property Separate property is property acquired before marriage; or property acquired during marriage by gift, devise, descent, personal injury lawsuit, or by written contract with the spouse. All separate property, except the homestead, may be mortgaged or conveyed by the owning spouse without the consent of the other

9 9 Community property Community property is property acquired by either spouse during marriage that is not separate property. Income from separate property is considered community property unless there is a signed agreement between the spouses.

10 10 Community property Community property is property acquired by either. All community property (and all homesteads) may be mortgaged or conveyed only with the signed consent of both spouses. This is known as the one to buy, two to sell rule.

11 Question If a homeowner defaults on a medical care debt, can a hospital foreclose on the individual s home? 11 A. Yes, the sale of a homestead may be forced to help pay medical bills. B. The sale of a homestead may be forced only if hospital bills exceed $1 million. C. The sale of a homestead may be forced if a loan on the homestead is insured by either Fannie Mae or Freddie Mac, and medical bills were covered in part by Medicare. D. No, medical bills cannot force the sale of a homestead.

12 Question A rural family homestead is limited to 12 A. 10 acres. B. 100 acres. C. 200 acres. D. $10,000 value.

13 13 Homestead A statutory life estate that is owned and occupied as the primary residence Homeowners are protected from the forced sale of their residence by unpaid general creditors, such as credit card companies. Spouses are protected by the requirement that both spouses sign conveyances and mortgages.

14 14 Homestead If allowed by zoning, a business may be run from the homestead. Proceeds from the sale of a homestead may be protected for up to six months. Homesteads may be terminated only through death, alienation, or abandonment.

15 Requirements to claim homestead 15 The property must be owned and occupied as the primary residence by the head of a family or a single person. No filing is required ownership and occupancy of a property as the principal place of residence automatically create the homestead.

16 16 To receive a homestead tax exemption to reduce property taxes, the owner must apply for the exemption with the county where the property is located. Acreage limitations Rural primary residence must be on a maximum of 200 acres for a family, or 100 acres for a single person.

17 Homesteads don t protect the owner from all creditors and may be foreclosed by certain lienholders if the owner is in default or delinquent. Review Urban primary residence must be on a maximum of acres (contiguous tract of land) for a family or a single person. There are no limitations on the value of the homestead.

18 18 Homesteads don t protect the owner from all creditors and may be foreclosed by certain lienholders if the owner is in default or delinquent.

19 Question 19 What law protects consumers from false, misleading, and deceptive business practices? A. TRELA B. DTPA C. RESPA D. TIL

20 DECEPTIVE TRADE PRACTICES ACT 20 The purpose of the law To protect consumers from false, misleading, and deceptive business practices To provide procedures for compensation if the consumers can prove they were a victim Applies to any business, including those from outside of Texas, that sell to Texas consumers

21 Application to real estate license holders 21 The license holder is responsible for accurate representations and disclosure of all known material facts, even if the contract specifies as is. Claims that involve providing advice, judgment, opinion, or similar professional skills, such as preparing a CMA, are excluded.

22 22 License holders may still be charged if they misrepresent or fail to disclose a known material fact; or make statements not characterized as advice, judgment, or opinion.

23 23 Puffing is making a statement anyone should understand as an exaggeration. (e.g., This is the best view in the world. ) An unthinking consumer may take a statement as fact, given the status of the license holder as a professional with more knowledge.

24 24 Claims and damages Recovery may include economic damages plus an amount not to exceed triple the economic damages. Damages for mental anguish may be included if the conduct of the defendant was committed knowingly or with intention. Triple damages plus the economic damage amount.

25 25 Statute of limitations A suit brought for a violation of the Deceptive Trade Practices Act must commence within two years from the date a buyer discovered or should reasonably have discovered the deceptive act.

26 Question 26 When John died without a will, he was survived by his wife and their two children, ages 8 and 10, as well as an adult child from a previous relationship. John s wife has all rights and interest to the homestead property. True False

27 27 WILLS AND ESTATES Passage of title to community property: Upon the intestate death of one of the spouses in a marriage, the community property estate of the deceased spouse passes to the surviving spouse if no child or other descendant of the deceased spouse survives the deceased spouse, or all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse.

28 28 If a child or other descendant of the deceased spouse is not a child or descendant of the surviving spouse, the child or other descendant and the surviving spouse split the community property 50/50.

29 Question Security deposits must be returned or accounted for on or before the 29 A. 30 th day after the tenant surrenders the residential premises. B. 45 th day after the tenant surrenders the residential premises. C. 60 th day after the tenant surrenders the residential premises. D. 90 th day after the tenant surrenders the residential premises.

30 Question 30 Security deposits must be returned or accounted for on or before the A. 30 th day after the tenant surrenders the commercial premises. B. 45 th day after the tenant surrenders the commercial premises. C. 60 th day after the tenant surrenders the commercial premises. D. 90 th day after the tenant surrenders the commercial premises.

31 31 LANDLORD-TENANT ISSUES Security deposit Deposits must be returned or accounted for on or before the 30th day after the tenant surrenders the residential premises (60 days for commercial leases).

32 Question 32 In Texas, the debtor must have at least A. 20 days to cure the default before the lender can accelerate the note and set a foreclosure sale date. B. 30 days to cure the default before the lender can accelerate the note and set a foreclosure sale date. C. 45 days to cure the default before the lender can accelerate the note and set a foreclosure sale date. D. 60 days to cure the default before the lender can accelerate the note and set a foreclosure sale date.

33 Question 33 In Texas, when a property is foreclosed on under the power of sale clause in a deed of trust if the property sells for less than is owed the lender is entitled to a A. default judgement. B. deficiency judgement. C. specific judgement. D. voluntary lien.

34 FORECLOSURE AND SHORT SALES Redemption periods 34 The equitable redemption period is the period before the sale when a borrower may stop the foreclosure by paying all back payments and fees. In Texas, the debtor must have at least 20 days to cure the default before the lender can accelerate the note and set a foreclosure sale date.

35 The statutory redemption period (after the foreclosure sale). 35 Texas has no statutory redemption for deed of trust. Property Tax Liens: two years for a homestead and six months for nonhomestead properties. HOA lien: 180 days.

36 36 Foreclosure sale The sale is held by the trustee, between 10:00 am and 4:00 pm on the first Tuesday of the month at the county courthouse. Proceeds from a foreclosure sale in excess of the loan indebtedness belong to the defaulting borrower.

37 37 Foreclosure sale Insufficient proceeds might result in a deficiency judgment. Texas law requires the lender to file for the judgment within two years after the foreclosure sale.

38 38 Short sale In Texas, the TREC-promulgated Short Sale Addendum must be attached to the sale contract for this type of sale.

39 Question In Texas, a mechanic s lien rights attaches to a property when 39 A. labor is first furnished. B. materials are first furnished. C. labor and/or materials are first furnished. D. the lien is filed in the county clerk s office in the county where the property is located.

40 Question 40 In order for a contractor to be able to file a valid mechanic s lien against a homestead property owned as the separate property of one spouse who would have to sign the contract for services? A. Owning spouse B. Either spouse C. Both spouses D. Managing spouse

41 MECHANIC S AND MATERIALMAN S LIENS 41 Mechanic s and materialman s liens In Texas, if property owners sign a mechanic s lien contract, they agree to allow the lien to be placed for nonpayment.

42 Lien rights attach from when the first labor or material is furnished. 42 Contractors or subcontractors must have worked under a contract with the owner. If the contract is an expressed oral or an implied contract, the contractor or other party seeking payment will have to file an affidavit claiming a mechanic s lien.

43 43 If the property is a homestead, both spouses must sign the contract. Contractors must furnish a final bills paid affidavit to the property owners upon receipt of the final payment. A lien waiver releases an unrecorded lien. A lien satisfaction is used to release a recorded lien.

44 Notes for Tonight 44 Contact Information A PDF of tonight s slides will be ed to you tomorrow.

45 Topics To Be Discussed Next Week Professional ethics and conduct 45 Grounds for suspension and revocation Trust accounts, commissions and rebates