Real State Fraud
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REAL ESTATE FRAUD

The most common types of real estate fraud seen and handled by our firm are those involving:


+ Forged deeds,
+ Residential leases with purchase options, and
+ Unauthorized Conveyances

FORGED DEEDS

Forged deeds continue to be a significant problem in Texas. The Texas Attorney General and District Attorneys statewide, particularly the Harris County District Attorney, actively prosecutes individuals involved in organized criminal activities related to forged deeds.


In rural counties and in cases where the victims are poor, the Attorney General and District Attorney are less likely to become involved. This is largely because of the fact that in these cases the forgeries are less likely to be uncovered or come to light.


Our firm represents people across Texas who have been victims of real estate fraud and particularly those who are victims of forged deeds.


Read our press release about the Baines and Boston case in Colorado County, Texas where our clients allege that a former County Judge was involved in a real estate fraud scheme involving forged deeds.


[ Press Release ]


RESIDENTIAL LEASE WITH PURCHASE OPTION

If you sign a residential lease that includes a purchase option, you cannot be evicted under the typical eviction process. You have the rights of a buyer in a real estate contract. That is because in Texas, a residential lease that includes an option to purchase is considered a real estate sale and purchase contract. You, the lessee, have the rights of a buyer and the landlord has the rights of a seller.


In many cases the landlord/seller anticipates that the lessee/buyer will never be able to buy the property outright. At some point in the future when the buyer attempts to purchase the property outright, the seller typically files an eviction suit and the buyer leaves without a fight because they are unaware that they have a chance to win in court.


In the case of Ballard v. Hoyle in Harris County we represented a buyer who had signed a lease with an option to purchase and had continued to make payments faithfully for 11 years. When he requested the payoff amount the former landlord filed an eviction suit. The case may be found as Cause No. 922890 in Harris County Civil Court.


We successfully represented our client Mr. Hoyle and the Court order the former landlord to sell our client the property for $13,000.00.


If you have signed a residential lease with an option to purchase, you should know rights. Specifically:


  • An option to purchase real estate that includes or is combined or executed concurrently with a residential lease agreement, together with the lease, is considered an executory contract for conveyance of real property. TEXAS PROPERTY CODE §5.062(a)(2).

  • A lessee’s written request to exercise the purchase option during the base period or any subsequent automatic renewal period is legally effective to exercise the option.

  • If the purchaser under an executory contract provides the seller with the payoff amount determined by the purchaser under some reasonable basis, the purchaser is entitled to purchase the property at the price unless the seller provides a different price in writing, via certified mail, that price being calculated based on written records kept by the seller during the course of the executory contract. TEXAS PROPERTY CODE §5.082.

  • The buyer may bring a suit and is entitled to specific performance – requiring the seller to sell the property.

    • UNAUTHORIZED CONVEYANCES

    As hard as it is to imagine, across Texas there are still instances where individuals convey property or create quitclaim deeds to property to which they do not have valid title or any ownership whatsoever.


    In one such matter, we represented a family that owned 5 cares of property in Bell County, near Killeen Texas. When the family visited their property, in November 2008, they realized that someone had built a house on their property. The 5,000 square foot structure was built without their permission or knowledge, either through the negligent or willful conduct of several other parties.


    A lawsuit is pending in the District Court Bell County, Texas as Cause No. 234,637-B.


    See the report on Inside Edition. [ Read it ]