Sometimes, at the end of a lawsuit, in the final draft of a settlement agreement that has been months or years in the making, one of the parties will casually throw in a global mutual liability release that is not limited to the transactions or occurrences that are the subject of the litigation. Sometimes, this […]
Global Mutual Liability Releases Read More »
Most attorneys are shocked and appalled when they find out that their clients have been doing business, sometimes for several decades, as sole proprietors. The attorney typically pleads with the client to register a corporate entity to do business under, typically a limited liability company or LLC. As many clients are real estate investors or
Due-on-Sale Clauses Read More »
Financial Record Requests/Subpoenas: In my experience, the financial record request is one of the most powerful tools for finding assets on behalf of defrauded investors. Section 30.007 of the Texas Civil Practice and Remedies Code provides that these requests are governed by Section 59.006 of the Texas Finance Code. In Texas Finance Code Section 59.006,
Texas Tools for Recovering Assets on Behalf of Defrauded Investors Read More »
Applying current Texas Oil and Gas Law to micro-tract owners in urban areas ripe for horizontal drilling is often like attempting to put a square peg into a round hole. The Law was written with vertical drills and large and small, but not micro-sized, rural tracts in mind. Inside large metropolitan areas where tracts often
Applying the Rule of Capture to Residential Subdivions in the DFW Area Read More »
Two fairly major changes to Texas foreclosure law occurred recently. House Bill 2066 modifies Chapter 51 of the Texas Property Code to make it easier to rescind nonjudicial foreclosure sales and House Bill 2067 amends Chapter 16 of the Texas Civil Practice and Remedies Code to make it easier to rescind acceleration of promissory notes.
HB 2066 and 2067: New Changes to Texas Foreclosure Laws Read More »
Before you lease your mineral rights, make sure that you know what you have so that you understand what you are giving up. Contrary to popular opinion, not all mineral rights are the same. The value of your rights depends on the location of your land, the location of nearby wells, the production of nearby
Before You Lease Your Minerals, Check the Facts Read More »
Check out these links from Texas A&M Law Review’s 6th Annual Energy Symposium. Ian Ghrist from Ghrist Law Firm was proud to be a presenter and to talk about mineral rights in urban parts of Texas. Speaker Snapshot Video Electronic Symposium Materials
Texas A&M Law Review – 6th Annual Energy Symposium Read More »
Virtually all mortgage loans are drafted to encumber the mineral estate with a lien. Lender consent is generally expressly required to lease the minerals. Despite this requirement, many operators, particularly in urban areas have become lax about obtaining subordination agreements. To solve the problem, Bill HB 2590 was promoted, which passed the Texas House and
The short answer is that with installment loans, the statute of limitations begins to accrue on each installment as it comes due. Once the payments are accelerated, then the statute begins to run on the balance of the debt. If the loan is on real estate, however, then the limitations period does not begin to
When the Statute of Limitations Begins to Run on Installment Loans Read More »
One bankruptcy court says yes. Here is an argument for the answer being no. Under Section 5.077(d), the volume-dealer penalties apply to “A seller who conducts two or more transactions in a 12-month period under this section . . . .” One bankruptcy court has interpreted this provision as meaning that the volume-dealer penalties apply
