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Real Estate Blog

  • Posts by Jason D. Kraus
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    Jason D. Kraus is a Shareholder in Chamberlain Hrdlicka’s Litigation practice group, where he focuses on business litigation, complex real estate litigation, transactions, and development matters.

    Jason has extensive ...

Texas has some of the strongest homestead protections in the country. But can a judgement still create a problem when a Texas homeowner tries to sell or refinance a homestead?

Yes. An ordinary judgment lien generally does not attach to property that qualifies as a Texas homestead, but an abstract of judgement can still appear in the real-property records and create a title problem. Texas Property Code § 52.0012 provides a statutory procedure for addressing this exact problem.

For lawyers representing judgment debtors, creditors, purchasers, or lenders, understanding the ...

Categories: Real Estate

When a commercial tenant stops paying rent, the conventional response is often predictable: send a default notice, terminate the lease, file an eviction proceeding and wait. But Texas law offers another option—one that can be faster and, in the right circumstances, considerably more effective.

A Texas commercial lockout may allow a landlord to change the locks and exclude a delinquent commercial tenant from the premises without first obtaining a court order, posting a bond, or securing a writ. Properly used, a commercial lockout is among the most powerful remedies available to a ...

Categories: Real Estate

“You ordered the Code Red.”

Few courtroom scenes are as instantly recognizable as the climactic cross-examination in A Few Good Men. Lieutenant Daniel Kaffee confronts Colonel Nathan Jessup about the death of a young Marine in Cuba. What begins as a controlled examination steadily tightens until Jessup, indignant at having his judgment questioned by a junior officer, finally admits the fact the entire case turns upon.

The scene is Hollywood. The lesson is not.

What makes an effective cross examination? Effective cross-examination is built on preparation, control, and a ...

Categories: Real Estate