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What Happens If a Buyer Misses the Closing Date in Texas?

Sat, 18 Apr 2026 04:00:16 GMT

What Happens If a Buyer Misses the Closing Date in Texas?

Real estate transactions in Texas are governed by detailed contracts that outline the rights and responsibilities of both buyers and sellers. One of the most important provisions in any purchase agreement is the closing date. When a buyer misses that deadline, the consequences can be serious and costly.

If you are buying or selling property in Houston, understanding what happens when a closing date is missed can help you protect your investment and avoid unnecessary disputes. At Manfred Sternberg & Associates , we provide legal assistance to the Houston public in real estate matters, including contract disputes and failed closings.

Is the Closing Date Legally Binding in Texas?

In most Texas real estate contracts, the closing date is clearly stated in the agreement. While it is an important term, whether it is strictly enforced depends on the specific language in the contract.

Some contracts include a “time is of the essence” clause. When this language is present, the closing date is considered a firm deadline. Missing it may be treated as a breach of contract.

If that language is not included, courts may allow some flexibility, especially if the delay is minor and does not cause significant harm. However, buyers should never assume they can safely delay closing without consequences.

Common Reasons Buyers Miss the Closing Date

Several issues can prevent a buyer from closing on time, including:

Mortgage financing delays
Problems with final loan approval
Appraisal issues
Title defects
Failure to secure homeowners insurance
Personal financial setbacks

Even when the delay is not intentional, the buyer may still be in default under the contract.

What Are the Consequences for the Buyer?

If a buyer misses the closing date, the seller may have several options depending on the contract terms.

Loss of Earnest Money

In many cases, the seller can terminate the contract and keep the buyer’s earnest money as liquidated damages. This is one of the most common consequences of a missed closing.

Contract Termination

The seller may choose to cancel the contract entirely and relist the property. If the market has shifted, the buyer could lose out on the property and any favorable purchase price.

Specific Performance Lawsuit

In certain situations, a seller may file a lawsuit seeking “specific performance.” This means asking the court to force the buyer to complete the purchase under the agreed terms. This remedy is less common but remains legally available.

Damages

If the seller suffers financial harm due to the delay, such as additional mortgage payments, storage fees, or a lower resale price, they may seek monetary damages.

Can the Closing Date Be Extended?

In many cases, yes. Buyers and sellers can agree in writing to extend the closing date. Communication is critical. If the buyer anticipates a delay, they should notify the seller immediately and request a formal extension.

A written amendment signed by both parties can prevent the situation from escalating into a breach of contract claim.

What If the Delay Is the Seller’s Fault?

It is also important to determine who is responsible for the missed closing. If the seller failed to clear title issues, provide required disclosures, or complete agreed-upon repairs, the buyer may not be in default.

Each situation depends heavily on the contract language and the specific facts surrounding the transaction.

How a Real Estate Attorney Can Help

A missed closing date can quickly turn into a legal dispute. An attorney can:

Review the purchase agreement
Determine whether a breach has occurred
Negotiate extensions or settlements
Protect your earnest money
Represent you in litigation if necessary

At Manfred Sternberg & Associates , we assist the Houston public with contract interpretation, enforcement, and dispute resolution related to Texas real estate transactions. Whether you are a buyer or seller, obtaining legal guidance early can help protect your rights and financial interests.

How to Remove a Business Partner in Texas: Legal Steps and Key Considerations

Wed, 18 Mar 2026 04:00:24 GMT

How to Remove a Business Partner in Texas: Legal Steps and Key Considerations

Removing a business partner in Texas can be a complex and sensitive process. Whether the issue involves financial disagreements, misconduct, breach of contract, or simply differing visions for the company’s future, it is essential to follow the proper legal procedures. Failing to do so can lead to costly disputes, lawsuits, and damage to the business itself.

If you are considering removing a partner from your Texas business, understanding your rights and obligations under state law and your governing documents is critical.

Review the Partnership Agreement or Company Documents

The first and most important step is to review your partnership agreement, operating agreement, or corporate bylaws. Many Texas businesses have written agreements that outline:

Grounds for removal
Required voting thresholds
Buyout procedures
Valuation methods for the departing partner’s interest
Notice requirements

If the agreement includes a clear removal process, you must follow it carefully. Courts in Texas typically enforce properly drafted business agreements.

Deviating from these terms can expose you to breach of contract claims.

If your business does not have a written agreement, Texas statutory law will control, which can make the process more complicated.

Identify Valid Grounds for Removal

Removing a partner without proper justification can trigger legal disputes. Common grounds for removal in Texas include:

Breach of fiduciary duty
Fraud or misrepresentation
Criminal activity
Failure to fulfill agreed-upon responsibilities
Financial misconduct
Violation of the partnership or operating agreement

In some situations, a partner may be removed by majority vote if the governing documents allow it. In others, unanimous consent may be required.

If there is no contractual basis for removal, negotiation or voluntary withdrawal may be the safest path forward.

Consider a Buyout of the Partner’s Interest

Most removals involve a buyout. This means the remaining partners or the company purchase the departing partner’s ownership interest.

The buyout process typically involves:

Determining the value of the business
Calculating the departing partner’s ownership percentage
Agreeing on payment terms (lump sum or installment payments)
Drafting a formal buyout agreement

Valuation disputes are common. A neutral third-party valuation professional may be needed to avoid conflict.

Follow Texas Business Entity Laws

The legal process for removing a partner depends on your business structure:

General Partnerships

In a general partnership, partners usually cannot simply force out another partner unless the partnership agreement allows it. Dissolution and reformation of the partnership may be required.

Limited Liability Companies (LLCs)

For Texas LLCs, removal procedures are governed by the operating agreement and the Texas Business Organizations Code. Many LLC agreements include specific provisions for expulsion or mandatory buyouts.

Corporations

In corporations, removing a “partner” typically involves addressing shareholder rights. Shareholder agreements and corporate bylaws will control how ownership interests can be transferred or terminated.

Each structure has unique legal requirements, making careful review essential.

Avoid Breach of Fiduciary Duties

Business partners in Texas owe each other fiduciary duties, including duties of loyalty and care. Attempting to remove a partner unfairly, withholding financial information, or diverting business opportunities can result in litigation.

It is important to approach removal strategically and in compliance with both contractual obligations and Texas law.

Document Everything Carefully

Clear documentation helps protect the business and the remaining partners. This may include:

Written notices
Meeting minutes
Voting records
Buyout agreements
Amendments to governing documents
Updated filings with the Texas Secretary of State

Proper documentation reduces the risk of future disputes and ensures the business remains in good standing.

When Litigation Becomes Necessary

In some cases, a partner may refuse to leave or dispute the removal. Litigation may involve:

Breach of contract claims
Claims for breach of fiduciary duty
Judicial dissolution actions
Injunctions

Business litigation can be expensive and disruptive, so exploring negotiation and mediation first is often advisable.

Legal Guidance for Houston Business Owners

Removing a business partner is rarely simple. Every situation is different, and the outcome depends on your governing documents, business structure, and the specific facts involved.

At Manfred Sternberg & Associates, we can provide legal assistance to the Houston public. Our firm works with business owners to review agreements, structure buyouts, negotiate resolutions, and protect their interests throughout the process.

Who Pays Compensation to the Victims of a Texas Personal Injury Case?

Tue, 17 Feb 2026 16:46:17 GMT

Who Pays Compensation to the Victims of a Texas Personal Injury Case?

When someone is injured in an accident in Texas, one of the first questions they ask is: who is responsible for paying compensation? Medical bills, lost wages, and other damages can quickly create financial stress. Understanding who may be legally responsible for covering these losses is an important step toward recovery.

In Texas personal injury cases, compensation typically comes from the at-fault party or their insurance company. However, the specific source of payment depends on the details of the accident and the parties involved.

The At-Fault Party and Their Insurance

Texas follows a fault-based system for personal injury claims. This means the person or entity that caused the accident is generally responsible for the damages.

In many cases, compensation is paid through the at-fault party’s insurance policy. For example:

In a car accident, the negligent driver’s auto insurance usually covers damages.
In a truck accident, the trucking company’s commercial insurance policy may apply.
In a premises liability case, a property owner’s liability insurance may cover injuries.
In a workplace accident involving a third party, that party’s insurance could be responsible.

Insurance companies typically handle the investigation, negotiation, and payment of claims. However, they may attempt to limit the amount paid, which is why legal representation can be critical.

When the At-Fault Party Is Uninsured or Underinsured

Not every responsible party carries sufficient insurance. In car accident cases, Texas drivers are required to carry minimum liability coverage, but that coverage may not fully compensate a seriously injured victim.

If the at-fault driver is uninsured or underinsured, an injured person may seek compensation through their own uninsured/underinsured motorist (UM/UIM) coverage, if they have it. This coverage is designed to protect policyholders when the other driver lacks adequate insurance.

In some cases, it may also be possible to pursue the at-fault party personally, although collecting compensation directly from an individual can be challenging.

Employer Liability and Vicarious Responsibility

In certain cases, an employer may be responsible for the actions of its employee. Under Texas law, employers can be held liable if an employee causes an accident while acting within the scope of their job duties.

For example, if a delivery driver causes a collision while making deliveries, the employer’s commercial insurance may be responsible for paying compensation. This principle, known as vicarious liability, can significantly affect the amount of insurance coverage available in a claim.

Government Entities and Special Rules

If a government agency or public employee caused the injury, different rules apply. Claims against government entities in Texas are governed by the Texas Tort Claims Act, which places limits on when and how compensation can be recovered.

There are strict notice requirements and shorter deadlines when pursuing claims against a city, county, or state agency. Failing to follow these rules can prevent recovery altogether.

What Damages Can Be Compensated?

Compensation in a Texas personal injury case may include:

Medical expenses (past and future)
Lost wages and reduced earning capacity
Pain and suffering
Mental anguish
Property damage
In some cases, punitive damages

The source of payment depends on who is legally responsible and the insurance policies available.

How Legal Guidance Can Help

Identifying who pays compensation is not always straightforward. Multiple parties may share responsibility, and insurance companies often dispute liability or the value of a claim.

At Manfred Sternberg & Associates, we can provide legal assistance to the Houston public by investigating accidents, identifying all potentially responsible parties, and pursuing the compensation our clients may be entitled to under Texas law.

Understanding your rights is the first step toward financial recovery after an injury.

What Is the Statute of Limitations for a Premises Liability Case in Texas?

Sat, 31 Jan 2026 20:14:11 GMT

What Is the Statute of Limitations for a Premises Liability Case in Texas?

When someone is injured on another person’s property, the law may allow them to pursue a premises liability claim. These cases often involve slip and falls, unsafe conditions, or negligent property maintenance. If you were hurt on someone else’s property in Texas, it is important to understand how long you have to take legal action. Missing the deadline could mean losing your right to seek compensation altogether.

At Manfred Sternberg & Associates , we provide legal assistance to the Houston public and help individuals understand their rights after a property-related injury.

Understanding the Statute of Limitations in Texas

In Texas, most premises liability claims are governed by a two-year statute of limitations . This generally means you have two years from the date of your injury to file a lawsuit against the responsible party. If you fail to file within this time frame, the court may dismiss your case, regardless of how strong it might otherwise be.

Why Premises Liability Deadlines Matter

The statute of limitations exists to encourage timely legal action and to ensure evidence remains available and reliable. Over time, witness memories fade, surveillance footage may be erased, and physical conditions at the property may change. Acting within the legal deadline helps preserve the information needed to support your claim.

Are There Exceptions to the Two-Year Rule?

While the two-year deadline applies to most cases, certain situations may affect when the clock starts or how long you have to file. For example, claims involving minors, government-owned property, or injuries that were not immediately discovered may follow different rules. These exceptions can be complex and depend heavily on the facts of the case.

What Happens If the Property Owner Is a Government Entity?

If your injury occurred on government-owned property, shorter deadlines and special notice requirements may apply. In some cases, you may need to provide formal notice of your claim within months of the incident. Failing to follow these rules can prevent you from pursuing compensation, even if you are still within the standard two-year period.

Taking Action After a Premises Liability Injury

If you have been injured on someone else’s property, it is wise to act promptly. Seeking legal guidance early can help ensure deadlines are met, evidence is preserved, and your rights are protected under Texas law.

Why Do You Need a Lawyer to Obtain Excess Proceeds from a Property Sale?

Tue, 30 Dec 2025 18:47:43 GMT

Why Do You Need a Lawyer to Obtain Excess Proceeds from a Property Sale?

When you’re going through a foreclosure sale, the process is stressful, and it can be challenging to figure out what’s happening and what you can do. A property sale can happen for several reasons, including unpaid taxes, a lien on your home, a mechanic’s lien, or an unpaid mortgage. But if your property is sold in foreclosure, you want to ensure that you collect any funds remaining from the sale over the amount you owe. You don’t have to figure this process out on your own. An experienced Texas property lawyer like the attorneys at Manfred Law can help.

What Happens to the Excess Proceeds from a Foreclosure Sale?

In some cases, your property may sell for a higher price than the total liens on the property. The lien holder, whether a state or federal agency, a private company, or an individual, can only recover the amount of the lien plus the costs of foreclosing on and selling your property. Anything left over may pay any additional junior liens on the property. You can recover the excess proceeds if there are no additional liens.

For example, suppose you own a home with a $50,000 mortgage that the bank forecloses on and sells for $150,000. In that case, you may be entitled to recover the additional $100,000 minus the costs of the foreclosure and sale or any additional liens. However, you have a limited amount of time to recover these funds.

Recovering Excess Funds in Texas

To recover excess funds from a tax foreclosure sale, you must petition the court that ordered the sale or the foreclosure trustee. You must do this within two years of the property sale date. You may be eligible to recover excess funds if:

You owned the property sold in whole or in part,

The property sells for more than all the combined liens plus the costs of the foreclosure and sale of the property, and

You file your petition for the excess funds within two years of the sale.

If you own the property with more than one person, the court or trustee will assign the excess proceeds to you each as your interests appear on the title.

Hire an Experienced Surplus Funds Recovery Attorney

Unfortunately, recovering excess proceeds from a foreclosure sale can be a complex process, and you have a limited time to complete it. But you don’t have to navigate the process on your own. An experienced attorney like the lawyers at Manfred Law can help. They’ve been helping people in the Houston area with excess fund recovery for years. Find out how they can help you too. Call Manfred Law at (713) 547-5460 or contact them online to schedule your consultation.

Why Having a Buy-Sell Agreement Can Save Your Business from Disaster

Mon, 15 Dec 2025 20:58:09 GMT

Why Having a Buy-Sell Agreement Can Save Your Business from Disaster

Planning for eventualities or disasters can be the difference between success and failure for a business. One important planning tool for business owners and partners is a buy-sell agreement.

Buy-sell agreements lay out how each partner’s share of the business will be transferred after a partner's or owner’s death, retirement, or other exit. Some may, for example, have provisions for cases of serious illnesses or health conditions.

The primary goals of a buy-sell agreement are to ensure business continuity and prevent disputes. Once agreed upon, these contracts are legally binding.

Buy-sell agreements allow for a plan to be put into place before it’s needed. It allows all partners to be involved in the process and can keep a company within a closed circle.

In the case of a partner’s death, for example, there may be a life insurance policy that makes the purchase of the deceased partner’s shares possible.

What Buy-Sell Agreements May Include

Each buy-sell agreement should be tailored to a business’s specific needs and unique circumstances. These often include:

A list of all current partners and owners, including the equity each one has in the company
Ideally, a buy-sell agreement should be revised whenever there is a change in the business’s partners or owners.
The company’s current valuation
What events will trigger the agreement
Who buys and acquires what assets after a partner exits
Each partner’s exit from the business may have different contingencies
For example, the plan for Partner A’s share is to split it between the remaining partners, with the proceeds of the buyout going to Partner A’s widow. Partner B, however, intends for his share to transfer to his son.
How the other partners will pay for the departing partner’s share, e.g., a life insurance policy
Any potential tax implications

A buy-sell agreement can help avoid any disruptions to a business. The key is for partners and owners to take the time to create a plan that works for their business’s situation.

Hire a Skilled Lawyer Who Knows Texas

If you own a business, the attorneys at Manfred Law can help you prepare for expected and unexpected events. Call us at 713-547-5460 or contact us online to schedule your consultation.

Why Many Homeowners Never Collect Their Surplus After Foreclosure

Mon, 01 Dec 2025 20:50:46 GMT

Why Many Homeowners Never Collect Their Surplus After Foreclosure

A foreclosure sale isn’t necessarily the end of the process for property owners. In some cases, a property may sell for more than the amount due. In these situations, the excess funds, or surplus, belong to the property owner.

The challenge is that these excess funds don’t automatically transfer to the property owner after all debts are settled. Property owners must actively work to claim the funds. As a result, a property owner may never claim money that’s technically theirs.

Foreclosures in Texas fall into two categories: tax foreclosures and mortgage foreclosures. The type of foreclosure determines how a property owner can claim the excess funds.

Tax Foreclosures

Following a tax foreclosure sale and satisfying all liens and other fees, the county where the property was located holds any excess funds. If the amount is greater than $25, the county clerk is supposed to inform property owners of any excess proceeds.

Counties only have to send a written notice of the surplus to the property owner’s last known address. Counties don’t have to track down property owners beyond sending that letter.

Property owners have two years following the sale of the property to collect excess funds. If they don’t begin the process before that deadline, they cannot claim them.

Once a property owner receives notification, they must petition the county for the surplus. They also have the burden of proving they have the right to claim the funds.

Mortgage Foreclosure

Texas law doesn’t provide a process for claiming excess funds from mortgage foreclosures. The process to claim these funds is less formal. It can also be more challenging to navigate because of the lack of guidelines.

In the case of a mortgage foreclosure resulting in excess funds, a trustee administrator will take control of the funds. Similar to a tax foreclosure, other liens are satisfied before the property owner can collect the excess.

The administrator should notify the property owner of the surplus. Once the property owner receives notification, they can contact the trustee administrator about collecting the surplus. If the property administrator doesn’t release the funds or otherwise doesn’t cooperate, a property owner can take legal action.

Hire a Skilled Lawyer Who Knows Texas

If you’ve had a property foreclosed on, you may have a right to collect excess funds, and the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

What Is a Demand Letter in a Texas Personal Injury Case—and Why It Matters

Mon, 17 Nov 2025 16:47:11 GMT

What Is a Demand Letter in a Texas Personal Injury Case—and Why It Matters

When you’ve been injured in an accident caused by someone else’s negligence, one of the first formal steps toward receiving compensation is sending a demand letter . In Texas personal injury cases, a demand letter is a crucial document that sets the tone for settlement negotiations and can determine how efficiently your case progresses.

Understanding a Demand Letter

A demand letter is a written communication—typically prepared by your attorney—sent to the at-fault party or their insurance company. It outlines the facts of the case, the nature and extent of your injuries, your medical treatment, financial losses, and a specific dollar amount you’re demanding as compensation.

The letter also establishes a clear record of your claim, including the legal basis for holding the other party responsible. A well-drafted demand letter helps demonstrate that you’re serious about pursuing fair compensation and provides the insurance company with the details they need to evaluate your claim.

Why Demand Letters Matter in Texas

Texas law doesn’t require a demand letter before filing a personal injury lawsuit, but sending one is almost always beneficial. Here’s why:

Encourages Settlement: Insurance companies are often more willing to negotiate once they understand the strength of your case.
Saves Time and Costs: A fair settlement can help you avoid the time, expense, and uncertainty of litigation.
Demonstrates Good Faith: Courts look favorably on parties who attempt to resolve disputes before filing suit.
Creates a Paper Trail: The letter serves as evidence of your efforts to settle and your damages should the case go to court.

What to Include in a Strong Demand Letter

A Texas demand letter should contain:

A clear summary of the accident
Documentation of your injuries and medical treatment
Proof of lost wages and other financial damages
A specific settlement demand
A deadline for response

An experienced personal injury attorney can help ensure your demand letter is thorough, persuasive, and supported by solid evidence.

Get Legal Guidance in Houston

At Manfred Sternberg & Associates , we can provide legal assistance to the Houston public in pursuing fair compensation after an injury. Our team helps clients prepare comprehensive demand letters and negotiate with insurance companies to protect their rights and maximize recovery.

Can I Sue if I’m Injured by a Truck Tire Blowout or Retread in Texas?

Sat, 15 Nov 2025 20:46:50 GMT

Can I Sue if I’m Injured by a Truck Tire B lowout or Retread in Texas?

Truck accidents can cause serious injuries and damage. While those injured by tire blowouts and separated treads (retreads) can pursue damages, one of the challenges is determining who’s liable for the accident.

Blowouts and Retread Separation

Tire blowouts refer to a sudden and rapid loss of tire pressure. If a rupture or burst occurs at high speeds, a driver can potentially lose control of the vehicle.

Tire retread separation occurs when the tread detaches from other parts of the tire. The tread may separate completely or partially. Surface defects such as bumps, cracks, and bulges are all signs of separation.

Both blowouts and tire separation can occur for multiple reasons. Determining the reason for the issue is a key component of establishing liability.

Who is Liable?

In general, either the manufacturer or the truck owner will be responsible for the accident. Manufacturing defects, poor maintenance, over- or under-inflation, and extreme temperatures are just a few of the reasons blowouts and tire separation occur.

For example, if a tire issue relates to a manufacturing defect, the manufacturer is more likely to be at fault. In contrast, if poor maintenance led to the accident, the truck’s owner is likely to be the responsible party.

Collecting a wide range of evidence is key to helping determine fault in truck accidents. In some situations, multiple parties may be at fault.

Proportionate Responsibility

One caveat is that Texas uses proportionate responsibility, also known as comparative negligence, in personal injury cases. If a plaintiff is more than 50 percent responsible for an accident, they cannot collect any damages.

This is the case even if a truck’s owner was negligent in maintaining the truck, and that negligence contributed to the accident. If the injured party is found to be more than 50 percent at fault in the accident, the truck company won’t be required to pay any damages.

Hire a Skilled Texas Personal Injury Lawyer

If you have questions about car and road accidents in Texas, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

How to Prepare for Business Mediation or Arbitration

Sat, 01 Nov 2025 20:31:08 GMT

How to Prepare for Business Mediation or Arbitration

An increasing number of businesses use mediation and arbitration to resolve disputes. Both mediation and arbitration are forms of alternative dispute resolution , which are non-litigation options for resolving disagreements.

Arbitration uses a neutral, impartial third party to hear both sides and issue a decision, which can be binding or non-binding. While similar to a traditional court hearing, arbitration is generally private and often has more flexible rules.

Mediation also uses a neutral, impartial third party. The difference is that the third party doesn’t issue a decision but instead acts as a guide and referee to help the two sides reach an agreement.

Preparing for Arbitration

Preparation is key for both mediation and arbitration. While there are some similarities in preparation, understanding the differences between the two can make the process easier to navigate.

For arbitration, a party’s legal team should ensure they know the arbitration agreement and rules and be willing to answer questions about the process.

Gathering evidence and preparing witnesses is key, and some attorneys may suggest a mock arbitration session to help clients understand the process and make the actual arbitration less intimidating.

Preparing for Mediation

Compared to arbitration and traditional litigation, mediation is less adversarial and more about finding common ground. The parties, rather than a neutral third party, decide on a solution, which means that understanding each side’s goals and what matters to each side is crucial.

Mediation often covers a range of subjects, and attorneys should work with clients to determine what issues or goals are the most important. If a client has certain issues or topics that are nonnegotiable, they should work with their legal team to find other areas where compromise is possible.

Open communication and a willingness to reach a compromise are the keys to successful mediation. Listening, understanding each side’s perspective, and being willing to have a conversation are all helpful during the mediation process.

Hire an Experienced Texas Business Lawyer

If you’re involved in a business dispute, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

What Counts as Premises Liability in Texas

Wed, 15 Oct 2025 20:25:14 GMT

What Counts as Premises Liability in Texas

One of the common grounds for lawsuits is suing a property owner for an injury that occurred on their property. Slip-and-fall cases, where a customer slips and hurts themselves at a store, are perhaps the most common example of premises liability.

For this article, the term owner is used to describe anyone who owns, leases, or is otherwise in control of a property and is potentially liable for any injuries that occur on that property. In general, property owners in Texas have a responsibility to keep their property free of any hazardous conditions that could injure guests.

That someone is on or in another person’s property when they’re injured doesn’t mean the property owner is automatically liable. Not all injuries are a result of an owner’s action or inaction. People trespassing on a property, for example, are unlikely to prevail in a premises liability case.

A 2024 Texas Supreme Court case reaffirmed that, as part of a premises liability case, a plaintiff needs to address all of the following questions:

Did a condition pose an unreasonable risk of harm?
Did the owner have actual or constructive knowledge of the condition?
Did the owner exercise reasonable care to reduce or eliminate the risk?
Did the owner’s failure to exercise reasonable care contribute to the injury?

For example, an owner is aware that the railing on their front porch is loose. They have contacted a handyman about the repair, but the parts needed for the repair are backordered and won’t be available for at least three weeks. In the meantime, the owners have a sign posted warning of the loose railing, and they tell people, before visiting, to be aware that the railing is loose and to avoid holding it. When visiting them, a friend leans against the loose railing and falls, breaking their wrist.

The owners are less likely to be liable because, while the loose railing did pose an unreasonable risk of harm an,d they were aware of it, they also sought to reduce the risk. They had a repair scheduled and had, before the repair could be completed, done what they could to warn people to avoid the loose railing.

Exceptions

The general rules for premises liability do have some exceptions. For example, property owners generally aren’t liable for any injuries that a trespasser sustains. If a property owner willfully creates a hazard or attempts to harm a trespasser, however, the owner may be liable for any injury.

Texas also follows the attractive nuisance doctrine. Certain objects, such as pools, that are attractive to children and pose a risk of injury or death may make a property owner liable for any harm. This is the case even if a child is on their property without permission.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about premises liability, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

Understanding the Legal Definition of Negligence in Texas

Thu, 09 Oct 2025 19:09:38 GMT

Understanding the Legal Definition of Negligence in Texas

Negligence is one of the most important legal concepts in Texas personal injury law. It determines who is legally responsible when someone’s carelessness causes harm to another person. Understanding what qualifies as negligence—and how it is proven—is essential if you have been injured in an accident.

What Is Negligence Under Texas Law?

In Texas, negligence occurs when a person or entity fails to use reasonable care, resulting in injury or damage to another. The law defines “reasonable care” as the level of caution and attention an ordinarily prudent person would exercise under similar circumstances.

To prove negligence in Texas, four key elements must be established:

Duty of Care – The defendant owed a legal duty to the plaintiff. For example, drivers have a duty to operate their vehicles safely.
Breach of Duty – The defendant failed to uphold that duty through action or inaction.
Causation – The defendant’s breach directly caused the injury or damage.
Damages – The plaintiff suffered measurable harm, such as medical bills, lost wages, or pain and suffering.

Comparative Fault in Texas

Texas follows a “modified comparative fault” system. This means that even if you are partly responsible for your injuries, you may still recover damages—so long as you are not more than 50% at fault . However, your compensation will be reduced by your percentage of fault.

Why Understanding Negligence Matters

Negligence laws protect victims from bearing the financial burden of someone else’s carelessness. Whether the case involves a car accident, slip and fall, or workplace injury, proving negligence is the foundation for recovering compensation.

Legal Support for Negligence Claims

At Manfred Sternberg & Associates , we can provide legal assistance to the Houston public. Our team helps clients navigate the complex process of proving negligence and pursuing fair compensation for their losses.

What to Expect in a Settlement versus Trial in Personal Injury Cases

Wed, 01 Oct 2025 20:15:50 GMT

What to Expect in a Settlement versus Trial in Personal Injury Cases

The majority of personal injury cases now end with a settlement rather than going to trial. While settlements have numerous advantages, plaintiffs should know the pros and cons before agreeing to settle any claims.

First, clients should know that the final decision to settle should rest with them. No one should feel forced or pressured to sign a settlement agreement. While an attorney should present the pros and cons to their client, as well as their professional opinion about the best course of action, the final decision is the client’s.

A plaintiff should have a reasonable amount of time and space to consider a settlement offer and its pros and cons. Defendants shouldn’t rush for an agreement or put arbitrarily short deadlines on a plaintiff.

Understanding the Pros and Cons

Settlements tend to be less time-consuming and less expensive. They come with a guaranteed payout. In comparison, trials can drag on for years and come with significant emotional and financial costs.

On the flip side, trials give plaintiffs their day in court. Trials are public record. Unlike a trial, a settlement often means that the defendant doesn’t have to admit to any wrongdoing.

One downside to a settlement is that it generally prevents a plaintiff from appealing. A settlement, once signed, is final. Plaintiffs may also be restricted in their ability to discuss the settlement and other details about the case.

Questions to Consider

Deciding on a settlement versus going to trial depends on the plaintiff’s situation and the facts of the case. Other considerations to consider:

How much of the settlement amount will cover medical bills and other costs, such as missed work? Will a settlement be able to cover any future medical expenses?
How strong is the plaintiff’s case?
How serious was the defendant’s wrongdoing?
Is the plaintiff prepared for the case to take years, or would they prefer to have the money now and move on?

A good attorney will make sure that their client has all of the information necessary to decide on a settlement versus going to trial. This can include the likelihood of winning at trial, future medical costs, monetary value of losses, and other information that allows individuals to make an informed choice.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about navigating personal injury cases, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

How Long Do You Have to File a Personal Injury Lawsuit in Texas?

Mon, 29 Sep 2025 16:18:50 GMT

How Long Do You Have to File a Personal Injury Lawsuit in Texas?

If you have been injured in an accident caused by someone else’s negligence, you may be entitled to compensation through a personal injury lawsuit. However, Texas law imposes strict deadlines on when you can file a claim, known as the statute of limitations . Missing this deadline can mean losing your right to pursue damages altogether.

Texas Statute of Limitations for Personal Injury Cases

In Texas, the statute of limitations for most personal injury lawsuits is two years from the date of the injury. This means you typically have two years to file your claim in court. Whether the injury arose from a car accident, slip and fall, or another type of negligence, the two-year clock usually starts ticking on the day of the incident.

Exceptions to the Two-Year Rule

While two years is the general rule, some circumstances may extend or shorten this time frame:

Minors – If the injured person is under 18, the statute of limitations may be tolled (paused) until they reach adulthood.
Discovery Rule – If the injury was not immediately apparent, the time limit may begin when the injury was discovered or reasonably should have been discovered.
Government Defendants – Claims against government entities often require notice within six months of the injury, a much shorter deadline.

Why Acting Quickly Matters

Even if you believe you have time, waiting to file a personal injury claim can weaken your case. Evidence may be lost, witnesses may forget key details, and insurance companies may use delays to their advantage. Acting quickly allows your attorney to build the strongest possible case on your behalf.

Legal Help in Houston

Navigating deadlines and legal requirements in a personal injury case can be overwhelming, especially while recovering from injuries. At Manfred Sternberg & Associates , we provide legal assistance to the Houston public. Our team can review your case, explain your options, and help ensure your claim is filed on time.

Can your HOA initiate foreclosure proceedings if you’re behind on payments?

Mon, 15 Sep 2025 20:10:22 GMT

Can your HOA initiate foreclosure proceedings if you’re behind on payments?

For those who live in planned neighborhoods, subdivisions, or condo complexes, HOAs and COAs are common organizations, as are the associated fees, often referred to as dues in Texas. Usually paid monthly or quarterly, the purpose of these dues is to cover costs related to maintenance of common areas and shared spaces, such as community pools.

These dues are generally mandatory, meaning property owners can’t opt out of paying them. Property owners also cannot simply decide not to pay them if they disagree with the HOA or COA. HOAs and COAs have the power to enforce payment, up to and including initiating foreclosure for non-payment.

HOA Foreclosures

Foreclosures are generally a last resort after other methods of recouping the unpaid dues have failed. Each HOA or COA should have written procedures and notice requirements about how the association will pursue unpaid dues and any related penalties, such as interest or late fees.

If a homeowner ignores requests from an HOA or COA to become current on dues, an association’s next step is to put a lien on the property. With a lien, the HOA or COA can collect the unpaid fees if the owner sells the property.

HOA and COAs may also send unpaid dues to a collection agency. They may report the failure to pay to credit bureaus.

In some cases, the HOA or COA may initiate foreclosure proceedings against the property when other avenues have been unsuccessful. With foreclosures, HOAs, and COAs must follow notification and time requirements before selling the property. This is to give the property owner time to pay the outstanding balance to avoid foreclosure proceedings.

Foreclosures can be judicial or non-judicial, although the majority of foreclosure cases in Texas are non-judicial. The courts aren’t officially involved in non-judicial foreclosures, which are sometimes called expedited foreclosures.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about foreclosures and when HOAs and COAs can foreclose on properties, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

What can a tenant do if the landlord refuses to make necessary repairs?

Mon, 01 Sep 2025 20:04:02 GMT

What can a tenant do if the landlord refuses to make necessary repairs?

When leasing real property, both the renter and the property owner have obligations. The renter needs to pay their rent on time, follow any complex rules, and handle general upkeep, such as avoiding damage and reporting any issues in a timely manner.

Landlords have the responsibility to maintain the property and handle major repairs. Pest control and maintaining common areas are also generally the landlord’s responsibility.

The problem is what to do when one party isn’t fulfilling their responsibilities. For tenants, one problem can be if a landlord isn’t making necessary repairs.

The good news is that tenants have avenues to address these issues. In addition, a landlord cannot evict a tenant on the basis that the tenant requested repairs.

When Landlords Can Refuse to Make Repairs

In certain situations, Texas law allows landlords to deny a tenant’s request for repairs. Landlords do not have to honor a tenant’s request for repairs when:

The tenant isn’t current on rent
The tenant doesn’t report the need for a repair to the normal location or person; for example, telling the building’s gardener when the rental agreement states all repair requests must be made to the on-site manager
The problem doesn’t affect a tenant’s health and safety
The tenant or the tenant’s family or guests caused the damage

How to Request a Repair

Tenants should always make repair requests in writing. If the rental agreement or other documents have a required reporting procedure for repairs, tenants should follow these instructions. If tenants are mailing a repair request, they should send one request via certified mail.

In general, landlords have a reasonable amount of time to make repairs. The exception is in emergency cases, such as a tenant having a single bathroom, and their toilet being out of order. With emergency repairs, landlords must respond quickly.

Next Steps

If a tenant is current on rent and has followed the required procedures, and the landlord is still not making necessary repairs, tenants have other avenues to pursue. In general, tenants should follow up on a repair request before pursuing more formal avenues for resolution.

After making a second request and waiting a reasonable amount of time to give the landlord a chance to make the repair, tenants can terminate the lease or take the landlord to court.

Tenants may choose to terminate the lease and move out. Before embarking on this option, individuals should make sure they won’t violate any laws or lease agreements. The lack of repairs needs to affect their health and safety, and terminating a lease for minor repairs or issues may result in the tenant being liable for damages.

Tenants may also take a landlord to court to force them to make necessary repairs. A court may order a landlord to make repairs and award damages to the tenant.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about landlord-tenant law in Texas or how to address a landlord failing to make repairs, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

How to Draft an Enforceable Non-Compete Agreement in Texas

Fri, 15 Aug 2025 12:46:21 GMT

How to Draft an Enforceable Non-Compete Agreement in Texas

In June 2025, the Texas legislature passed a law that changes the requirements for non-compete agreements in the health care sector. While this only applies to one industry in the Lone Star State, it highlights the importance of workers knowing what a non-compete agreement can (and cannot) include.

The new law, which goes into effect September 1, 2025, applies to physicians, dentists, nurses, and physician assistants. It doesn't cover physicians currently serving in managerial or administrative roles.

For healthcare workers, non-compete agreements must now:

Be written in clear language
Be unenforceable if a physician was involuntarily terminated without cause
Include a buyout clause

These agreements cannot be for longer than one year and are limited to a five-mile radius.

While other states have banned non-compete agreements, Texas continues to allow them with limitations.

General Non-compete Requirements

As the recent law change for healthcare workers shows, some industries or professions may have specific requirements for non-compete agreements. In general, Texas requires that non-compete agreements not be overly broad.

In Texas, all non-compete agreements must be reasonable in terms of time, geographical area, and scope of activity. For example, an agreement that lasts for one year will generally be allowed, but an agreement for five years will not.

Similarly, an agreement that restricts someone from working for a competitor in the Houston area is more likely to be upheld than one that bans someone from working in the same industry anywhere in Texas.

In addition, non-compete agreements must be “ancillary to or part of an otherwise enforceable agreement” and include consideration. Consideration is a legal term for saying that both sides have to give something up for the agreement to be enforceable.

For example, a worker signs a non-compete agreement ahead of receiving specialized training. Here, the company provides the worker with training in exchange for the worker agreeing not to work for any competitors in the Dallas area for six months after leaving the company.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about non-compete agreements, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

Franchise Law in Texas: Key Legal Considerations for Franchisors and Franchisees

Wed, 13 Aug 2025 19:56:08 GMT

Franchise Law in Texas: Key Legal Considerations for Franchisors and Franchisees

Franchising can be an effective way for businesses to expand their brand and for entrepreneurs to enter a proven business model. However, both franchisors and franchisees in Texas must navigate a range of legal requirements to ensure compliance and protect their interests.

 Understanding Texas Franchise Law

Franchises in Texas are regulated under both federal and state laws. The Federal Trade Commission (FTC) enforces the Franchise Rule, which requires franchisors to provide a Franchise Disclosure Document (FDD) to prospective franchisees at least 14 days before signing an agreement. This document outlines essential information, including fees, obligations, and financial performance representations.

At the state level, Texas does not require franchise registration but still enforces laws related to fraud, misrepresentation, and the Texas Business Opportunity Act in certain cases. Contract terms, disclosures, and adherence to good faith and fair dealing remain critical.

Key Considerations for Franchisors

Clear Franchise Agreements: The agreement should outline territory rights, fees, operational standards, and renewal terms.
Trademark Protection: Protecting intellectual property ensures the brand’s identity is preserved.
Compliance with Advertising Rules: All marketing and earnings claims must align with FTC guidelines.

Key Considerations for Franchisees

Thorough Review of the FDD: Understanding costs, restrictions, and ongoing obligations before committing.
Negotiating Terms: Some contract provisions, such as territory exclusivity or renewal rights, may be open to discussion.
Ongoing Compliance: Adhering to operational standards is critical to maintaining the franchise relationship.

Dispute Resolution in Franchising

Common disputes include termination, territory issues, and fee disagreements. Mediation or arbitration is often required under franchise agreements, and litigation may be necessary in serious cases.

At Manfred Sternberg & Associates, we assist both franchisors and franchisees in understanding their legal rights, drafting and reviewing agreements, and resolving disputes. Our goal is to help clients in the Stuart community protect their business interests while navigating Texas franchise law with confidence.

Notice Requirements in Texas for Foreclosures

Fri, 01 Aug 2025 19:41:26 GMT

Notice Requirements in Texas for Foreclosures

Texas requires that property owners be informed about a pending foreclosure sale. How they are informed depends on whether the foreclosure is a judicial or non-judicial one.

Non-Judicial Foreclosures

The majority of foreclosures in Texas are non-judicial foreclosures. With a non-judicial foreclosure, the property owner will first receive a notice that informs them that they’re in default. This is to give them time to correct the problem and stop the foreclosure sale.

Banks cannot begin foreclosure proceedings until a mortgage is over 120 days delinquent. They must send two notices before beginning the foreclosure sale. The first notice, the Notice of Default, gives property owners either 20 or 30 days to either bring the loan current or work out a plan with the lender.

The second notice must give the property owner at least 21 days’ written notice of when the foreclosure sale will take place. The 21 days begin on the date the notice is mailed, not on the date the property owner receives the notice.

For unpaid property taxes, the local taxing authority can technically begin foreclosure as soon as a property tax becomes delinquent. The taxing authority will send a notice to the property owners to inform them of the date of the foreclosure sale.

Judicial Foreclosure

For a judicial foreclosure, the entity pursuing foreclosure files a petition with the local district or county court. The property owner will be served with papers informing them of the foreclosure.

Improper Notice

Texas requires that property owners receive notice of a pending foreclosure sale. If a bank, taxing authority, or other lienholder fails to give a property owner proper notice, the property owner can file a lawsuit. Proper notice is not only informing a property owner of the pending foreclosure but also following all other relevant laws, such as time requirements, as well.

In addition, the Texas Debt Collection Act bans the use of threats, coercion, and harassment by any debt collector. All communication should be open and timely.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about foreclosure notices or believe you have been improperly notified of a pending foreclosure, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

Understanding How Compensation Is Calculated in a Texas Personal Injury Case

Tue, 22 Jul 2025 19:04:58 GMT

Understanding How Compensation Is Calculated in a Texas Personal Injury Case

When you’ve been injured due to someone else’s negligence, one of the most pressing concerns is how much compensation you may be entitled to receive. In Texas, personal injury compensation is based on several key factors that consider the extent of your losses—both financial and non-financial.

At Manfred Sternberg & Associates, we help Houston residents pursue fair compensation and understand what to expect during the process.

Key Elements in Calculating Compensation

Texas follows a modified comparative fault system, meaning your compensation may be reduced if you are found partially responsible for the accident. If you are more than 50% at fault, you cannot recover damages at all.

Here’s a breakdown of how compensation is calculated in Texas personal injury cases:

1. Economic Damages

These are measurable financial losses, including:

Medical expenses: hospital bills, surgeries, medication, therapy, future medical care
Lost wages: income lost from being unable to work due to injury
Loss of earning capacity: if the injury affects your ability to work in the future
Property damage: such as repairs to a vehicle after an accident

2. Non-Economic Damages

These cover intangible losses, including:

Pain and suffering
Mental anguish
Loss of enjoyment of life
Physical impairment or disfigurement

Unlike economic damages, non-economic damages are more subjective and typically require supporting testimony or documentation to establish their impact.

3. Punitive Damages

In rare cases involving gross negligence or intentional harm, a court may award punitive damages. These are intended to punish the wrongdoer rather than compensate the victim.

How Fault Impacts Your Compensation

If you are partially at fault, Texas law reduces your award by your percentage of responsibility. For example, if your damages total $100,000 and you are found 20% at fault, your compensation would be reduced to $80,000.

Why Legal Guidance Matters

Insurance companies often aim to minimize payouts. An attorney can help gather evidence, assess damages accurately, and negotiate on your behalf. At Manfred Sternberg & Associates, we assist the Houston community by fighting for fair and full compensation after an injury.

What are the predictions for the 2025 Hurricane Season?

Tue, 15 Jul 2025 19:31:52 GMT

What are the predictions for the 2025 Hurricane Season?

The 2025 hurricane season kicked off on June 1. The National Oceanic and Atmospheric Administration (NOAA) has predicted a 60 percent chance of an above-average season with between 13 and 19 named storms and the possibility of up to five major hurricanes.

In July, hurricane researchers at Colorado State University, who had also predicted an above-average season, revised down their estimates. While the CSU team had forecasted 17 named storms and up to 4 major hurricanes, they have since decreased that number to 16 named storms and 3 major hurricanes. All still within NOAA’s predicted range, but an early hope that the season might end up being below average.

Much can happen between now and November 30, the traditional end of the hurricane season. Peak hurricane season is incoming, and as recent years have shown, hurricanes are overall increasing in number and intensity.

The uptick in severe weather events has also resulted in an increasing number of insurers looking to deny or downplay claims. This includes claims made for bad weather and Act of God events, even if a policyholder carries dedicated coverage.

Bad Faith Insurance Claims

When an insurer fails to reimburse a policyholder for damage that their policy covers, the insurer may be liable for engaging in bad faith . An insurer is typically in breach of contract when it fails to live up to its obligations to the policyholder.

Texas has two types of bad faith claims:

Common-law bad faith is when a policyholder proves the insurer denied the claim despite having a clear duty to reimburse.
Statutory bad faith claims are generally easier to prove. Through this avenue, policyholders rely on the Texas Insurance Act, which bans insurance companies from committing any “unfair or deceptive acts or practices.”

Unfair and deceptive practices can include misleading a policyholder about what the policy will cover. It may also include failing to respond in a reasonable time frame or denying a claim before conducting a reasonable investigation. It may also involve making unnecessary or unreasonable requests of a policyholder.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about insurance claims or property issues related to hurricanes and other natural disasters, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

What Rights Do Tenants Have If the Property They’re Renting Goes Into Foreclosure?

Tue, 01 Jul 2025 18:40:26 GMT

What Rights Do Tenants Have If the Property They’re Renting Goes Into Foreclosure?

Renters and tenants generally have fewer rights and more uncertainty than property owners. This doesn’t mean they don’t have rights or that they can be evicted without cause.

Tenants in Texas properties have rights to protect their home and their right to live peacefully. This includes if and when the property they’re renting is foreclosed upon. Even in the case of a foreclosure, tenants won’t be immediately kicked out onto the street.

Non-Judicial Foreclosure

Non-judicial foreclosures are the most common type of foreclosure in Texas. An individual or organization that has a lien against a property, such as a taxing authority, can sell the property without a court order. With non-judicial foreclosures, tenants are generally not notified of the impending sale.

Judicial Foreclosure

An uncommon type of foreclosure is a judicial foreclosure. When opting for this path, the individual or organization that has a lien against the property, such as a bank, files a civil lawsuit against the homeowner. Before selling the property, they must obtain a court order.

If the property has a tenant, the tenant should be listed as a party to the lawsuit and will be served. They will be updated throughout the case.

After the Sale

Once the rental property is sold, what happens next depends on the type of lease a tenant has. Tenants must be “bona fide,” meaning they’re legally residing in the property, to receive the following protections.

The new owner could choose to allow the tenant to remain. If they do not, they must follow certain guidelines. Tenants on month-to-month leases must be given at least 90 days’ notice if the new owner wants them to move out.

Tenants with a lease, such as a one-year lease, can remain in the property until their lease expires. The exception is if the new owner plans to move into the property. In this situation, the new owner must give the tenant at least 90 days’ notice.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about landlord and tenant rights or foreclosures, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

Why Motorcycle Accident Claims Are Different from Car Accident Cases in Texas

Thu, 19 Jun 2025 14:29:28 GMT

Why Motorcycle Accident Claims Are Different from Car Accident Cases in Texas

Motorcycle accident claims are not handled the same way as car accident claims—and in Texas, the differences can significantly impact your right to compensation. At Manfred Sternberg & Associates , we help individuals in Houston navigate these complex legal distinctions and fight for fair outcomes.

Higher Risk, More Severe Injuries

Motorcyclists are far more vulnerable on the road. Unlike cars, motorcycles don’t offer the same protection, such as seat belts, airbags, or steel frames. As a result, injuries in motorcycle crashes tend to be more severe—often involving broken bones, spinal cord damage, traumatic brain injuries, or even fatalities. These serious injuries often require extensive medical treatment and long-term rehabilitation, which means the value of a motorcycle claim is usually higher than that of a car accident.

Bias Against Motorcyclists

One major difference in motorcycle cases is the presence of bias . Insurance companies and jurors may view motorcyclists as reckless or irresponsible, which can negatively affect a claim even if the motorcyclist was following all traffic laws. Overcoming this bias requires strong evidence, persuasive legal arguments, and often expert testimony—things an experienced attorney can help build and present.

Different Accident Dynamics

Motorcycle crashes often involve different types of accidents than cars—like left-turn collisions, lane-splitting incidents, and road hazards. These types of crashes require a different kind of investigation to prove fault. For example, poor road conditions may play a much bigger role in a motorcycle accident than in a car accident.

Insurance Challenges

Texas requires minimum insurance coverage, but motorcycle accidents often result in damages that far exceed policy limits. Insurance companies may try to downplay injury severity or shift blame to the motorcyclist. This makes having legal support critical to ensure you’re not pressured into a lowball settlement.

The Role of Comparative Negligence

Texas follows a modified comparative negligence rule. If you are found to be more than 50% at fault, you cannot recover compensation. Insurance companies may try to assign more blame to a motorcyclist to reduce their own liability. Building a strong case to push back against unfair fault assessments is essential.

At Manfred Sternberg & Associates , we understand the legal, medical, and personal challenges Houston motorcyclists face after a crash. If you've been injured in a motorcycle accident, don’t assume it’s the same process as a car accident claim—contact our office for a case review.

How to Choose the Right Business Structure When Starting a Business in Texas

Sun, 15 Jun 2025 18:24:18 GMT

How to Choose the Right Business Structure When Starting a Business in Texas

When starting a business, one of the foundational questions for the founder is how to structure the business. The business structure a founder selects can affect taxes, liability, and numerous other issues.

The Texas Secretary of State lists the following types of common business structures:

Sole proprietorship
General partnership
Corporation, S-corp , or C-corp
Limited liability corporation
Limited partnership
Limited liability partnership

Sole proprietorship, for example, is the easiest and most common business structure in the Lone Star State. The downside is there’s no division between owner and business, meaning an owner is fully liable for business debts and other obligations.

At the other end of the spectrum, corporations are the most complex. They also offer the highest level of protection between personal and business. Higher regulatory requirements and compliance, however, make this option a considerable investment in money and time.

Considerations When Selecting a Business Structure

The best business structure depends on the specific circumstances of the founder, the reasons for the business’s creation, and the business’s long-term goals. Some questions to consider:

What are the pros and cons of each potential business structure?
In a business’s industry, what are the most commonly used business structures?
What is the acceptable level of personal liability?
What are the tax advantages and disadvantages for each of the possible business structures?
How does the founder want the IRS to tax business profits?
What is the ownership structure? Is it a single owner or multiple? Will the business have any investors?
What is the company’s long-term growth plan?
Will the business have a more formal or informal structure for employees?
How complex is the business’s structure?

The question isn’t just what’s the best option now. Founders and owners should also consider what’s the best choice for five or ten years in the future.

Owners and founders should also consider what works best for their specific business and situation. An industry may, for example, predominantly use general partnerships, but a specific business would do better under a limited liability partnership.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about which business structure is right for your company and how to create it, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

Is Texas a “Friendly” State in Which to Start a New Corporation?

Sun, 01 Jun 2025 11:16:29 GMT

Is Texas a “Friendly” State in Which to Start a New Corporation?

Texas is generally considered one of the most business-friendly states. While no state is perfect, Texas is generally regarded as one of the best states to start a corporation.

In 2023, CNBC ranked Texas in the Top Three for business-friendly states . The Lone Star State was also in Shopify’s Top Three for starting a business .

The Texas Advantage

The state has a large labor pool, business-friendly laws, and a stable economy. While Austin is perhaps best known for its embrace of innovation and entrepreneurs, that attitude can be found throughout the state.

With a workforce of over 15 million, companies can find talent to fill positions in a variety of roles. The state has consistently ranked near the top in terms of its labor pool.

The state also offers significant financial advantages. While the cost of living, like everywhere else, has increased in recent years, Texas generally requires a lower amount of capital to start a corporation.

Texas offers companies multiple tax benefits. Businesses can take advantage of credits, job creation incentives, and startup financing initiatives. It’s also one of a handful of states that doesn’t tax corporate earnings.

Setup Costs and Liability

One challenge with setting up a corporation in Texas is that the process is more time-consuming and expensive when compared to other business structures. It also requires more setup ahead of focusing on the business. Corporations must file a Certificate of Formation with the Texas Secretary of State, adopt corporate bylaws, and issue shares. While corporations may have a single shareholder, most have multiple shareholders.

While corporations may, and often do, have a board of directors, it’s not required in Texas. Shareholders can directly manage the corporation.

Shareholders and company officers are generally not personally liable for a corporation’s losses or obligations. That said, some banks or loan companies may require a personal guarantee, especially early on, before they will approve a loan. In this case, an individual would be personally liable for any issues with the loan, such as if the company defaults.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about starting a corporation or other business in Texas, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

The 5 Most Common Types of Truck Accidents in Houston

Thu, 15 May 2025 18:11:22 GMT

The 5 Most Common Types of Truck Accidents in Houston

According to the Texas Department of Transportation. Houston recorded over 66,000 traffic accidents in 2024. Harris County had more than 115,000 accidents , which was approximately 20 percent of all accidents that occurred in Texas.

Within the county, over 6,300 accidents involved commercial motor vehicles. Another 3,300 were attributed to the driver being under the influence of alcohol or drugs.

Accidents involving trucks can result in serious injury and damage because the vehicles tend to be larger and heavier. The type of truck, the weather conditions, and the time of day can all play a role in the cause and severity of an accident.

Accidents can occur for a variety of reasons. They can be single-vehicle or multi-vehicle. They may involve pedestrians. The following are five of the most common types of truck accidents in Houston.

Multi-Vehicle Collisions

Rear-end collisions, jackknife accidents, and rollover accidents are three common types of collisions involving trucks. Jackknife accidents can be especially serious and often occur during periods of bad weather or poor visibility.

Distracted Driving

Driver inattentiveness continues to be a common cause of accidents. Glancing away from the road, adjusting or reading a screen, or any activity that pulls a driver’s attention away from the road can result in an accident.

Speeding

Excessive speed accounted for almost 100,000 accidents in urban areas of Texas in 2024. For large trucks, speed can be dangerous because they can’t easily slow down or stop.

Lane Changes

A driver’s failure to signal or check before switching lanes is another common cause of accidents. Larger trucks can have sizable blind spots, and other drivers may not always realize that they aren’t visible to the truck driver.

Turning

Turning into the wrong lane, or turning too wide or too tight, are common causes of accidents. Similar to lane changes, other drivers may not always appreciate that larger trucks require a larger turn radius. Drivers may also underestimate how much space they need to turn.

Hire a Skilled Lawyer Who Knows Texas

Truck accidents can range from minor to serious and potentially involve tens of thousands of dollars. Knowing the reasons for an accident, as well as the road conditions and situation when the accident occurred, is crucial in any accident case. The attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

Texas Property Disclosure Laws: What Sellers Must Reveal to Buyers

Wed, 14 May 2025 15:32:42 GMT

Texas Property Disclosure Laws: What Sellers Must Reveal to Buyers

When it comes to selling a home in Texas, full transparency isn’t just polite—it’s required by law. Texas property disclosure laws are designed to protect both buyers and sellers by ensuring important details about a home’s condition are clearly communicated. At Manfred Sternberg & Associates , we help Houston residents navigate these legal obligations to avoid disputes and ensure smooth real estate transactions.

Understanding the Texas Seller’s Disclosure Notice

Texas law requires most home sellers to complete a Seller’s Disclosure Notice . This document provides detailed information about the property’s condition, including structural issues, plumbing or electrical problems, and any known hazards. It must be delivered to the buyer on or before the date the purchase contract is signed.

Some of the specific disclosures include:

Previous flooding or water damage
Termite infestations or other pest-related issues
Foundation cracks or settling
Roof defects or leaks
Legal issues such as boundary disputes or unpermitted improvements

Failure to provide this notice could give the buyer the right to terminate the contract—or even sue for damages if problems are later discovered.

Who Is Exempt?

Not every seller is required to fill out a disclosure form. Common exemptions include:

Transfers between family members
Foreclosure sales
Estate sales by executors or trustees
New construction homes (builders may have separate obligations)

Even when not legally required, offering disclosures in these cases may still be wise to avoid potential liability.

Why Full Disclosure Matters

Providing an accurate and complete disclosure helps to:

Build trust with the buyer
Prevent legal disputes after the sale
Protect the seller from accusations of fraud or misrepresentation

If a buyer later discovers an undisclosed issue—especially one the seller knew about—the legal consequences can be serious, including lawsuits and financial liability.

Get Legal Guidance Before You List

Selling a home is more than a financial transaction—it’s a legal process that requires careful attention to detail. At Manfred Sternberg & Associates , we advise Houston homeowners and real estate investors on how to meet Texas disclosure requirements and protect themselves from costly litigation.

Contact us today to make sure your property sale is handled legally and confidently.

The Risks of Doing Nothing If Your Property Faces a Tax or Mortgage Foreclosure Sale

Thu, 01 May 2025 18:00:58 GMT

The Risks of Doing Nothing If Your Property Faces a Tax or Mortgage Foreclosure Sale

Facing a mortgage or tax foreclosure sale can be a stressful situation. For some people, avoiding the problem or pretending it doesn’t exist can feel like the best course of action.

While that may feel like the best move in the short term, in the long term, doing nothing is the worst approach for these issues. That some people do nothing isn’t surprising. Navigating foreclosures can be confusing. Figuring out the right thing to do can be overwhelming.

The problem is that doing nothing not only hurts the property owner but may make it easier to initiate the foreclosure sale. The institution involved with a foreclosure sale simply has to follow the rules to sell someone’s property legally.

Going Radio Silent

Property owners in financial distress may stop communicating with a bank or taxing authority. Especially if they don’t have the money, they may think it’s pointless to communicate.

The risk of not communicating is that it may deprive a homeowner of options such as extending or reducing payments, setting up a payment plan, or getting a temporary forbearance to prevent a foreclosure sale. In some cases, institutions may be more willing to work with a property owner who is in contact with them.

Missing Deadlines

Failing to respond or file paperwork on time can limit a property owner’s options. It may bar them from being able to appeal a decision. It may make it more difficult for them to contest the sale.

Similar to not communicating, missing deadlines may make it difficult, if not impossible, for a property owner to request a forbearance or payment plan as an alternative to foreclosure.

Failing to File Paperwork

Not submitting paperwork, failing to sign, and submitting the wrong documents can be similar to doing nothing for a foreclosure sale. It may also bar you from some avenues for resolution. In some cases, submitting the wrong paperwork can be the same as missing a deadline.

Hire a Skilled Property Lawyer Who Knows Texas

The threat of a foreclosure can be overwhelming. Doing nothing increases the likelihood of a foreclosure. A skilled property lawyer can help you navigate the process and be proactive. If you have questions about foreclosure or property law issues in Texas, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

Understanding the Statute of Limitations for Car Accidents in Texas

Wed, 30 Apr 2025 15:06:00 GMT

Understanding the Statute of Limitations for Car Accidents in Texas

When you’re injured in a car accident in Texas, it’s important to understand your legal rights—especially how long you have to file a lawsuit. This critical deadline is known as the statute of limitations, and missing it can mean losing your ability to recover damages. At Manfred Sternberg & Associates, we assist individuals across the Houston area in navigating these deadlines and securing the compensation they deserve.

What Is the Statute of Limitations for a Car Accident in Texas?

Under Texas Civil Practice and Remedies Code §16.003, the statute of limitations for filing a personal injury claim after a car accident is two years from the date of the crash. This two-year window applies to claims for both bodily injury and property damage.

Failing to file within this period generally results in the court dismissing your case, no matter how strong your claim may be. It’s a firm deadline, and while there are rare exceptions, it’s best not to rely on them.

Exceptions to the Two-Year Rule

In limited circumstances, the statute of limitations may be extended or “tolled.” Some examples include:

Injured minors : If the injured person is under 18, the two-year clock usually begins on their 18th birthday.
Lack of mental capacity : If the injured party is deemed mentally incapacitated, the deadline may be extended until they are legally competent.
At-fault party leaves the state : If the responsible party leaves Texas before the lawsuit can be filed, the time they are absent may not count toward the two-year limit.

Even in these cases, courts require strict proof that the exception applies.

Why Acting Quickly Matters

Preserving evidence, obtaining witness statements, and accessing medical records is easier the sooner you act after an accident. Insurance companies may delay or deny claims based on missed deadlines, and your bargaining power weakens over time. Contacting an attorney as soon as possible allows your legal team to prepare a stronger, more compelling case.

Get Legal Support in Houston from Manfred Sternberg & Associates

If you’ve been injured in a car accident in Texas, don’t wait until it’s too late. At Manfred Sternberg & Associates, we provide experienced legal representation to the Houston community. We understand the legal process and can help ensure your claim is filed on time and backed by solid evidence.

Most Common Business Disputes in Texas

Tue, 15 Apr 2025 17:53:42 GMT

Most Common Business Disputes in Texas

Disagreement is part of life. When disputes involve business interests, however, they can often be emotional and complicated. Often, each side is right and wrong in its ways.

Business disputes can occur for any number of reasons. Here are three of the more common bases for disagreement.

Contract Disputes

If you ask attorneys, “What is a chicken?” many will have flashbacks to law school. As part of contract law courses, law students have to read an infamous 1960 case about two companies that disagreed about what was meant by “chicken.”

Over six decades later, contract disputes remain a common source of disagreement in business. Many contract disputes begin with seemingly innocuous terms. For example:

Deliveries must be made by two.
Payment must be made by the seventh day of the month.

Both sentences seem straightforward. Are deliveries required to be made by 2 am or 2 pm? Does the seventh day mean calendar or business days?

Contract disputes can be complicated because, often, both sides are right and wrong. Determining which one is “more” right can be challenging.

Disagreements Between Business Partners

Much like marriage, business partnerships usually start on an optimistic note. Also, like marriage, disagreements happen.

A business is struggling, and the partners have drastically different ideas about how to turn things around. A married couple founded a business together, but now they’re divorcing, and each wants the business. One partner may be ready to close a business, and the other may want to keep going.

These disputes can also turn highly personal. Business partners often have longstanding relationships, and disagreements can often feel highly personal.

Accidents and Negligence

A customer falls and sustains an injury while shopping in a store. Is the store liable? It depends.

In some of these cases, it’s easier and more financially sound to settle. In other cases, business owners and their employees will need to prepare for depositions.

A good legal team can help a business owner understand their options and how to navigate personal injury cases in a way that minimizes harm to their business.

Hire a Skilled Business Lawyer Who Knows Texas

Business disputes can occur for a variety of reasons. If you have questions about finding resolutions to business disputes in Texas, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

After a Successful Enforcement of a Foreign Judgment, How Do You Collect?

Tue, 01 Apr 2025 17:46:44 GMT

After a Successful Enforcement of a Foreign Judgment, How Do You Collect?

After filing a suit in another state, a Texan is thrilled that he prevails in his lawsuit. A judge orders the other party to pay him, and that seems to be the end. A happy ever after for the Texan.

Awarding a judgment, however, is not the same as paying a judgment. When a judgment is entered into another state court, but the other party doesn’t pay, individuals do have avenues to pursue payment of the judgment.

Uniform Enforcement

The majority of states, including Texas, have adopted the Uniform Enforcement of Foreign Judgments Act into their laws. This act requires states to give “full faith and credit” to other states’ judgments.

In Texas, individuals can file an authenticated copy of a foreign judgment with any court clerk’s office. Once filed, a court will treat the judgment the same as if it had come from a Texas court. This is known as domestication.

Along with the authenticated copy, individuals must file an affidavit that includes the name or names, as well as the last known address of the judgment debtor and the judgment creditor. Once filed, the judgment creditor or their attorney must file a notice of the foreign judgment to the debtor at their last known address.

The judgment debtor can file to either stop or pause domestication. Once a judgment is domesticated, however, the judgment is subject to Texas’s collection time requirements.

Collection Window

Texas has a 10-year window for collection. If an individual is unable to collect within that decade, they can extend the time for another decade via a writ of execution. All requests for extensions must be filed before a 10-year collection period expires.

Hire a Skilled Legal Team That Knows Texas

Collecting judgments can be frustrating. Individuals must have the proper paperwork and file it on time in order to pursue a judgment. If you have questions about what you can do, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

Can You Sue for Breach of a Verbal Contract in Texas?

Mon, 24 Mar 2025 14:31:56 GMT

Can You Sue for Breach of a Verbal Contract in Texas?

Many people assume that a contract must be in writing to be enforceable, but that’s not always the case—especially in Texas. Verbal agreements can carry the same legal weight as written ones under Texas law. However, pursuing a lawsuit for breach of a verbal contract comes with its own challenges.

Are Verbal Contracts Legally Binding in Texas?

Yes, verbal contracts are generally enforceable in Texas as long as they meet the essential elements of a contract:

Offer : One party makes a clear proposal.
Acceptance : The other party agrees to the terms.
Consideration : Something of value is exchanged.
Mutual intent to be bound : Both parties intend to create a binding agreement.
Legal purpose : The contract is for a lawful purpose.

If these elements are present, a verbal agreement can be just as valid as a written one—unless it falls under the “Statute of Frauds.”

What Is the Statute of Frauds?

The Statute of Frauds is a legal principle that requires certain types of contracts to be in writing to be enforceable. In Texas, contracts that typically must be in writing include:

Agreements that cannot be performed within one year
Contracts involving real estate
Agreements to pay someone else’s debt
Marriage or prenuptial agreements
Contracts for the sale of goods over $500 (under the Texas Business & Commerce Code)

If your verbal agreement falls into one of these categories, it may not be enforceable without a written contract.

Challenges of Proving a Verbal Contract

Even if your verbal contract is legally binding, proving it in court can be difficult. Without a written document, the case may rely on:

Witness testimony
Emails or text messages referencing the agreement
Proof of performance or payment
Behavior that shows both parties intended to form a contract

Courts will evaluate all available evidence to determine whether a contract existed and whether a breach occurred.

What To Do If You Believe a Verbal Contract Was Breached

If someone broke a verbal agreement with you, it’s important to act quickly:

Gather evidence – Collect communications, receipts, and any other proof.
Document the breach – Write down what happened, when, and how the other party failed to uphold their end.
Consult with an attorney – Legal guidance can help you understand your rights and whether you have a viable case.

Legal Support for Contract Disputes in Houston

At Manfred Sternberg & Associates , we assist individuals and businesses in Houston with contract disputes—including those involving verbal agreements. We understand the nuances of Texas contract law and can help you determine the best course of action.

What are the Steps to Evict a Non-Paying Tenant in Harris County, TX?

Sat, 15 Mar 2025 17:18:30 GMT

What are the Steps to Evict a Non-Paying Tenant in Harris County, TX?

Even when a tenant isn’t paying rent, landlords still need to follow the law. Failing to evict a tenant properly can open a landlord up to other legal issues.

A landlord cannot immediately evict a non-paying tenant. Landlords may wish to begin with informal methods to resolve the situation before moving to eviction.

Before and during the eviction process, a landlord should document as much as possible. This can include any communication with the tenant, such as attempts to work with the tenant to resolve their unpaid rent, and when and how the tenant did and did not pay rent.

The Eviction Process

To begin the eviction process, a landlord must give the tenant a written notice to vacate. In general, landlords must give tenants at least three days to move out. The rental agreement may also come into play here, as well as the federal CARES Act . Properties with federally-backed mortgages, for example, may require a 30-day notice.

The second step is to file a petition for eviction. An eviction proceeding must include every tenant on the lease.

At the eviction hearing, both the landlord and tenant have the opportunity to present their side. This can include evidence and witnesses. A judge will then rule on the case.

A judgment for possession means the judge sides with the landlord. A judge may award damages for unpaid rent. Alternatively, a landlord can pursue their now-former tenant for the unpaid rent in small claims court.

Following the ruling, both parties will have five days to appeal.

If a landlord prevails and the tenant still doesn’t vacate the property, the landlord can ask the judge for a writ of possession. It can be issued beginning six days after the judgment for possession is signed. These writs generally give the tenant 24 hours to vacate the premises before the local law enforcement is authorized to remove them.

Hire a Skilled Property Lawyer Who Knows Texas

If you’re a landlord in Harris County, it’s important to follow the law when dealing with problematic tenants. Don’t give them any grounds to go after you. If you have questions about landlord and tenant issues in Texas, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

If You Lose Your Property in a Tax or Mortgage Foreclosure Sale, Do You Lose Your Mineral Rights Too?

Sat, 01 Mar 2025 17:13:40 GMT

If You Lose Your Property in a Tax or Mortgage Foreclosure Sale, Do You Lose Your Mineral Rights Too?

In Texas, mineral rights may or may not be attached to a property or surface rights. Who owns what can vary depending on what a current or former owner did with the property and mineral rights.

Texas allows for surface rights to be severed from mineral rights. When purchasing a property, a deed should make clear whether the sale includes mineral rights.

Surface Rights, Mineral Rights, and Foreclosures

This potential difference in property rights can come into play during foreclosure sales. If someone else owns the mineral rights under a foreclosed property, those rights are not part of the foreclosure sale.

A different person or entity owns those rights, and they are irrelevant to the foreclosure sale. In a way, it’s not different than someone who owns the plot next door to a foreclosed property. Its sole relationship to the foreclosure sale is its close physical proximity.

In situations when a property covers both the surface and mineral rights, both can be foreclosed on. It’s no different than any other property undergoing foreclosure: The entire property is available as part of the sale.

When a property owner has both surface rights and mineral rights, one consideration, ahead of foreclosure, might be selling one or leasing their mineral rights to raise the money necessary to stop the foreclosure sale.

For those who lose mineral rights as part of a foreclosure, they can generally use the same laws on redemption as any other foreclosed property. For example, with a tax lien foreclosure, an owner has two years to redeem the property if the purchaser wasn’t a taxing unit, such as a county or other government agency. A lawyer can help individuals determine if they qualify for the redemption process and how to navigate it.

Hire a Skilled Property Lawyer Who Knows Texas

Foreclosure and mineral rights are two important but complex areas of Texas property law. If you have questions about property ownership and safeguarding your rights, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.

The Advantages of Forming an LLC in Texas

Wed, 19 Feb 2025 16:18:16 GMT

The Advantages of Forming an LLC in Texas

For entrepreneurs and small business owners, forming a Limited Liability Company (LLC) in Texas offers several key advantages. Texas is known for its business-friendly environment, and an LLC structure provides flexibility, liability protection, and tax benefits that make it an attractive choice. At Manfred Sternberg & Associates , we help Houston business owners navigate the legal aspects of forming and managing an LLC, ensuring compliance and protection for their enterprises.

1. Limited Liability Protection

One of the primary benefits of forming an LLC is the protection it offers its owners. Members of an LLC are not personally liable for business debts or legal judgments against the company. This means that personal assets, such as homes and savings, are safeguarded from business-related lawsuits or financial obligations.

2. Favorable Tax Treatment

LLCs enjoy pass-through taxation, meaning profits and losses are reported on the owners’ personal tax returns rather than being subject to corporate tax. Texas also does not have a state income tax, which further reduces the financial burden on business owners. This structure allows for significant tax savings compared to corporations, which may be taxed at both the corporate and personal income levels.

3. Flexibility in Management and Structure

Texas LLCs have the flexibility to be managed by their members (owners) or by appointed managers. Unlike corporations, which require a board of directors and formal meeting structures, LLCs can operate with fewer administrative requirements. This makes them ideal for small businesses and startups that prefer a streamlined approach to management.

4. Fewer Compliance Requirements

Compared to corporations, LLCs have fewer regulatory and reporting obligations in Texas. There is no requirement for annual meetings or extensive record-keeping. This reduces the administrative burden on business owners and allows them to focus more on growth and operations.

5. Strong Business Reputation

Operating as an LLC can help build credibility with customers, suppliers, and investors. Having an LLC designation signals professionalism and commitment, which can be beneficial when seeking financing or entering contracts. Many larger corporations prefer to work with formally registered businesses rather than sole proprietorships.

6. Perpetual Existence

Unlike sole proprietorships or general partnerships, an LLC does not automatically dissolve if an owner leaves or passes away. Instead, Texas law allows LLCs to have perpetual existence, ensuring continuity and stability in business operations.

Start Your LLC with Legal Guidance

At Manfred Sternberg & Associates , we assist Houston entrepreneurs in setting up and managing their LLCs efficiently. From drafting operating agreements to ensuring compliance with Texas laws, we provide legal guidance to protect your business interests. If you’re considering forming an LLC in Texas, reach out to us for personalized legal support.

How to Read (and Understand) an Insurance Policy, Part 2

Sat, 15 Feb 2025 17:06:23 GMT

How to Read (and Understand) an Insurance Policy, Part 2

This is the second of a two-part series on common terms relating to homeowner’s insurance policies. In this section, we look at supplemental policies and two common problems with policies.

Supplemental Policies

Supplemental policies are add-ons to a traditional insurance policy. Compare it with buying a new car and opting to add the cold-weather package. Someone in Florida won’t need a cold-weather package for their new SUV, but for someone living in Colorado, that package is less of a luxury and more of a necessity.

Supplemental policies are similar. If a homeowner lives in an area at a higher risk for flooding or hurricane damage, a supplemental policy is less of a luxury and more of a necessity.

Common types of supplemental insurance include fire, flood, and sewer backup policies. Individuals who have detached structures on their property, such as a shed or detached garage, made a supplemental “other structures” policy.

The Dangers of Underinsuring

Underinsurance happens when a homeowner’s policy covers less than the real or current market value of their property. It can also occur when a homeowner doesn’t have needed supplemental policies, such as protection against hurricane damage.

When they make a claim, their claim may exceed the limit covered by the insurance company. Alternatively, they may find their policy doesn’t cover any of the damage, leaving them to cover the costs out-of-pocket.

Bad Faith Claim

A bad faith claim occurs when a homeowner makes a legitimate claim, and the insurer denies it or otherwise behaves inappropriately. In some situations, a homeowner may be able to claim damages or additional compensation from an insurer engaging in bad faith.

Get Help Navigating Homeowners Insurance in Texas

Determining what qualifies as adequate insurance can be overwhelming. Equally challenging can be making sure an insurer honors its obligations in a policy.

If you have questions about homeowners' insurance in Texas, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.

How to Read (and Understand) an Insurance Policy, Part 1

Sat, 01 Feb 2025 17:02:44 GMT

How to Read (and Understand) an Insurance Policy, Part 1

When researching or renewing a homeowner’s insurance policy, one of the challenges can be understanding the details of the policy. The insurance industry has many unique terms that often aren’t seen outside the industry or in a homeowner’s insurance policy.

Understanding these terms and what they cover can help homeowners better select the right policy for them. It can also be useful in knowing when they may need supplemental coverage or when they may need to increase (or decrease) their coverage.

In this two-part blog series, we cover some of the more common terms homeowners will find on their insurance policies.

Insurance Agreement

The legal contract between an insurance company and a homeowner is known as the insurance agreement. As part of this agreement, the insurer agrees to take on the risk of financial losses, and the insured agrees to pay a premium.

Policy Limits

A policy limit is the maximum monetary amount an insurer will pay out for a claim. All insurance policies should state the policy limits.

Dec Page

Short for declaration page, a dec page is a summary of a homeowner’s policy and coverage. It should include the address of the covered property, the policy’s effective dates, and the policy’s limits and deductibles. Homeowners should receive a new dec page for each renewal period.

Exclusions

Homeowner’s insurance doesn’t cover everything. All homeowner’s insurance policies should have an exclusions section. This part of a policy should spell out, in detail, what the policy doesn’t cover. For example, many homeowners’ policies don’t cover flooding, mold, or wind damage. These exclusions can be especially important when a property is located in a hurricane zone. Homeowners who are unaware of what their policy doesn’t cover may end up responsible for thousands of dollars' worth of repairs.

Difference in Conditions (DIC)

Difference in Conditions, or DIC policies, cover gaps in a traditional insurance policy. DIC policies can provide additional and expanded coverage, which can be especially important in areas that experience hurricanes and potential flooding. DIC policies are most often used to help homeowners protect against damage from natural disasters.

In the second part, we look at additional terms and two common insurance problems facing homeowners.

What Are the Documents Required for a Residential Real Estate Transaction in Houston?

Thu, 30 Jan 2025 17:04:55 GMT

What Are the Documents Required for a Residential Real Estate Transaction in Houston?

Buying or selling a home in Houston requires careful attention to legal and financial documents to ensure a smooth transaction. Whether you are a buyer or seller, having the necessary paperwork in place is essential to protect your rights and avoid delays. At Manfred Sternberg & Associates , we provide legal assistance to Houston residents navigating residential real estate transactions.

The key documents required in a Houston residential real estate transaction include:

Purchase Agreement – This legally binding contract outlines the terms of the sale, including the purchase price, closing date, contingencies, and responsibilities of both parties.
Seller’s Disclosure Notice – Required by Texas law, this document informs the buyer of any known defects or issues with the property.
Title Documents – A title search is conducted to verify legal ownership and ensure there are no liens or encumbrances on the property. Title insurance is also recommended to protect against potential title disputes.
Deed – The general warranty deed or special warranty deed transfers ownership from the seller to the buyer and must be recorded with the county.
Loan Documents (for Buyers Using Financing) – If the buyer is obtaining a mortgage, they must sign a promissory note, loan agreement, and deed of trust, which secures the lender’s interest in the property.
Closing Disclosure – This document details all costs associated with the transaction, including loan fees, taxes, and closing costs. Buyers and sellers must review and agree to these terms before closing.
Home Inspection Report – While not legally required, buyers often obtain an inspection report to assess the condition of the property before finalizing the purchase.
Homeowners Association (HOA) Documents (if applicable) – If the property is part of an HOA, buyers must receive HOA bylaws, financial statements, and fee disclosures .

Understanding these documents is essential for a successful real estate transaction. At Manfred Sternberg & Associates , we help buyers and sellers in Houston review contracts, resolve legal issues, and ensure a seamless closing process.

Squatter laws in Texas: Rights of Squatters vs. Rights of Property Owners

Wed, 15 Jan 2025 16:58:30 GMT

Squatter laws in Texas: Rights of Squatters vs. Rights of Property Owners

Squatters do have rights in Texas, and those rights can intersect with property owners’ rights. A squatter is an individual who moves into a property without any legal right to that property and without the owner’s permission.

Squatters Rights

The legal term for squatters is adverse possession . In Texas, depending on the property, they may establish a potential right to a property after three, five, or ten years.

A squatter cannot simply go into a property and state that it now belongs to them. They must establish continuous possession and cannot have a valid lease or rental agreement with the owner.

The squatter must openly live on the property and must have exclusive possession. There’s no such thing as secret adverse possession: If neighbors aren’t aware someone is living on the property, adverse possession may not apply. If the squatter ends their residence on the property, the time requirement resets.

General requirements for establishing adverse possession:

For the three-year requirement, the squatter has claimed ownership, or color of title, for that period without any breaks
For the five-year requirement, the square has a recorded deed, paid property taxes, and cultivated the land
For the ten-year requirement, the squatter has occupied the land if the land is less than 160 acres if open, but more if enclosed

Property Owners Rights

If someone is occupying their property without permission or any legal right, a property owner may bring suit to evict that person. Property owners should begin legal proceedings as soon as possible and be aware that they do have a limited time to file a lawsuit.

While it can be tempting to remove squatters forcibly, property owners should call the police or other local law enforcement. Allowing law enforcement to handle the situation reduces a property owner’s potential liability and establishes a paper trail. This paper trail can be especially beneficial if a case proceeds to court.

To evict a squatter, a property owner must file a formal eviction notice and follow the state’s requirements for evictions. If a squatter doesn’t leave even after the property owner follows the necessary steps, the property owner should contact law enforcement.

Hire a Skilled Property Lawyer Who Knows Texas

Adverse possession is a difficult area of law to navigate. If you have questions about establishing property ownership and safeguarding your rights, the attorneys at Manfred Law can help Texas. Call us at 713-547-5460 or contact us online to schedule your consultation.

Understanding the Burden of Proof in Texas Quiet Title Actions

Wed, 01 Jan 2025 16:46:50 GMT

Understanding the Burden of Proof in Texas Quiet Title Actions

For property owners who want to establish undisputed ownership of a property, filing for a Quiet Title is one of the most common options to protect their interests. This type of title establishes clear ownership over a property. This can be especially beneficial before putting a property up for sale or refinancing.

In lawsuits related to Quiet Title, the person who files, or the plaintiff, generally has the burden of proof. They’re responsible for establishing their legal claim to the property in question. In Rogers v.Ricane Enterprises, Inc. , The Supreme Court of Texas stated that the plaintiff has the burden of establishing that they have a title superior to the defendant’s.

A plaintiff can establish their superior title through evidence. The goal is to show, via evidence, that their claim is valid and that they have a superior claim compared to anyone else who claims ownership of the property. Ideally, the plaintiff will also produce evidence that shows the other claimants have no legitimate interest in the property.

Evidence often used to establish a superior title:

Deeds
Surveys
Affidavits
Expert testimony
Witness statements
Historical records
Chain of title
News articles
Proof of maintaining property
Financial records, such as bank or mortgage statements
Text messages, emails, and other written communications

What evidence a plaintiff should submit depends on the circumstances of their case. No two cases are identical, and evidence that works in one case may not be effective in another. An attorney can help their client determine the best evidence to help them establish a strong case.

In general, establishing superior ownership involves multiple types of evidence. If there’s clear ownership, a case generally won’t go to court but should be quickly settled. Cases that take longer usually require multiple types and sources of evidence to establish a clear and undisputed title.

Hire a Skilled Property Lawyer Who Knows Texas

If you have questions about quiet title, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.

When to Seek Legal Help for Breach of Contract Issues

Fri, 20 Dec 2024 01:01:20 GMT

When to Seek Legal Help for Breach of Contract Issues

Contract disputes can arise in both personal and business matters, and when one party fails to uphold their part of the agreement, it may result in a breach of contract. Whether the breach is significant or minor, it can cause confusion and disrupt relationships. Knowing when to seek legal assistance is crucial in protecting your rights. In this post, we'll explore when it's time to consult a legal professional if you're facing a breach of contract situation.

What Constitutes a Breach of Contract?

A breach of contract occurs when one party fails to meet the obligations outlined in a legally binding agreement. The breach may involve failing to perform a service, deliver goods, or make payments as specified. Breaches can be classified into two categories: minor breaches, such as a delayed payment, and material breaches, where the agreement is not fulfilled as agreed. Understanding the nature of the breach is essential before taking legal action.

When Should You Seek Legal Help?

If you believe that a breach has occurred, it's important to assess the situation carefully. Initially, you might try to resolve the matter directly with the other party. However, if negotiations fail, it may be time to seek legal help. A lawyer can help you evaluate your case and understand the potential legal remedies available, such as suing for damages or seeking specific performance.

Legal Guidance in Breach of Contract Cases

In some cases, the terms of the contract may be complex, and there could be room for interpretation. An experienced attorney can analyze the agreement and help you determine whether a breach has indeed occurred. Moreover, they can assist in negotiating a settlement or represent you in court to ensure that the other party is held accountable for their actions.

Options for Resolving a Breach of Contract Dispute

While litigation is often the last resort, it is sometimes necessary to pursue legal action when amicable negotiations break down. A lawyer can help you file a lawsuit, collect evidence, and present your case. In some situations, alternative dispute resolution methods such as mediation or arbitration might be used to settle the matter without going to court.

When faced with a breach of contract, it's crucial to understand your legal rights and options. Whether you're the party at fault or the one affected, seeking legal help can protect your interests and ensure that the issue is resolved fairly. If you are dealing with a breach of contract in Houston, TX, consulting with a knowledgeable attorney can help you navigate the complexities and work toward a favorable outcome.

What Happens if the Sale Price of a Home is Less Than the Tax Owed in a Tax Foreclosure Sale?

Sun, 15 Dec 2024 16:42:14 GMT

What Happens if the Sale Price of a Home is Less Than the Tax Owed in a Tax Foreclosure Sale?

When a property is seized under Texas’s foreclosure laws, the goal is for the sale to cover the owner’s unpaid debt. In some foreclosure sales, however, the sale amount will be less than the debt owed. When this occurs in Texas, it’s known as a deficiency.

Non-judicial Foreclosures

For non-judicial foreclosures , if there’s a deficiency, Texas allows creditors to pursue the owner in court. This is done via a deficiency judgment to obtain the remainder of the unpaid debt. Creditors have two years from the date of the foreclosure sale to take action on the unpaid debt.

In Texas, the majority of foreclosures are non-judicial.

Judicial Foreclosures

For foreclosures that occur under a court judgment, creditors may also pursue a deficiency judgment. A creditor may bring an action in the district court of the county where the property is located. A difference from non-judicial foreclosures, however, is that a creditor must file within 90 days of either the foreclosure sale or receiving actual notice of the sale.

Fair Market Value

In a deficiency judgment, parties may introduce evidence about a property’s fair market value. Examples of evidence include:

Opinion testimony from experts
Comparable sales
Anticipated marketing time and holding costs
Sale cost
For determining the fair market value at the time of the foreclosure sale, the necessity and amount of applying any discount to the property’s future sales price or any cash flow generated by the property

If the foreclosure sale price is less than the fair market value, the debtor may be required to pay the difference.

To provide a simplified example, a property owner owes $150,000 in back taxes. Their property sells at foreclosure for $100,000, leaving $50,000 outstanding. The court determines the property’s fair market value is $125,000, meaning the creditors can pursue the debtor for an additional $25,000 beyond what was obtained through the foreclosure sale.

Hire a Skilled Property Lawyer Who Knows Texas

If you reside in Harris County and are unable to pay your property taxes or are involved in a deficiency judgment, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.

FAQ: Breach of Contract Law in Texas

Sun, 01 Dec 2024 16:37:17 GMT

FAQ: Breach of Contract Law in Texas

When parties enter into a contract, all parties are expected to fulfill the terms of the agreement. When one party violates these terms, they have breached the contract.

Failing to perform a contract’s terms can be minor or major. Some violations can be easily corrected. Others may be difficult or impossible to fix. In some cases, the injured party may wish to file a breach of contract lawsuit.

What is a Valid Contract?

For a contract to be valid, it must include:

An offer
Acceptance
A meeting of the minds
All parties consent to the terms of the contract
Execution and delivery of the contract, which includes the intent that it become mutual and binding

In general, a contract must be valid in order to file a lawsuit for a breach.

What Elements Are Required in a Breach of Contract Claim?

In Texas, a breach of contract claim must include all of the following:

A valid contract
The plaintiff performed or fulfilled their obligations under the contract
The defendant didn’t perform or fulfill their obligations under the contract, e.g., they breached the contract
The defendant’s failure to perform damaged the plaintiff

All four elements must be present. For example, a defendant may have breached a valid contract, but if that breach didn’t hurt the plaintiff, the plaintiff is unlikely to succeed in a lawsuit.

What is the Statute of Limitations for Breach of Contract Claims?

In Texas, individuals have four years to file a breach of contract lawsuit. When possible, plaintiffs should file suit soon after they realize there’s been a breach. Waiting years may make it more difficult to find evidence, and witness testimony may be more difficult to obtain.

What are the Available Remedies for a Breach of Contract?

If a plaintiff proves the defendant breached their contract, the plaintiff may recover reasonable attorney’s fees. They may also receive damages, and the amount of damages varies depending on the circumstances of the case and the plaintiff’s specific losses and injuries.

Hire a Skilled Contract Lawyer Who Knows Texas

If you’ve had someone breach a contract, a skilled Texas attorney can help. The attorneys at Manfred Law help Texans navigate issues with contracts and protect their rights and their property. Call us at 713-547-5460 or contact us online to schedule your consultation.

Property Tax Deferrals Under Texas Tax Code Section 33.06: Who’s Eligible?

Fri, 15 Nov 2024 16:31:26 GMT

Property Tax Deferrals Under Texas Tax Code Section 33.06: Who’s Eligible?

In Texas, certain homeowners are eligible for property tax deferrals. This means that as long as they own or reside in a home, they can postpone tax payments.

These deferrals don’t cancel tax payments. They instead allow homeowners to reside in their homes even when they’re unable to pay the property taxes.

What makes deferrals under Texas Tax Code Section 33.06 unique is that, for those who are eligible, it also stops:

· Lawsuits to collect delinquent taxes

· Foreclosures to settle a tax lien

Section 33.06 provides significant protection for those who qualify.

Section 33.06 Eligibility

Homeowners may qualify for tax deferrals when:

They:

Are 65 years of age or older
Meet the definition of disabled under Texas Tax Code Section 11.13(m)

Or:

Qualify for an exemption under Texas Tax Code Section 11.22

And:

The property tax in question is against a property they own and occupy as a residence homestead.

In other words, properties are eligible for this deferral only when they’re the property owner’s primary home. A commercial property, for example, doesn’t qualify for this deferral.

How to Obtain a Deferral

Homeowners may request a deferral by filing an affidavit with the chief appraiser in the property’s district. These affidavits must provide evidence of how a homeowner qualifies for a deferral under Section 33.06.

If there’s a pending lawsuit against the property, a homeowner must file the affidavit with the relevant court. The relevant court is the court in which the pending suit was filed.

If a property has a pending foreclosure sale due to a tax lien, the homeowner must file the affidavit with the chief appraiser, the collector of the relevant taxing unit, and the officer charged with selling the property. These documents must be filed at least five days before the sale.

When Taxes Are Due

When a property owner no longer owns or resides in a property, all outstanding taxes, penalties, and fees must be paid within 180 days. After that period, taxing units may file lawsuits for delinquent taxes, and the property may be subject to a foreclosure auction.

Hire a Skilled Property Lawyer Who Knows Texas

If you reside in Harris County and are unable to pay your property taxes, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.

Who Can File a Wrongful Death Lawsuit in Texas?

Thu, 07 Nov 2024 01:22:50 GMT

Who Can File a Wrongful Death Lawsuit in Texas?

Losing a loved one due to someone else’s negligence is devastating, and Texas law allows certain family members to pursue justice through a wrongful death lawsuit. However, only specific individuals are eligible to file a wrongful death claim in Texas. At Manfred Sternberg & Associates, we assist Houston families in understanding their rights and options in these difficult situations.

Eligible Parties for a Wrongful Death Claim

In Texas, the following family members may file a wrongful death lawsuit:

Spouse: Surviving spouses have the right to seek compensation for the loss of companionship and support.
Children: Biological and adopted children can file a wrongful death claim on behalf of their deceased parent.
Parents: Parents of the deceased may pursue a claim if they have lost a child due to wrongful actions or negligence.

If these family members do not file a claim within three months of the death, the estate’s executor or personal representative may initiate the lawsuit unless specifically prohibited by the family.

Compensation in a Wrongful Death Claim

A wrongful death claim seeks compensation for losses such as funeral expenses, lost financial support, emotional suffering, and loss of companionship. Each case is unique, and an attorney can help determine the specific damages that apply.

If you’re considering filing a wrongful death claim in Houston, contact Manfred Sternberg & Associates for compassionate guidance and support. We’re here to help you seek justice for your loved one and secure your family’s future.

Understanding the Harris County Tax Deferral Affidavit

Fri, 01 Nov 2024 16:25:49 GMT

Understanding the Harris County Tax Deferral Affidavit

Homeowners in Harris County who have delinquent property taxes may be eligible for the county’s tax deferral affidavit. For those who qualify, they can postpone tax payments as long as they own and live in the home.

Who Qualifies for a Tax Deferral?

Homeowners who own and live in a house in Harris County may qualify for a tax deferral when they are:

Age 65 or older
A surviving spouse who is 55 or older
An unmarried surviving spouse
Any surviving child who is under 18 years of age and unmarried
A disabled homeowner
A disabled veteran

Some surviving spouses, disabled veterans, and surviving children must qualify under Texas Tax Code Section 11.22. Individuals who are disabled but not veterans must meet the qualifying criteria under Tax Code Section 11.13(m).

In situations when a spouse qualified for a deferral and passed away, the surviving spouse, if over 55 years of age, must complete a new affidavit to continue the deferral.

What’s the Purpose of the Affidavit?

This affidavit allows homeowners to continue to live in their homes even if they are unable to pay taxes. Homeowners should be aware, however, that deferring tax payments does not stop other debts or liens on a property.

A property may still be subjected to collection actions or foreclosure for other unpaid debts or liens. This includes mortgage payments or other home loans.

Does a Tax Deferral Mean a Homeowner Doesn’t Have to Pay Taxes?

No. A tax deferral doesn’t cancel tax payments but postpones them. Any postponed payments will accrue 5 percent interest annually. Once an individual no longer owns or lives in that home, they or their estate will have 180 days to pay all outstanding taxes, penalties, and interest.

If taxes aren’t paid within that time period, Harris County or other revenue agencies may file a lawsuit to collect any unpaid taxes.

Hire a Skilled Property Lawyer Who Knows Texas

Mergers & Acquisitions: A Comprehensive Guide for Texas Businesses

Tue, 22 Oct 2024 02:10:10 GMT

Mergers and acquisitions (M&A) are key strategies for business growth, expansion, and market dominance. These transactions, however, involve complex legal, financial, and regulatory processes. At Manfred Sternberg & Associates in Texas, we specialize in guiding businesses through the intricate details of M&A deals, ensuring smooth transitions and protecting our clients’ interests.

What Are Mergers and Acquisitions?

Mergers and acquisitions involve the consolidation of companies or assets. While the terms are often used interchangeably, they have distinct meanings:

Merger: In a merger, two companies combine to form a new entity. The companies involved typically join forces to achieve greater market share, efficiency, or diversification. In a true merger, the two original companies cease to exist, and a new company is formed.
Acquisition: An acquisition occurs when one company purchases another, either by buying its assets or acquiring its shares. The acquired company may continue to operate as a subsidiary of the purchasing company, or it may be fully integrated into the parent company.

M&A transactions can take many forms, including horizontal mergers (between companies in the same industry), vertical mergers (between companies in the same supply chain), and conglomerate mergers (between companies in unrelated industries).

Key Stages of Mergers and Acquisitions

M&A transactions typically involve several key stages, each requiring careful planning, negotiation, and legal scrutiny. These stages include:

Strategy Development: Before pursuing a merger or acquisition, companies must first develop a strategic plan that outlines their goals, the type of company they wish to merge with or acquire, and the value they expect to gain from the transaction.
Target Identification: In an acquisition, the buyer must identify potential target companies that align with their strategic goals. Due diligence is critical during this phase to evaluate the target’s financial health, market position, and potential liabilities.
Valuation and Offer: Once a target company is identified, the acquiring company will conduct a valuation to determine the fair market value of the target’s assets or shares. Based on this valuation, the buyer will make an offer to purchase the company.
Negotiation: M&A transactions often involve complex negotiations over the terms of the deal. Key issues to be negotiated include the purchase price, the structure of the deal (stock purchase, asset purchase, or merger), and any conditions or contingencies.
Due Diligence: During this phase, both parties conduct thorough investigations into each other’s financials, operations, contracts, and legal obligations. Due diligence ensures that there are no hidden liabilities or risks that could affect the success of the transaction.
Drafting the Agreement: After negotiations and due diligence are complete, the terms of the transaction are formalized in a definitive agreement. This agreement will outline the structure of the deal, the rights and obligations of each party, and any conditions that must be met before closing.
Regulatory Approval: In some cases, M&A transactions must be approved by regulatory authorities, particularly if the deal could affect competition in the marketplace. Antitrust laws, such as those enforced by the Federal Trade Commission (FTC) or the Department of Justice (DOJ), may apply.
Closing the Deal: Once all terms are agreed upon and regulatory approvals are obtained, the deal is finalized, and ownership or control of the acquired company is transferred to the buyer.
Post-Merger Integration: After the deal closes, the companies must integrate their operations, personnel, and cultures to achieve the desired synergies and benefits. Successful integration is key to realizing the full value of the transaction.

Legal Considerations in M&A Transactions

M&A transactions involve a wide range of legal issues that must be carefully addressed to ensure a successful outcome. At Manfred Sternberg & Associates, we work closely with our clients to navigate the following legal considerations:

Deal Structure: The structure of the deal—whether it is a stock purchase, asset purchase, or merger—has significant tax, liability, and financial implications. We help clients choose the structure that best aligns with their goals while minimizing risks.
Contract Review: Both parties must review and negotiate existing contracts, including employment agreements, vendor contracts, and leases. These contracts may contain change-of-control provisions that could affect the deal.
Regulatory Compliance: M&A transactions are subject to various federal and state laws, including antitrust regulations, securities laws, and industry-specific regulations. We ensure that all regulatory requirements are met, helping clients avoid costly delays or penalties.
Employment and Labor Law: Mergers and acquisitions often result in changes to employment contracts, benefits, and labor relations. It’s important to address how employees will be affected and to ensure compliance with employment laws.
Intellectual Property: Intellectual property (IP) assets, such as patents, trademarks, and copyrights, are often critical components of an M&A transaction. We conduct thorough IP due diligence to ensure that these valuable assets are properly transferred and protected.
Tax Implications: M&A transactions can have significant tax consequences for both buyers and sellers. We work with tax advisors to structure the deal in a way that minimizes tax liabilities and ensures compliance with tax laws.

Why You Need an Experienced M&A Attorney

Mergers and acquisitions are complex transactions that involve significant financial, operational, and legal risks. Having an experienced M&A attorney by your side is crucial to protecting your interests and ensuring a smooth transaction. At Manfred Sternberg & Associates, we provide comprehensive legal support throughout the entire M&A process, including:

Strategic Planning: We help clients develop a clear strategy for their M&A transactions, whether they are looking to grow through acquisition or sell their business to maximize value.
Negotiation and Drafting: Our team negotiates and drafts all necessary agreements, including letters of intent, purchase agreements, and non-disclosure agreements, ensuring that our clients’ interests are protected.
Due Diligence: We conduct thorough due diligence to uncover potential risks and liabilities, helping clients make informed decisions and avoid costly mistakes.
Regulatory Guidance: We guide clients through the regulatory approval process, ensuring compliance with antitrust and other relevant laws.
Post-Transaction Support: After the deal closes, we assist with the integration process, helping clients navigate employment, contract, and operational challenges.

Mergers and acquisitions offer tremendous opportunities for business growth, but they also come with significant legal and financial complexities. At Manfred Sternberg & Associates, we are committed to providing the legal expertise and strategic guidance that Texas businesses need to navigate M&A transactions successfully. Whether you are looking to acquire a new company or merge with a partner, our team is here to help you achieve your goals.

Contact Manfred Sternberg & Associates today for a consultation and let us help you navigate your next merger or acquisition.

Common Ways to Invalidate a Mechanic’s Lien

Tue, 15 Oct 2024 16:19:57 GMT

Common Ways to Invalidate a Mechanic’s Lien

The Texas Constitution grants special protections and rights for mechanics. They have the right to claim an interest based on their labor in any building or articles made or repaired by them. They can also make a claim for the materials they provide.

Mechanics, in this context, are contractors, subcontractors, suppliers, and workers. In short, anyone who worked on a construction or repair project may be able to file a mechanic’s lien.

The purpose of these laws is to protect mechanics from unpaid bills. When a client fails to pay for services or materials provided, a mechanic’s livelihood is threatened.

In some cases, however, a mechanic’s lien may be incorrectly filed against a property owner. Such liens can make it difficult to sell a property.

Invalid Liens

To properly file a mechanic’s lien, individuals must follow certain rules. If they don’t, the individual may lose their lien rights. In these situations, a property owner can have the lien invalidated.

Some of the common problems with liens:

Not filed on time. Texas has specific requirements for filing a mechanic’s lien, and missing these deadlines may bar an individual from filing.
Vague numbers. A mechanic lien must be for the actual contested amount, not any amount or an estimate. Liens that are greater than what is owed may be invalidated.
Failing to file a preliminary notice. Texas requires that all individuals send a primary notice to the property owner before filing the lien.
Incorrect or missing paperwork. Problems with the paperwork may also result in fines or penalties. Filing has strict deadlines, and mistakes may invalidate the lien.

These are four of the more common problems with a mechanic’s lien, but any problems with the lien’s requirements and deadlines may call into question a lien’s validity.

An attorney can provide advice and counsel that’s specific to your situation with the lien.

Hire a Skilled Property Lawyer Who Knows Texas

If you have a mechanic’s lien against your property, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.

Why Homeowners Should Work with Manfred Law to Claim Excess Funds from a Foreclosure Sale

Tue, 01 Oct 2024 16:12:32 GMT

Why Homeowners Should Work with Manfred Law to Claim Excess Funds from a Foreclosure Sale

When a property is sold at auction, the property owner has the right to any excess funds . This means any money left from the sale after satisfying the property owner’s debt.

In Texas, property owners don’t automatically get the excess funds. They instead have a two-year window to claim the money, and there are no exceptions to missing that deadline.

Claiming Excess Proceeds

Following a foreclosure sale, a property owner has the right to claim any money when the total amount left is more than $25. If they don’t claim the funds within two years, the taxing entities that were involved in the foreclosure sale will split the proceeds.

Claiming these funds isn’t as simple as saying, ‘That’s mine.’ Property owners must:

File a claim in court
Provide documents such as the current deed and the deed when they owned the property
Pay fees

If there are multiple claims to the excess funds, a property owner may have to attend a hearing to determine ownership.

In situations when an individual co-owns the property, they will need to establish their ownership share. Owners can either decide how to divide the excess proceeds between them. If they can’t agree, a judge will determine the percentage of proceeds each owner receives.

Navigate the Legal Process

A lawyer can help an individual throughout the process of claiming excess funds. They can help with drafting and filing the required forms and documents at the correct court. They assist their clients in identifying relevant documents and evidence.

In situations when a property has multiple owners, a Manfred Law attorney can help their clients show their claim to the property. This can be especially important when property ownership isn’t an equal split among the owners.

Hire a Skilled Property Lawyer Who Knows Texas

If your property has been auctioned and you think you have a right to the excess proceeds, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.

Why You Need a Commercial Transactions Attorney in Texas

Tue, 01 Oct 2024 02:31:54 GMT

Commercial transactions are the foundation of every business. Whether you’re negotiating a major contract, purchasing real estate, or entering into a partnership, these deals can significantly impact your company’s success and growth. In Texas, the legal landscape for commercial transactions is complex, with state-specific regulations and industry-specific nuances that must be navigated carefully. Having an experienced commercial transactions attorney by your side can help you minimize risks, maximize opportunities, and ensure that your business interests are protected. In this blog post, we’ll explore what a commercial transactions attorney does, the types of transactions they handle, and how they can benefit your Texas business.

What is a Commercial Transactions Attorney?

A commercial transactions attorney is a legal professional who specializes in the drafting, negotiation, and execution of business agreements. Their role is to help businesses structure deals in a way that aligns with their goals while protecting their legal rights and minimizing liabilities. In Texas, commercial transactions attorneys are well-versed in state and federal regulations that govern business operations, as well as the specific needs of various industries such as real estate, energy, and technology.

Types of Commercial Transactions Handled by Attorneys in Texas

Commercial transactions encompass a broad range of business activities and agreements. Some of the most common types of commercial transactions that a Texas attorney can assist with include:

Business Formation and Structuring

Choosing the right business structure is critical to your success. Whether you’re forming a corporation, limited liability company (LLC), partnership, or sole proprietorship, a commercial transactions attorney can advise you on the best structure based on your business goals, tax considerations, and potential liabilities.

Contract Drafting and Negotiation

Contracts are the backbone of every business transaction. Attorneys assist in drafting, reviewing, and negotiating a wide range of contracts, including:
Purchase and Sale Agreements
Service Agreements
Non-Disclosure Agreements (NDAs)
Employment Contracts
Supplier and Vendor Agreements
Franchise Agreements
Lease Agreements
An experienced attorney ensures that these contracts are clear, enforceable, and favorable to your interests.

Mergers and Acquisitions (M&A)

Buying or selling a business is a complex process that involves multiple legal considerations, from due diligence to compliance with state and federal regulations. An M&A attorney helps guide you through the process, draft the necessary documents, and ensure a smooth transaction.

Real Estate Transactions

Commercial real estate transactions involve significant financial investments and legal intricacies. A commercial transactions attorney can assist with buying, selling, leasing, and financing commercial properties, ensuring that the transaction complies with Texas real estate laws.

Financing and Secured Transactions

Whether you’re seeking funding for expansion or structuring a loan agreement, attorneys can draft and negotiate financing agreements, promissory notes, and security agreements to protect your interests.

Partnership and Shareholder Agreements

Setting clear expectations and terms in partnership or shareholder agreements is crucial for maintaining healthy business relationships and preventing disputes down the road.

Licensing and Intellectual Property Transactions

Businesses often need to protect their intellectual property through licensing agreements or other contracts. Attorneys help ensure that IP rights are adequately safeguarded and that licensing terms are beneficial.

Joint Ventures and Strategic Alliances

If you’re collaborating with another business, it’s essential to structure joint ventures or strategic alliances correctly. A commercial transactions attorney can help outline the terms of the partnership, define each party’s roles, and establish mechanisms for resolving disputes.

The Role of a Commercial Transactions Attorney in Texas

The role of a commercial transactions attorney goes beyond drafting and negotiating contracts. They serve as trusted advisors, helping businesses navigate complex legal issues and avoid pitfalls that could hinder their operations. Some of the key roles they play include:

Risk Mitigation

One of the primary functions of a commercial transactions attorney is to identify potential risks associated with a transaction and implement strategies to mitigate them. This could include incorporating specific clauses into a contract, recommending insurance coverage, or advising against certain business practices.

Compliance

Businesses in Texas must comply with a variety of state and federal regulations. Whether you’re dealing with employment laws, industry-specific regulations, or consumer protection rules, an attorney ensures that your business practices and transactions are legally compliant.

Dispute Resolution

Even with the best planning, disputes can arise in business transactions. An experienced commercial transactions attorney can represent your interests in negotiations, mediation, arbitration, or litigation to resolve conflicts quickly and effectively.

Business Strategy and Growth

A commercial transactions attorney is not just a legal advisor—they are also a strategic partner. They provide guidance on structuring deals that align with your long-term business goals, whether that involves expansion, restructuring, or exploring new markets.

Protection of Confidential Information

In many business transactions, confidential information is shared between parties. An attorney ensures that non-disclosure agreements and other protective measures are in place to safeguard sensitive information.

Why You Need a Commercial Transactions Attorney in Texas

Given the complexities of commercial transactions and the potential for costly mistakes, having an experienced attorney on your side is invaluable. Here’s why:

Tailored Legal Guidance

A commercial transactions attorney provides tailored legal advice based on your business’s unique needs and goals. They can help you avoid generic contracts and boilerplate agreements that may not fully protect your interests.

Efficient Negotiation

Effective negotiation is key to securing favorable terms. An attorney can negotiate on your behalf to achieve the best possible outcomes, ensuring that you enter agreements from a position of strength.

Avoiding Costly Mistakes

Poorly drafted contracts or overlooked legal issues can lead to significant financial losses and legal liabilities. An experienced attorney can spot and address these issues before they become problems.

Saving Time and Resources

Handling complex transactions without legal expertise can be time-consuming and stressful. An attorney can streamline the process, allowing you to focus on running your business.

How Manfred Sternberg & Associates Can Help

At Manfred Sternberg & Associates, we understand that every business transaction carries the potential for both opportunity and risk. Our team of experienced commercial transactions attorneys in Texas is dedicated to helping clients navigate the legal complexities of business deals, from drafting and negotiating contracts to closing complex transactions. We work closely with you to understand your objectives and develop customized solutions that meet your needs.

If you need assistance with a commercial transaction in Texas or have questions about your legal options, contact us today to schedule a consultation. Let us help you protect your business and achieve your goals with confidence.

What is a Disclaimer of Interest form, and Should You Sign It?

Sun, 15 Sep 2024 16:08:13 GMT

What is a Disclaimer of Interest form, and Should You Sign It?

When someone inherits property, they can refuse to accept the bequest. The formal legal term for this process is a disclaimer of interest, and Texas law defines how individuals can renounce an inheritance .

Why Refuse an Inheritance?

Individuals may choose to renounce an inheritance or other bequest for any number of reasons. A property may have a high tax bill, steep maintenance costs, or multiple liens. They may also not want to take anything from the deceased.

Texas doesn’t require individuals to state why they are disclaiming their interest in a property. They do, however, have to disclaim their interest in writing.

Disclaimer of Interest Requirements

Texas law requires that individuals complete all of the following steps to decline an inheritance. This means that a disclaimer:

Must be in writing
Explicitly states that the individual is declining the property
Describes the property or interest
Be signed by the disclaimant, the person renouncing their interest in a property
Be delivered or filed through personal delivery, first-class mail, facsimile, or e-mail

Texas allows individuals to file for a partial disclaimer as well. In this situation, an individual keeps part of the interest but refuses the other part of it.

In all disclaimers, one of the key requirements is that individuals sign the forms. Without a signature, a disclaimer is not valid. On the other hand, individuals shouldn’t sign unless they’re confident in their decision to end their interest in a property.

When Texas Prohibits or Limits Disclaimers

In certain situations, individuals are barred from disclaiming a property. If an individual either takes possession of an interest or exercises control over the interest, they can no longer renounce their interest in the property.

If an individual voluntarily transfers or otherwise assigns their interest to another person or organization, they are also barred from filing a disclaimer of interest. Finally, if the property in question is sold at a judicial sale, individuals cannot disclaim their interest.

If you need to declaim interest in a property, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

Void vs. Voidable Property Titles

Sun, 01 Sep 2024 16:01:13 GMT

Void vs. Voidable Property Titles

When buying or selling property, one of the central questions - if not the central question - is whether the property title is free and clear. This means that no one else can claim the property down the line.

While the two terms sound similar, void and voidable property titles can lead to significantly different results. Both present challenges to buyers and sellers.

Void Property Title

A void property title means that neither the buyer nor the seller has a right to the property in question. The deed is essentially a piece of paper with no rights attached. At no point can a void property title become a legitimate deed.

Under Texas law, all forged deeds are considered void property titles.

Voidable Property Titles

In comparison to a void property title, a voidable property title has some silver linings. A voidable property title can be enforced and can be ratified at a later point. It can also be corrected or revised to make a property title unencumbered.

When a person who has the right to void the title moves to take control of the property, a voidable property title is no longer enforceable. Essentially, the legal system recognizes that someone with a free and clear title has a stronger claim to a property.

A fraudulent deed, which is a property title obtained by fraud, is voidable. This means the deed is considered legitimate unless or until it’s either set aside or ruled invalid by a court.

Property titles obtained through undue influence are also voidable. Individuals must present evidence of undue influence.

With a voidable deed, two questions to ask:

What did the buyer know about any problems with the deed?
What did the seller know about any problems with the deed?

When a voidable property title is involved, determining what different people knew or didn’t know can play a role in how the deed is handled.

If you’re unsure if a deed is void or voidable, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

Navigating Motor Vehicle Accidents

Tue, 27 Aug 2024 13:19:43 GMT

Being involved in a motor vehicle accident can be a traumatic experience, leaving you feeling overwhelmed and unsure of what steps to take next. That's where having an experienced attorney like Manfred Sternberg & Associates on your side can make all the difference. With their expertise in handling motor vehicle accident cases, they can guide you through the legal process and fight for the compensation you deserve.

Manfred Sternberg & Associates is a leading law firm in Texas, specializing in personal injury cases, including motor vehicle accidents. Their team of skilled attorneys understands the complexities of these cases and works tirelessly to protect the rights of their clients. Whether you were injured in a car, truck, motorcycle, or pedestrian accident, they have the knowledge and resources to help you navigate the legal system.

One of the key benefits of working with Manfred Sternberg & Associates is their personalized approach to each case. They understand that every accident is unique, and they take the time to listen to your story and understand your specific needs. This allows them to tailor their legal strategy to best represent your interests and maximize your chances of success.

In addition to their personalized approach, Manfred Sternberg & Associates also has a proven track record of success in handling motor vehicle accident cases. They have successfully recovered millions of dollars in compensation for their clients, helping them cover medical expenses, lost wages, pain and suffering, and more. Their dedication to achieving favorable outcomes for their clients sets them apart as one of the top law firms in Texas.

When you work with Manfred Sternberg & Associates, you can trust that you are in good hands. Their team will handle all aspects of your case, from investigating the accident scene and gathering evidence to negotiating with insurance companies and representing you in court if necessary. They will keep you informed every step of the way and provide compassionate support during this difficult time.

If you've been injured in a motor vehicle accident in Texas, don't hesitate to reach out to Attorney Manfred Sternberg & Associates for help. With their expertise, personalized approach, proven track record of success, and dedication to client satisfaction, they are well-equipped to handle your case effectively. Let them guide you through the legal process and fight for the compensation you deserve so that you can focus on healing and moving forward with your life.

What is a “Cloud” on a Title?

Thu, 15 Aug 2024 08:46:40 GMT

What is a “Cloud” on a Title?

For property owners, especially those looking to sell or take out a mortgage on a property, hearing that there is a cloud on their title is bad news.

Anything that could affect clear ownership of a property qualifies as a “cloud” on that property. This might be a document, claim, unreleased lien, or other encumbrance.

Having a cloud on a title can make it difficult to sell because it creates uncertainty as to what a buyer is purchasing. Another term for having a cloud on a title is that it’s a faulty title because it may muddy up the property’s ownership.

One of the difficulties with a cloud on a title is that even a claim without a publicly recorded deed can potentially affect a property’s title. Questions about ownership can occur for any number of reasons.

Some of the reasons that a cloud on a title may exist:

Improperly recorded deeds
Multiple contracts on the property
Errors regarding the property description or in public records
Forgery
Wills or other estate planning documents, even if not publicly recorded

The good news for property owners is that they have avenues to resolve these problems and can establish a clear and free title on their property.

How to Clear Clouds

Property owners can solidify their ownership by filing a suit, known as a quiet title action . This avenue releases any claims or interests others either have or may have on a property. Owners will need to establish that they’re the lawful owners of the property and disprove any contrary claims of ownership.

Ideally, property owners should verify they have a free and clear title to a property before they put a property on the market. The majority of property clouds are found during title searches.

Hire a Skilled Property Legal Team That Knows Texas

If you believe your property has any clouds on its title, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

Know Your Property Tax Exemptions in Harris County

Thu, 01 Aug 2024 08:41:16 GMT

Know Your Property Tax Exemptions in Harris County

Property owners in Harris County may be able to take advantage of certain tax exemptions. For those who qualify, these exemptions can reduce a property owner’s tax bill and potentially save them thousands of dollars.

These exemptions are not automatic. Anyone who qualifies for these exemptions must apply to the Harris Central Appraisal District (HCAD).

In Harris County, property owners can qualify for the following property tax exemptions :

Homestead Exemptions
Active Duty Military Deferred
Over 65 or Disabled Deferred
Quarter Payment Plan
Disaster Installment Payment Plan

Each exemption has separate qualifying criteria.

Homestead Exemptions

When a property is an owner’s primary residence, they may qualify for a homestead exemption. This exemption must be applied for annually.

Active Duty Military Deferred

This option allows active duty military personnel to defer their property taxes without accruing any penalties or interest. This exemption does have a few restrictions.

The military personnel must currently be serving during a war or assisting in a natural emergency outside of Texas. They must already own the property when they left Texas to serve, or they inherited the property.

Over 65 or Disabled Deferred

Individuals who are over age 65 or who are disabled may be able to stay in their homes even if they own taxes or are unable to pay their taxes. Those who qualify can stop a judgment or tax sale or defer property taxes as long as they own and live in the property.

One important caveat is that, even if granted, this exemption does not restrict fees or penalties. For tax deferrals, interest is added at a rate of 5 percent annually. These payments will become due within 180 days once a property is sold or no longer an individual’s residence.

Quarter Payment Plan

Individuals who qualify for the over 65 or disabled exemption or are the surviving spouse of a disabled veteran may qualify for a penalty- and interest-free payment plan. These payments are split into four and must be paid within a year.

Disaster Installment Payment Plan

Property owners can apply for this exemption when their property sustains damage as a direct result of a declared natural disaster. Owners who qualify can split their tax payments into four equal, interest-free installments. These installments must be paid in full by July 31.

Properties qualify for the disaster installment payment plan when the property is:

The owner’s residence
A residential property with fewer than five living units
Some properties owned or leased by businesses

Hire a Skilled Property Legal Team That Knows Harris County

If you have a property in Harris County and believe you qualify for an exemption, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

How a Commercial Real Estate Transactions Attorney Can Help You in Texas

Wed, 17 Jul 2024 16:27:17 GMT

Commercial real estate transactions are significant investments that come with a multitude of legal and financial complexities. Whether you are buying, selling, leasing, or developing commercial property in Texas, having an experienced attorney by your side is essential. At Manfred Sternberg & Associates, PC, we specialize in commercial real estate transactions, providing expert legal guidance to ensure your interests are protected and your transactions are successful. Here’s how a commercial real estate transactions attorney can help you in Texas.

1. Expertise in Texas Real Estate Law

Commercial real estate transactions in Texas are governed by a complex set of laws and regulations. An attorney with expertise in Texas real estate law can help you navigate these legal requirements, ensuring compliance and avoiding potential pitfalls. They can provide valuable insights into state-specific issues such as zoning laws, environmental regulations, and property tax considerations.

2. Drafting and Reviewing Contracts

Contracts are the backbone of any real estate transaction. An attorney can draft, review, and negotiate contracts to ensure that they are comprehensive, fair, and protect your interests. This includes purchase agreements, lease agreements, financing documents, and development contracts. A well-drafted contract can prevent disputes and provide a clear framework for the transaction.

3. Conducting Due Diligence

Due diligence is a critical step in any commercial real estate transaction. An attorney can conduct thorough due diligence, including title searches, property inspections, and reviewing existing leases and financial statements. This process helps identify any potential issues or liabilities associated with the property, allowing you to make informed decisions and negotiate better terms.

4. Negotiating Terms and Conditions

Negotiating the terms and conditions of a commercial real estate transaction can be complex and time-consuming. An experienced attorney can represent your interests during negotiations, seeking favorable terms and conditions that align with your goals. They can handle negotiations with sellers, buyers, landlords, tenants, and lenders to ensure a fair and beneficial outcome.

5. Handling Financing and Closing

Securing financing and closing the transaction are critical stages in the commercial real estate process. An attorney can assist with arranging financing, reviewing loan documents, and ensuring that all closing requirements are met. They can coordinate with lenders, title companies, and other parties to facilitate a smooth and timely closing.

6. Addressing Zoning and Land Use Issues

Zoning and land use regulations can significantly impact your commercial real estate transaction. An attorney can help you understand and navigate these regulations, ensuring that your intended use of the property is permissible. They can also assist with obtaining necessary permits and variances, as well as addressing any zoning disputes that may arise.

7. Managing Disputes and Litigation

Despite careful planning, disputes can sometimes arise during commercial real estate transactions. An attorney can represent you in resolving these disputes through negotiation, mediation, or litigation. Whether it’s a breach of contract, property defect, or landlord-tenant disagreement, having skilled legal representation can help protect your interests and achieve a favorable resolution.

8. Providing Ongoing Legal Support

Commercial real estate transactions often involve ongoing legal considerations, such as property management, lease enforcement, and compliance with regulatory changes. An attorney can provide ongoing legal support to address these issues, ensuring that your property is managed effectively and your legal obligations are met.

Benefits of Hiring a Commercial Real Estate Transactions Attorney

Hiring a commercial real estate transactions attorney offers several advantages:

Expert Legal Knowledge: An attorney with experience in commercial real estate understands the intricacies of the law and can provide expert advice tailored to your situation.
Thorough Documentation: An attorney can ensure that all contracts and documents are comprehensive, accurate, and legally binding.
Effective Negotiation: An attorney can negotiate on your behalf, seeking favorable terms and conditions that protect your interests.
Risk Mitigation: An attorney can identify and address potential issues before they become problems, reducing the risk of disputes and litigation.
Peace of Mind: Knowing that a professional is handling your transaction allows you to focus on your business, confident that your legal matters are being addressed.

At Manfred Sternberg & Associates, PC, we are dedicated to providing exceptional legal representation for commercial real estate transactions in Texas. Our team of experienced attorneys will work tirelessly to ensure that your transactions are successful and your interests are protected.

How an Attorney Can Help When Property Sustains Hurricane Damage

Mon, 15 Jul 2024 15:25:05 GMT

How an Attorney Can Help When Property Sustains Hurricane Damage

Hurricane Beryl made history as the strongest Atlantic hurricane in July . The hurricane is not just a troublesome omen for the 2024 hurricane season but part of a larger trend of more destructive and more frequent hurricanes and severe weather events.

Increasingly severe weather doesn’t occur in a vacuum and can have far-ranging effects far beyond the immediate storm. For Texans, one way these weather events directly impact them is through their homeowners’ insurance.

In response to hurricanes such as Beryl and other severe weather events, insurers have been raising premiums throughout the state. This means affordable homeowners’ insurance will be increasingly difficult to find, and homeowners may find their policies unaffordable or canceled.

By one estimate, insurance rates are up by approximately 15 percent in 2024 alone . That’s before insurers factor in weather events such as Beryl.

These changes don’t just affect homeowners’ bank accounts. The type of support insurers offer may change, and homeowners may feel that, rather than being on the same team, they’re now on opposite sides from their insurance companies.

Homeowners need advocates to help them navigate the claims process, especially when their insurance companies engage in “bad faith” practices. Here are some of the common reasons why homeowners hire attorneys after sustaining hurricane damage.

Claim Denial

A homeowner documents damage. They submit all required paperwork. The insurer claims they never received the paperwork or says it’s insufficient to establish damages.

This can happen even after their employees visit a homeowner’s property. In these cases, homeowners should hire an attorney to advocate for them and make sure the insurer is following the law.

Low Payouts

A homeowner submits a claim to repair their property. The insurance company offers a low payout that won’t begin to cover the damage. An attorney can help file an appeal and show why the insurer should increase the settlement offer.

Complex Cases

Some homeowners have straightforward claims, such as a hurricane blew over a tree and hit a garage. Other homeowners may have more complicated claims or a high-dollar claim amount. In these cases, an attorney can help homeowners assemble and organize evidence.

Get Help From an Experienced Houston Attorney

If your property has sustained hurricane damage, and your insurance company is dealing in bad faith, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

Are Surviving Spouses and Children Eligible to Receive Excess Proceeds From the Foreclosure Sale of a Decedent’s Property?

Mon, 01 Jul 2024 15:18:20 GMT

Are Surviving Spouses and Children Eligible to Receive Excess Proceeds From the Foreclosure Sale of a Decedent’s Property?

The purpose of a foreclosure sale is to gain the necessary funds to pay off any unpaid taxes or other debts. In some cases, after these taxes and debts are satisfied, money may still remain. This leftover cash is known as excess proceeds , and property owners can claim this money following a foreclosure sale.

Property owners have two years from the date of a foreclosure sale to file for a sale’s excess funds. The question is: What happens if a property owner dies before claiming these funds?

Transferred Right

Generally, the right to claim excess funds doesn’t end with a property owner’s death. The right to claim those funds transfers to their surviving spouse or children.

Surviving spouses and children must still file for excess funds within two years of the foreclosure sale. The two-year period doesn’t restart because of a property owner’s death—just as they inherited the right to claim those funds, they “inherited” the time that had already passed.

For example, a property owner dies three years after a foreclosure sale without claiming the funds. Their surviving spouse or children cannot apply for or receive those proceeds because the two-year time period has already elapsed.

In comparison, a property owner dies six months after a foreclosure sale. His surviving spouse or children have eighteen months to claim the excess funds.

Factors to Consider

Every case is different, and claiming excess funds after a property owner dies is no different. Here are just a few of the factors that may affect who has a right to claim the excess funds:

Whether the deceased individual had a will
Who has the right to inherit from the deceased’s estate
The deceased’s living family members

For example, a property owner dies without a will and is unmarried. They had two children from a previous marriage and had a long-time significant other. In this situation, the two children would likely split the excess funds, but the significant other would not.

If, however, the property owner was married to their long-time significant other at the time of death, the spouse would likely split the excess funds with the two children. That the property owner remarried doesn’t lessen the children’s right to a share of the funds.

If you’re facing inheritance issues related to real estate, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

Why You Should Hire an Attorney for Business Litigation in Texas

Mon, 01 Jul 2024 02:47:21 GMT

Running a business involves navigating numerous challenges, and disputes are often inevitable. Whether it’s a contract disagreement, partnership conflict, or issues with regulatory compliance, business disputes can severely impact your operations and financial health. When such conflicts arise, having experienced legal representation is crucial. At Manfred Sternberg & Associates, PC, we specialize in business litigation in Texas, ensuring that your interests are protected and disputes are resolved efficiently. Here’s why hiring an attorney for business litigation is essential.

1. Expertise in Business Law

Business litigation encompasses a wide range of legal issues, including contract disputes, intellectual property conflicts, employment disagreements, and more. An attorney specializing in business litigation has extensive knowledge of business law and can provide expert advice tailored to your specific situation. They can help you understand your legal rights and obligations, ensuring that you make informed decisions.

2. Strategic Dispute Resolution

Not all business disputes need to end up in court. An experienced attorney can help you explore alternative dispute resolution methods such as negotiation, mediation, or arbitration. These methods can be quicker, less costly, and less adversarial than traditional litigation. An attorney can guide you through these processes, aiming to resolve the dispute in the most efficient and effective manner.

3. Protecting Your Interests

In any business dispute, protecting your interests is paramount. An attorney can represent you in negotiations and court proceedings, advocating on your behalf to achieve the best possible outcome. They can help you draft strong legal arguments, present evidence, and challenge the opposing party’s claims, ensuring that your interests are protected throughout the litigation process.

4. Managing Complex Legal Procedures

Business litigation involves complex legal procedures and strict deadlines. An attorney can manage all aspects of the litigation process, from filing legal documents and motions to representing you in court. This comprehensive case management ensures that all procedural requirements are met and reduces the risk of errors that could negatively impact your case.

5. Handling Contract Disputes

Contracts are the foundation of many business relationships. When disputes arise over contract terms, performance, or breaches, an attorney can help you navigate these complexities. They can review and interpret contract language, identify breaches, and pursue remedies such as damages or specific performance. Effective legal representation can help you enforce your contract rights and achieve a favorable resolution.

6. Addressing Employment Issues

Employment-related disputes, such as wrongful termination, discrimination claims, or wage disputes, can be particularly challenging. An attorney with expertise in employment law can help you address these issues, ensuring compliance with relevant laws and regulations. They can represent you in negotiations, administrative hearings, and court proceedings, protecting your interests and reputation.

7. Intellectual Property Protection

Protecting your intellectual property (IP) is crucial for maintaining a competitive edge. If you face disputes over trademarks, copyrights, patents, or trade secrets, an attorney can help you enforce your IP rights and defend against infringement claims. They can provide strategic advice on IP management and represent you in IP litigation, safeguarding your valuable assets.

Benefits of Hiring a Business Litigation Attorney

Hiring a business litigation attorney offers several advantages:

Expert Legal Knowledge: An attorney with experience in business litigation understands the intricacies of the law and can provide expert guidance tailored to your situation.
Strategic Dispute Resolution: An attorney can help you explore alternative dispute resolution methods, aiming to resolve disputes efficiently and effectively.
Effective Representation: An attorney can advocate on your behalf, protecting your interests and ensuring a favorable outcome.
Comprehensive Case Management: An attorney can handle all aspects of the litigation process, ensuring that procedural requirements are met and reducing the risk of errors.
Peace of Mind: Knowing that a professional is handling your legal matters allows you to focus on running your business, confident that your interests are protected.

At Manfred Sternberg & Associates, PC, we are dedicated to providing exceptional legal representation for business litigation in Texas. Our team of experienced attorneys will work tirelessly to resolve your disputes and protect your business interests.

Texas’s Homeowner Insurance Crisis and Bad Faith Actions

Sat, 15 Jun 2024 15:12:07 GMT

Texas’s Homeowner Insurance Crisis and Bad Faith Actions

Extreme weather carries a host of negative side effects. For Texas homeowners, the cost of extreme weather is hitting them in their wallets in the form of higher premiums and less comprehensive policies.

Between 2018 and 2022, Texas led the United States in damage from weather and climate events. The state tallied an eye-watering $375 billion in damages.

These years are part of a larger trend. In the three decades before 2010, Texas had 50 weather and climate disasters. Since 2010, Texas has contended with 94 weather events totaling over $1 billion in damages.

Everything may be bigger in Texas, but in this case, it isn’t a good thing.

Changes to Insurance

The cost of these weather and climate events can be seen in homeowner policies. In 2023, rates rose an average of 15 percent. Some homeowners switched to less comprehensive plans.

Unlike California and Florida, where several companies have discontinued homeowners’ policies, Texas insurers are still covering homes in the Lone Star State. This coverage, however, is different than before, with insurers pushing to raise premiums while offering less coverage.

Even when a homeowner keeps an existing plan, they may find that their policy has numerous exclusions or high deductibles. Insurers may deny a claim only for a homeowner to have an issue several months later, when it’s too late to file.

Bad Faith

Sometimes, when policyholders make a claim, insurers may continually delay, find excuses not to pay, or pay less than what they should. In these situations, the insurers are said to be acting in bad faith.

Chapter 541 of the Texas Insurance Code defines bad faith actions by insurers. Some of the situations where an insurer may be acting in bad faith :

They misrepresent the terms or benefits of a policy
They don’t act in good faith to resolve a settlement in a timely, fair, and equitable manner
They deny a claim without a reasonable investigation
They don’t explain why they denied a claim
They don’t act within a reasonable period

Policyholders may also make a bad faith claim under the common law. In these situations, policyholders must show that a company denied or delayed a claim despite evidence of reasonable, clear liability.

Hire a Skilled Property Legal Team That Knows Texas

While insurance has never been simple, it used to be easier for homeowners to decide on a policy, pay their premiums, and make a claim if and when needed. Unfortunately, weather and climate events have made insurance less stable, resulting in higher costs and lower coverage.

If you believe an insurer has denied a legitimate claim or otherwise acted in bad faith, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

Is the Homestead Exemption Retroactive in Texas?

Sat, 01 Jun 2024 08:04:10 GMT

Is the Homestead Exemption Retroactive in Texas?

Some Texas homeowners may be eligible for tax breaks on their property taxes; these tax breaks apply to properties that are the owners’ primary residences. Homeowners who are over age 65 or disabled may qualify for additional exemptions, such as the Homestead Exemption.

What is a Homestead Exemption?

Texas recognizes the following types of homestead exemptions:

All eligible homeowners may qualify for a $40,000 residence homestead exemption.
Depending on their county of residence, a homeowner may qualify for up to a $3,000 exemption for farm-to-market roads or flood control county taxes.
Any city, county, school, or special district may allow exemptions of up to 20 percent of a home’s property. These exemptions must be at least $5,000. This can be added to any other qualifying exemptions.
For those who are over age 65 or disabled, they may qualify for an additional $3,000 exemption. Some counties may have additional exemptions for those over age 65 or disabled. Those who are both over age 65 and disabled may only qualify for a single exemption.

Individuals who move away for less than two years, are in the military, or are in an assisted living or healthcare facility may still qualify for these exemptions.

Homestead Exemption Deadlines

Homeowners don’t automatically qualify for the homestead exemption. They must apply for each tax year they want to claim the exemption.

Homeowners must submit a completed application and any required documentation by April 30 of the tax year for which they’re applying. The delinquency date is usually Feb. 1 of the following year.

Can Homeowners Retroactively Apply for the Homestead Exemption?

If a homeowner can satisfy the requirements of the homestead exemption for previous tax years, they may file a late homestead exemption. The deadline to file a late homestead exemption is up to two years after the delinquency date. The delinquency date is generally Feb. 1, but homeowners should check before filing to make sure all paperwork is submitted on time.

If a late homestead exemption application is approved, a property owner will receive a refund on previously paid taxes.

Hire a Skilled Property Legal Team That Knows Texas

If you have missed filing deadlines for the homestead exemption or have other issues related to the exemption, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

Hiring a Business Formation Attorney

Mon, 20 May 2024 17:11:13 GMT

Starting a business is an exciting journey, but it involves numerous legal considerations and potential pitfalls. Whether you're launching a startup, forming a corporation, or setting up a small business, hiring an attorney for business formation can be crucial to ensure your new venture's success and legal compliance.

Understanding Business Formation

Business formation is the process of legally establishing a new business entity. This includes choosing the right business structure, registering the business, and complying with all necessary legal and regulatory requirements. Each type of business structure—such as sole proprietorship, partnership, limited liability company (LLC), or corporation—has its own set of legal implications and benefits.

When to Consider Hiring an Attorney for Business Formation

Choosing the Right Business Structure

Legal Implications: Selecting the appropriate business structure affects your liability, taxes, and management responsibilities. An attorney can provide expert advice on the best structure for your specific needs and goals.
Complex Entities: For more complex entities like corporations or LLCs, an attorney can help draft and file the necessary formation documents and ensure all legal requirements are met.

Drafting and Reviewing Contracts

Operating Agreements: If you're forming an LLC, an attorney can draft an operating agreement that outlines the management and operational procedures, helping prevent future disputes among members.
Partnership Agreements: For partnerships, having a detailed agreement drafted by an attorney ensures all partners' rights and responsibilities are clearly defined and legally binding.

Compliance with Legal Requirements

Licenses and Permits: Different businesses require various licenses and permits to operate legally. An attorney can identify the necessary licenses and assist in obtaining them.
Regulatory Compliance: Ensuring compliance with local, state, and federal regulations is crucial. An attorney can guide you through these complex requirements to avoid legal issues.

Intellectual Property Protection

Trademarks and Patents: Protecting your brand and products is essential. An attorney can help you register trademarks and patents, safeguarding your intellectual property rights.
Copyrights: For businesses involved in creative industries, an attorney can assist in securing copyrights for original works.

Preventing Future Legal Issues

Risk Management: An attorney can identify potential legal risks and provide strategies to mitigate them, ensuring your business is legally protected from the start.
Dispute Resolution: Establishing clear legal frameworks and agreements can prevent disputes with partners, employees, and third parties, saving time and money in the long run.

The Benefits of Hiring an Attorney

Expert Guidance: Attorneys offer specialized knowledge in business law, providing valuable insights and advice tailored to your specific business needs.
Legal Protection: Professional legal assistance ensures that your business complies with all relevant laws and regulations, protecting you from potential legal issues.
Efficiency: Hiring an attorney streamlines the business formation process, allowing you to focus on other essential aspects of launching and growing your business.

Hiring an attorney for business formation is a wise investment that can save you from legal troubles and ensure your business is set up for success. Whether you're deciding on the right business structure, drafting key contracts, or ensuring regulatory compliance, professional legal assistance is invaluable. If you're starting a new business, contact Manfred Sternberg & Associates, PC for a consultation. Our experienced attorneys are here to provide the legal support and expertise you need to build a strong foundation for your business.

Understanding Compensation in Texas Personal Injury Cases

Fri, 19 Apr 2024 18:52:21 GMT

Understanding Compensation in Texas Personal Injury Cases

Personal injury cases can be complex and overwhelming, especially when it comes to understanding how compensation is calculated. If you are a Houston resident who has been injured due to someone else's negligence, it is crucial to know your rights and the options available to you. In this blog post, we will explore how compensation is calculated in Texas personal injury cases, who pays the compensation to the victims, and how Manfred Sternberg & Associates can assist the Houston public with personal injury matters.

Calculating Compensation

In Texas personal injury cases, compensation is typically calculated based on several factors such as medical expenses, lost wages, pain and suffering, and property damage. The goal of compensation is to help the victim recover from their injuries and get their life back on track. To determine the amount of compensation owed to the victim, various aspects of the case are taken into consideration including the severity of the injuries, long-term effects of the injuries, and any emotional distress caused by the accident.

Who Pays Compensation

In most cases, the at-fault party's insurance company is responsible for paying compensation to the victims. This could be an individual or a business entity that caused the accident due to negligence or wrongful actions. However, if the at-fault party does not have insurance or if their insurance coverage is insufficient to cover all damages, other avenues may need to be explored such as filing a lawsuit against them personally.

Manfred Sternberg & Associates Can Help

If you are a Houston resident who has been injured in an accident and are seeking compensation, it is essential to have experienced legal representation on your side. At Manfred Sternberg & Associates, our team of skilled attorneys with experience in personal injury law and can provide you with expert guidance throughout your case. We understand the complexities involved in calculating compensation and will work tirelessly to ensure that you receive fair and just compensation for your injuries.

Types of Personal Injury Cases

Our firm handles a wide range of personal injury cases including car accidents, truck accidents, slip and fall accidents, wrongful death claims, workplace injuries, and more. No matter what type of accident you were involved in or how severe your injuries are, we are here to help you navigate the legal process and fight for your rights every step of the way.

In conclusion, understanding how compensation is calculated in Texas personal injury cases can be crucial for victims seeking justice and financial recovery after an accident. Whether you were injured in a car crash or suffered harm due to medical malpractice, knowing your rights and having a knowledgeable attorney by your side can make all the difference in achieving a successful outcome. If you are a Houston resident in need of assistance with a personal injury matter, do not hesitate to contact Manfred Sternberg & Associates today for a free consultation.

Hiring a Motor Vehicle Accidents Attorney in Texas

Mon, 01 Apr 2024 18:43:56 GMT

Being involved in a motor vehicle accident can be a traumatic and overwhelming experience. In addition to dealing with the physical and emotional aftermath of the accident, you may also have to navigate complex legal procedures and insurance claims. This is where hiring a motor vehicle accidents attorney can make all the difference. In this blog post, we will discuss the importance of hiring an attorney if you are involved in a motor vehicle accident in Texas.

Expertise and Experience: Motor vehicle accidents attorneys specialize in handling cases related to car accidents. They have the knowledge, expertise, and experience to navigate the legal system and ensure that your rights are protected. An attorney can help you understand your legal options, gather evidence to support your case, negotiate with insurance companies, and represent you in court if necessary.
Maximize Compensation: One of the main reasons to hire a motor vehicle accidents attorney is to maximize the compensation you receive for your injuries and damages. An experienced attorney will know how to calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and property damage. They will fight on your behalf to ensure that you receive fair compensation for your losses.
Legal Representation: Dealing with insurance companies after a motor vehicle accident can be challenging. Insurance companies often try to minimize their payouts or deny claims altogether. By hiring an attorney, you will have someone on your side who understands how insurance companies operate and can advocate for your best interests. Your attorney will handle all communication with the insurance company and work towards securing a fair settlement for you.
Peace of Mind: After being involved in a motor vehicle accident, you may be facing physical injuries, emotional trauma, financial stress, and uncertainty about the future. By hiring an attorney to handle your case, you can focus on recovering from your injuries and getting back on track while knowing that someone is fighting for your rights on your behalf.
Legal Support Throughout the Process: From investigating the accident scene to negotiating with insurance adjusters to representing you in court if necessary, a motor vehicle accidents attorney will provide comprehensive legal support throughout every step of the process. They will guide you through each stage of your case, answer any questions you may have, and keep you informed about developments as they occur.

If you have been involved in a motor vehicle accident in Texas, it is crucial to seek legal representation from a skilled motor vehicle accidents attorney. An attorney can provide invaluable support throughout every stage of your case—from gathering evidence to negotiating with insurance companies—ensuring that your rights are protected and that you receive fair compensation for your losses. Don't hesitate to reach out to an experienced attorney today if you need assistance with your motor vehicle accident case.

In Texas, What Happens If You Miss the Two-Year Deadline to Claim Excess Proceeds from a Foreclosure Sale?

Mon, 01 Apr 2024 14:59:18 GMT

In Texas, What Happens If You Miss the Two-Year Deadline to Claim Excess Proceeds from a Foreclosure Sale?

When property sells at a foreclosure sale in Texas, it may sometimes net more money than what’s needed to satisfy the owner’s debts. If that excess amount is more than $25, the former property owner can claim that amount. They have two years to claim the excess proceeds.

Many property owners are, however, unaware that they have a right to these excess proceeds. They may miss the two-year deadline to claim those proceeds. The question then becomes what, if anything, a former property owner can do to claim the excess proceeds.

You Missed the Filing Deadline. Now What?

Texas does not provide for any exceptions to the two-year window to file a claim for excess funds. At the end of the two years, the excess proceeds are distributed between all of the taxing entities that were involved in the sale.

That Texas doesn’t provide for exceptions doesn’t mean you have no options. Attempting to claim the funds after the two-year period ends will be difficult, but you may have some limited options.

Texas requires that a county clerk send the following to the former owner of a sold property:

A written notice sent by certified mail with a return receipt requested
The amount of excess proceeds
Information about the owner’s right to claim the excess proceeds
A copy of the relevant sections of the Texas Code

This notice must be sent to either the former owner’s last known address, based on the court’s records or other sources reasonably available to the court.

You may be able to prove that the county didn’t inform you. You may be able to show that you had no reasonable way to know you were entitled to the excess funds or were aware that they existed.

If you missed the two-year deadline, a lawyer can help you determine if you still have any ways to claim the funds.

Hire a Skilled Property Lawyer Who Knows Texas

If your property has been auctioned and you think you have a right to the excess process, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners claim what’s theirs. Call us at 713-547-5460 or contact us online to schedule your consultation.

Three Advantages of Filing a Quiet Title Action if You’re Buying or Selling a Property in Texas

Fri, 15 Mar 2024 14:55:25 GMT

Three Advantages of Filing a Quiet Title Action if You’re Buying or Selling a Property in Texas

A property owner’s worst nightmare: Upon going to sell a property, they discover their ownership claim isn’t as rock solid as they thought. Potential buyers, seeing the possibility of potential future lawsuits about ownership, are skittish about closing the deal. After all, who wants to put hundreds of thousands, if not millions of dollars, into a property that may not be theirs?

One way to avoid this scenario is to file for a Quiet Title. This type of title establishes clear, undisputed ownership over a property. A Quiet Title guarantees that you’re the undisputed owner of a property.

Texas is unique in that property owners have two options for resolving ownership disputes: quiet title and trespass to try title. If you’re concerned about disputes, a skilled property attorney can help you determine which is best for your situation.

In Texas, a Quiet Title is the best option if there are potential issues that “cloud” ownership. To get a Quiet Title, you need to show that:

You have an interest in the property in question
Your title is affected by someone else’s claim

AND

The claim isn’t valid or enforceable

There are many benefits to filing for Quiet Title, but three common reasons are:

Resolving boundary disputes
Establishing a clear chain of ownership
Preventing future disputes

Resolve Boundary Disputes

Boundary disputes happen. Land may shift, and surveys may conflict: There’s no shortage of reasons as to how and when a boundary dispute may occur. A Quiet tile resolves these issues.

Establish a Clear Chain of Ownership

Deeds and other documents can have mistakes. Some of these mistakes are harmless, but others can potentially create questions about ownership. A Quiet title clears up any problems with the chain of ownership.

Prevent Future Disputes

As the old saying goes, an ounce of prevention is worth a pound of cure. A Quiet title prevents future problems with ownership claims and the accompanying legal action. It means that when you go to sell your property, you won’t suddenly find yourself in a legal mess or lose potential buyers.

Hire a Skilled Property Lawyer Who Knows Texas

As a property owner, you deserve to know you have clear property rights. If you’re concerned about potential claims against your ownership, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners untangle complex legal challenges. Call us at 713-547-5460 or contact us online to schedule your consultation.

What Happens if Your Home Does Not Sell in a Tax Foreclosure Auction? Do You Still Owe Back Taxes?

Fri, 01 Mar 2024 14:47:30 GMT

What Happens if Your Home Does Not Sell in a Tax Foreclosure Auction? Do You Still Owe Back Taxes?

When you don’t pay property taxes, for example, your real property may end up on the auction block. State, county, or local governments - in short, anyone who can assess taxes - may take and sell your property to satisfy your outstanding debt.

Having your property seized is bad enough, but there’s a possibility that your property doesn’t sell at auction. This creates a new set of issues: namely, can you get the property back, and do you still owe taxes?

No Sale is Still a Sale

Section 34 of the Texas Tax Code governs tax foreclosure auctions. The purpose of an auction is for an agency to recoup any unpaid taxes. In some situations, a property may not sell, or the highest bid is lower than the unpaid taxes. The agency may then choose to terminate the sale.

Alternatively, the agency may not terminate the sale, and the property will be “struck off” by the agency. This means that the agency owns your property, deed and all. This includes the use and possession of the property.

Even if the agency takes the property, it may still file a lien against taxpayers. This can be for any outstanding amount, such as any post-judgment taxes, penalties, and interest.

If My Property Doesn’t Sell, Is There Any Way for Me to Get It Back?

Yes. A property owner’s right of redemption overrides the agency’s title and interest in the property.

Redemption is the legal term for a property owner satisfying their tax debt and reclaiming their title to a property. The specifics of redemption depend on the type of property.

For example, an agency seizes a taxpayer’s primary residence, and that property doesn’t sell at auction. The taxpayer has two years from the date the agency filed the deed to exercise their right of redemption.

Hire a Skilled Property Lawyer Who Knows Texas

If you’re facing the possibility of a property auction or have fallen behind on property tax payments, a skilled Texas property law attorney can help. The attorneys at Manfred Law help Texas property owners resolve property issues. Call us at 713-547-5460 or contact us online to schedule your consultation.

Residential Real Estate Transactions in Texas

Thu, 29 Feb 2024 01:14:54 GMT

Buying or selling a home can be an exciting but daunting experience, especially in the fast-paced real estate market of Texas. From understanding the legal aspects to negotiating contracts, there are many factors to consider when embarking on a residential real estate transaction. In this blog post, we will explore the ins and outs of navigating residential real estate transactions in Texas, providing valuable insights and tips for Texas residents looking to buy or sell property.

Understand the Market: Before diving into a residential real estate transaction in Texas, it's essential to understand the current market trends. Researching local housing market statistics, such as median home prices and inventory levels, can help you make informed decisions when buying or selling a property. Keep an eye on neighborhood developments, upcoming infrastructure projects, and economic indicators that may impact property values in your desired location.
Get Pre-Approved for a Mortgage: If you're planning to buy a home in Texas, getting pre-approved for a mortgage is crucial. This process involves providing financial documents to a lender who will assess your creditworthiness and determine how much you can borrow. Having a pre-approval letter not only demonstrates your seriousness as a buyer but also gives you a competitive edge in multiple offer situations.
Hire a Real Estate Agent: Whether you're buying or selling a home in Texas, working with a reputable real estate agent can streamline the process and protect your interests. An experienced agent can help you navigate complex legal documents, negotiate offers, and provide valuable insights into the local real estate market. Look for an agent who specializes in residential transactions in your target area and has a track record of successful deals.
Conduct Due Diligence: When entering into a residential real estate transaction in Texas, due diligence is key to avoiding potential pitfalls down the road. This includes reviewing property disclosures, conducting inspections, and researching zoning regulations that may impact your intended use of the property. Understanding all aspects of the transaction before closing can save you time, money, and headaches in the long run.
Close with Confidence: Closing on a residential real estate transaction in Texas involves signing numerous legal documents and transferring funds between parties. To ensure a smooth closing process, work closely with your real estate agent and attorney to review all paperwork thoroughly before signing. Be prepared for unexpected delays or last-minute issues that may arise during closing day but rest assured that with proper preparation and guidance from professionals; you'll soon be holding the keys to your new home.

Navigating residential real estate transactions in Texas requires careful planning, research, and expert guidance from professionals who understand the intricacies of the local market. By following these tips and staying informed throughout the process; you can confidently buy or sell property while minimizing risks and maximizing returns on your investment. Whether you're searching for your dream home or looking to capitalize on lucrative opportunities; remember that knowledge is power when it comes to making informed decisions about residential real estate transactions in Texas.

Understanding Recourse and Non-Recourse Home Financing in Texas

Thu, 15 Feb 2024 14:39:39 GMT

Understanding Recourse and Non-Recourse Home Financing in Texas

Texas homebuyers need to make sure they understand the financing they are using to buy or refinance their home. One of the most crucial things to understand is if the loan is a “recourse loan” or a “non-recourse loan.” Let’s briefly explain the difference between these types of loans and how they impact Texas homeowners.

Recourse Loans

When you have a recourse loan, that means that you have put up collateral to secure a loan. If, for some reason, you fail to pay the loan back, then the bank or other financial institution can seize the collateral that you provided.

Then, if the collateral is worth less than the debt and its value doesn’t make the bank whole, the bank can also come after you for the remaining loan amount. The bank may file a lawsuit against you, and it can seize other assets, place a lien on bank accounts, or even garnish your salary until the debt is repaid in full.

Non-Recourse Loans

A non-recourse loan may initially appear to be the same as a recourse loan. In both, the borrower provides the lender with collateral for the loan.

And just as in the case of the recourse loan, if you fail to pay the debt, the bank can seize your collateral.

However, that’s all the borrower can do in a non-recourse loan. They can’t sue you or go after any of your other assets. The borrower is only entitled to the collateral and no additional payment, even if the collateral is worth less than the remaining loan.

How This Works in Texas

Texas is a “non-recourse” state when it comes to home mortgages. Therefore, unless there’s fraud, lenders can seize a borrower’s collateral, but nothing else, to repay a loan.

On the other hand, if a borrower has refinanced a home loan, the refinanced home loan may be a recourse loan subject to further collection efforts.

In Texas, some unscrupulous lenders promote non-recourse loans as being difficult to get and more costly—when, in most cases, they’re required by law.

If you are uncertain about a proposed mortgage or dealing with a lender threatening to take legal action against you for failing to repay your loan, get an attorney to review your case and explain your options.

Contact Manfred Law through our website or call our Houston office at (713) 547-5460 . We’re ready to help.

Calculating Penalties and Interest for Unpaid Property Taxes

Thu, 01 Feb 2024 20:38:23 GMT

Calculating Penalties and Interest for Unpaid Property Taxes

In most Texas jurisdictions, property taxes are due on January 31. In other words, they may be delinquent if they haven’t been paid in full by February 1. But what does that mean in terms of how much more you may owe? Here’s a rough guide for calculating the interest and penalties on your unpaid state property taxes.

A 21-Day Reprieve

While your taxes are technically due on the 31 ^st , Texas also requires that taxing units give property taxpayers at least 21 days to pay their bills. Therefore, when determining your amount of interest and penalties, start by checking the postmark of the bill and the delinquency date on the bill itself.

As the Texas State Comptroller explained , if a tax bill was mailed after January 10, then the date of delinquency is postponed until the first day of the next month to give you at least 21 days to pay the bill. Therefore, if your bill is not mailed until January 15, it’s not delinquent until March 1.

Determining the Penalties

On the first day of delinquency, you immediately owe an additional 6% as a penalty. Then, you will owe an additional one percent in penalties for every month you’re late until July 1. On July 1, the penalty increases to 12%.

Taxing units can also hire private attorneys to serve as collection agents for these unpaid taxes. When they do so, the attorneys may charge another penalty of as much as 20% to cover their fees.

Calculating the Interest

Interest begins to accumulate from the first day of delinquency. Each month, you’ll pay an additional 1%, and there’s no maximum for interest.

Understanding the Impact

For example, paying property taxes the day after they’re delinquent will result in your paying an additional 7%.

By July, once the attorneys’ fees kick in, you may have to pay 41.6% in penalties and interest, and by December, you’ll be paying almost 48% more.

But the state is willing to work out a payment plan or other strategy to help you get current. And that’s why, if you need assistance dealing with state property taxes, don’t wait until the penalties are sky-high.

Instead, contact Manfred Law through our website or call our Houston office at (713) 547-5460 .

Tax Foreclosure vs. Mortgage Foreclosure: Part II

Mon, 29 Jan 2024 22:35:32 GMT

Tax Foreclosure vs. Mortgage Foreclosure: Part II

If you’re going through a foreclosure, you may not care that the process differs for tax and mortgage foreclosure sales. After all, your home is on the block. But after the sale, once your unpaid obligations are fulfilled, you may be entitled to recover any money that’s left over. However, in Texas, recovering excess proceeds can vary depending on the type of foreclosure. That’s why you must understand the difference between foreclosures and which process applies to you. Our last post focused on what happens after a tax foreclosure. In this post, we’ll focus on mortgage foreclosures.

After a Mortgage Foreclosure

The sale of your home after a mortgage foreclosure will typically take about 60 days. After the sale, the proceeds will first go to pay off your unpaid mortgage balance. However, the proceeds will also pay off:

The costs of foreclosing on and selling your home,

A second mortgage on your home, if you have one, and

Any other unpaid liens on your home, such as a mechanic’s lien.

Recovering Excess Proceeds After a Mortgage Foreclosure

After paying off your mortgage and any liens or other obligations on your home, you’ll be entitled to recover anything left over from the sale, also known as the “excess proceeds.” But Texas law doesn’t have a specific statute governing how a trustee should distribute excess proceeds from mortgage foreclosures. That’s because mortgage foreclosures in Texas primarily happen through non-judicial foreclosure, which allows a trustee to handle a foreclosure and sale on behalf of a lender after a default. After the sale, the trustee must notify you if there are excess proceeds. You will then have two years from the date of the sale to petition the trustee to recover the excess proceeds.

Differences Between Mortgage and Tax Foreclosures

While the basic processes after a foreclosure are similar for both mortgage and tax foreclosures, there are some key differences.

Trustee versus the court: You will petition the trustee who handled the mortgage foreclosure sale to recover your excess proceeds. In a tax foreclosure, you would petition the court.

No right of redemption: There is no right of redemption after a mortgage foreclosure in Texas. A right of redemption is only available for some tax sales and those involving liens from homeowners’ associations.

No limit on attorney’s fees: Tax foreclosures limit attorney’s fees when a lawyer helps you recover excess proceeds. This can make it challenging to find a competent lawyer to assist you after a tax foreclosure . There is no such limit for attorney fees assisting with recovering excess proceeds after a mortgage foreclosure.New Paragraph

Hire an Attorney Experienced in Recovering Excess Proceeds

Texas procedures for recovering your money after a mortgage foreclosure can be challenging to decipher without the help of an experienced lawyer. That’s where the seasoned lawyers at Manfred Law come in. Find out how they can help you. Call us at (713) 547-5460 or contact us online to request a consultation.

Why Hiring an Attorney is Essential for Smooth Business Mergers and Acquisitions.

Wed, 24 Jan 2024 18:01:32 GMT

Why Hiring an Attorney is Essential for Smooth Business Mergers and Acquisitions.

Mergers and Acquisition (M&A) is a popular growth strategy for many business owners in various industries seeking to expand their operations or market share. However, the legal and operational process of M&A can be complicated and requires the services of experienced attorneys to ensure a smooth and successful transaction.

At Manfred Law, we understand the unique challenges and complexities of M&A, and we are committed to providing top-notch legal representation and guidance for our clients in Houston.

What is the Difference between a Merger and an Acquisition?

While the terms merger and acquisition are often used interchangeably, they have distinct differences. In a merger, two or more companies merge to form one corporation with shared ownership and management. In contrast, an acquisition happens when one company buys another company's assets or ownership rights.

Understanding this distinction is critical because it determines the structure and legal documents required to complete the M&A. Our attorneys will provide you with the necessary legal advice and documentation to ensure everything runs seamlessly, avoiding operational challenges and confusion among stakeholders.

The Importance of Hiring an Attorney for Business Mergers and Acquisitions.

M&A transactions are complex and often involve intense negotiations, substantial paperwork, due diligence, and regulatory compliance. Mistakes made in any of these processes can have significant implications for the new company's structure, operations, and ability to achieve its intended goals. Hiring an experienced attorney can help ensure that the legal process is managed correctly. Moreover, they can help you navigate complex regulatory compliance requirements, minimizing the risk of encountering legal disputes and negative financial impacts.

At Manfred Law, we have the legal expertise and experience to ensure a seamless M&A transaction. We can handle all aspects of the process, from drafting legal documents and conducting due diligence to negotiating terms and ensuring regulatory compliance.

Why Choose Manfred Law for your Business Law Matters?

At Manfred Law, our attorneys have built a reputation for providing high-quality legal advice to our clients. Our team brings a wealth of knowledge and expertise to each case, providing customized legal strategies that meet our clients' unique needs. We pride ourselves on our client-centric approach, where our clients' interests always come first.

Our experience in business law matters gives us a unique advantage, as we understand the nuances and complexities of the legal landscape. Consequently, we provide legal guidance and representation that sets our clients up for long-term success. We work closely with our clients, keeping them informed throughout the legal process.

M&A is a popular growth strategy for many businesses; however, it is a complex and challenging process that requires experienced legal expertise to ensure a smooth and successful transaction. At Manfred Law, we understand the intricacies of M&A, and we have dedicated attorneys who can help guide you through this process.

Our team of lawyers will provide you with legal advice, draft legal documents, handle due diligence, negotiate terms, and ensure regulatory compliance, ensuring your M&A transaction is smooth and successful. Contact us today to schedule a consultation and let us help you achieve your business goals.

Tax Foreclosure vs. Mortgage Foreclosure: Part I

Sat, 20 Jan 2024 21:43:05 GMT

Tax Foreclosure vs. Mortgage Foreclosure: Part I

If you’re facing a foreclosure on your home, you’re no doubt worried about what happens next, whether a foreclosure sale of your home will erase your debts, and whether there might be anything left over. But the process can vary based on whether you’re going through a tax or mortgage foreclosure. That’s why it’s important to understand the process for your foreclosure in Texas and to ensure that you have an experienced attorney guiding you. In this post, we’ll walk you through Part I of our discussion about what happens after a tax foreclosure sale.

After a Tax Foreclosure

In Texas, the state tax code governs the process of distributing the proceeds from a tax foreclosure. After the sale, the proceeds go to:

• Advertising the tax sale,

• Any fees from the judgment that must be paid to a guardian ad litem,

• Court costs owed to the county clerk,

• Fees and commissions for the officer who conducted the sale,

• Expenses the taxing unit incurred in locating necessary parties,

• Taxes, interest, penalties, and attorney’s fees due under the court judgment, and

• Any other amount the court awarded to the taxing authority in the judgment.

Recovering Excess Proceeds

After the taxes and other fees and costs are paid from the foreclosure, any proceeds left over are called “excess proceeds.” If there are excess proceeds, they may be applied to any other liens on your home. If no more obligations exist, you are entitled to recover the excess proceeds.

The court must notify you by certified mail of any excess proceeds over $25 within 31 days of the sale. After that, you can petition the court for the money within two years of the sale. However, sometimes attorneys won’t take these cases because of limits on how much they can charge you by law in certain contexts. Under Texas law:

A fee charged by an attorney to obtain excess proceeds for an owner may not be greater than 25 percent of the amount obtained or $1,000, whichever is less. A person who is not an attorney may not charge a fee to obtain excess proceeds for an owner.

Tex. Tax Code § 34.03(3)(i) (2011).

The statutory language serves as a precise guideline. However, you may still need further legal expertise to identify and proactively manage other potential issues or budding conflicts.

Right of Redemption in Tax Scenarios

If your primary home is sold through a tax foreclosure, you may also have the right to recover the property within two years after the sale. To recover your home, you’ll have to pay the purchase amount, any penalties, interest, recording fees, and a 25 to 50% redemption premium, which varies depending on how long the purchaser has owned the home. It’s important to note that there is no general right of redemption after a mortgage foreclosure in Texas.

You Need a Team with Experience

If your home is in foreclosure because of unpaid taxes, you don’t have to figure this out alone. We can help. Call us at (713) 547-5460 or online to request a consultation.

Can a Mortgage Loan Modification Help You Avoid Foreclosure?

Mon, 15 Jan 2024 19:55:06 GMT

Can a Mortgage Loan Modification Help You Avoid Foreclosure?

It can be frightening if you’re having difficulty making your mortgage payments. If you’re in foreclosure on your Texas home, you’re not alone. Many people are facing financial challenges right now, and foreclosures increased significantly in 2023 over 2022. The good news is that you don’t have to figure this out alone. An experienced foreclosure lawyer, like the seasoned attorneys at Manfred Law, can help.

Advantages of a Mortgage Loan Modification

If you’re in trouble with your mortgage and having difficulty making payments, a mortgage loan modification might be helpful. An attorney can help negotiate a modification to your loan to:

Lower your interest rate,
Temporarily lower your monthly payments, or
Forbear or forgive some of the earlier interest on your loan.

In some cases, your mortgage lender may be willing to modify the loan to keep you from defaulting on the loan. A loan modification can also be helpful if you have a balloon mortgage with a large lump sum payment due at the end of the loan. Your lender may agree to draw out the number of payments and the loan term to avoid default.

Potential Drawbacks of Mortgage Loan Modification

While a mortgage loan modification can sometimes be helpful if you’re in danger of defaulting on your loan, there can also be disadvantages you should be aware of:

If your lender lowers your payment temporarily, you could end up with a large balloon payment due at the end of the temporary forbearance period.
It will take longer to pay off your loan if your payments decrease or your lender stretches them out over a longer period.
If it takes longer to pay off your loan, you will also pay more interest over the longer term.

If you’re already in default, it’s important to understand that your lender won’t stop the foreclosure process while you’re negotiating; that’s why it’s important to consult a Texas attorney well-versed in handling mortgage foreclosures.

You Need an Experienced Texas Foreclosure Attorney

If you’re facing a potential foreclosure in the Houston area, there’s no need to panic. A skilled foreclosure attorney like the seasoned lawyers at Manfred Law can help. Whether it’s a mortgage loan modification, negotiating with a lender, or explaining your best options, we’re here to offer advice. Call Manfred Law at (713) 547-5460 or contact them online to schedule your consultation.

Supreme Court Strikes Down “Equity Theft”

Sat, 13 Jan 2024 19:38:58 GMT

Supreme Court Strikes Down “Equity Theft”

on Tax Liens in Landmark Case

Tyler v. Hennepin County , 143 S. Ct. 1369 (May 25, 2023)

Getting behind on your mortgage or taxes is stressful and frightening, particularly when your home is seized for a tax sale. Some assume that in the end, they’ll get anything over what they owe in a forced sale. The local government can’t keep that money, can they? But that’s often the case and exactly what happened to a 94-year-old grandmother, Miss Geraldine Tyler of Hennepin County, Minnesota.

The Property Seizure

Ms. Tyler owned a condo in Hennepin County and owed about $15,000 in back taxes plus interest and fees. The county seized her condo and sold it for $40,000. However, instead of allowing Ms. Tyler to recover the excess proceeds from the sale, about $25,000, the county kept the proceeds, citing Minnesota law that allowed local governments to keep excess proceeds from tax sales. Ms. Tyler filed suit alleging that the county kept the excess proceeds of her property in violation of the Takings Clause of the Fifth Amendment and the Excess Fines Clause of the Eight Amendment. The district court dismissed the case, and the Eighth Circuit affirmed the dismissal.

"The taxpayer must render unto Caesar what is Caesar’s, but no more.”

Ms. Hennepin took her case all the way to the Supreme Court of the United States, and the Court agreed with her , holding that “Hennepin County’s retention of the excess value of her home above her tax debt violated the Takings Clause.” The “Takings Clause” of the Fifth Amendment states, “private property [shall not] be taken for public use, without just compensation.” According to the Supreme Court, this is based on the principle that the government can’t take more than a taxpayer owes and stretches back to the Magna Carta in the 13th century.

What does the Tyler v. Hennepin County decision mean for Texans? Until now, Minnesota and 14 other states allowed local governments to keep excess funds from tax sales. But the Supreme Court has struck down “equity theft” no matter where you live on the basis of centuries of common law and the federal constitution.

For now, it may be better to leave the champagne on ice. Common law, principals of equity, and due process are just part of the equation. Tyler v. Hennepin’s Takings Clause analysis also looks at the internal consistency of state property laws to determine if there is any legislative gamesmanship at hand. Since states define the property laws in their respective jurisdictions, a tax authority’s ability to keep surplus funds after foreclosure also depends on the treatment of excess funds in other post-foreclosure situations.

In a nutshell, the Supreme Court is more likely to cry foul when a state manipulates and distorts property law to promote the confiscation, or escheat, of surplus funds after foreclosure sale. Conversely, when state law does not guarantee the right to surplus funds in other, non-tax contexts, then the Supreme Court is inclined to see escheat as constitutional as long as former homeowners have at least some chance, at some point, to claim the excess funds. In Texas, the rightful former property owner must establish a claim for excess tax sale proceeds within two years of foreclosure.

You Need an Experienced Texas Surplus Funds Recovery Attorney

If you’ve lost your home in a tax sale in Texas, there are several issues that could impact your rights. This is not a process you should try to navigate alone. Understanding potential hiccups can save valuable time since most former homeowners do not even learn about their right to submit a claim until it's too late. Seeing the potential for red flags is not always a straight-forward process, but our experts can help you get your money as quickly as possible. Call the experienced surplus funds recovery attorneys at Manfred Law today at (713) 547-5460, or contact us online to request a consultation.

How Long Does It Take to Get Surplus Funds After a Foreclosure Sale?

Tue, 02 Jan 2024 00:24:51 GMT

like sand in the hourglass . . .

When you’re facing the loss of your home or property through foreclosure, there is an unequivocal strain for your family and on your finances. Once your home is sold and the liens on your home are paid off, you’re entitled to any excess proceeds. But to recover that leftover money, you must follow the procedures the law and the courts set up. A lawyer experienced in handling the recovery of excess foreclosure funds can help.

What Happens After Foreclosure

After the foreclosure of your home, the court will order the sale to the highest bidder. The sale will go to paying off any liens on your home and the costs of foreclosing on and selling your home. If there is more than $25 left, you are entitled to the excess money , and you’ll have two years to petition the court for these funds.

How Long Will It Take to Recover the Money???

Once you petition the court to recover your excess proceeds, the average time to recover excess proceeds is typically 90 to 120 days. However, more complicated claims take more time. Your claim may be simple to process if:

The previous owner is still living,
There was only one property owner,
There are no additional claims on the funds, and
There are no additional liens on your property.

If the previous property owner is deceased or there are competing claims, getting the money in your bank account may take longer. When you need the funds as soon as possible, you need an experienced attorney to make the process happen as quickly as possible.

How Can a Surplus Funds Recovery Lawyer Help Me?

When you’re going through the foreclosure of your home or property, ensuring your rights are protected and that you get the funds you’re entitled to can be challenging. That’s why most people and businesses alike hire an experienced surplus funds recovery lawyer to guide them through and steer the often slow and stressful process. The team at Manfred Sternberg & Associates can help. Call us at (713) 547-5460 or contact us online today to discuss your case.

What Happens to the Excess Proceeds from a Foreclosure Property Sale in Texas and Other States?

Mon, 01 Jan 2024 19:48:29 GMT

What Happens to the Excess Proceeds from a Foreclosure Property Sale in Texas and Other States?

Dealing with the foreclosure of your home or property can be a frightening time. You’re undoubtedly concerned about the process, whether anything will be left over from the sale, and whether you have any claims. Often, you may hear about what happens in nearby states and assume the process is the same everywhere, but in Texas, our procedures are very specific. That’s why you should speak with a surplus funds recovery attorney who is well-versed in Texas foreclosure law.

Texas Excess Proceeds

In Texas, if you have an unpaid tax lien, a mortgage in foreclosure, a mechanics lien, or another lien on your home, a lien holder can ask a Texas court in your county for a judgment and the sale of your home to pay the debt. Your home county will then auction your property to the highest bidder, using the money to pay off the lien against the property. However, if any money is left after paying the lien and the costs of the foreclosure and sale, you may be entitled to claim it. These remaining funds are called the “ excess proceeds .” Moreover, in some cases, if the foreclosure sale involves your home, you may have a “redemption period” where you can still recover your property if you repay the total amount of the judgment against you plus any taxes, fees, fines, or penalties.

Other States

However, it’s important to remember that every state handles the excess proceeds from a foreclosure property sale differently. For example, in Louisiana, foreclosures are typically handled via an auction, with any excess proceeds returning to the previous owner. However, Louisiana has no “right of redemption” after a foreclosure sale.

You Need an Experienced Surplus Funds Recovery Attorney

The process can be overwhelming if you’re going through a foreclosure sale in Texas. But you don’t have to figure this out alone. The seasoned attorneys at Manfred Law have been helping Texans unravel the bureaucratic process of recovering excess funds for years. Find out how they can help you. Call them at (713) 547-5460 or contact them online to schedule your consultation.

The Importance of Hiring a Business Litigation Attorney in Texas

Fri, 15 Dec 2023 21:34:36 GMT

The Importance of Hiring a Business Litigation Attorney in Texas

Running a business is no easy feat, especially during a legal dispute. Contractual breaches, intellectual property theft, or employment disputes are just some of the many issues that businesses may encounter. Such conflicts can result in costly litigation that may inflict long-term damage to the business. In such cases, hiring a business litigation attorney can make all the difference. This post will present the benefits of hiring a business litigation attorney in Texas.

1. Understand (don't underestimate ) the Legal Intricacies at Hand

Legal disputes can be confusing and complex. Often, businesses may not be fully familiar with the entire legal system, including statutes, regulations, rules of evidence, and court proceedings. A seasoned business litigation attorney can guide you through each stage of the litigation process and offer an informed opinion on the best course of action. With an attorney's counsel and guidance, you'll have a better understanding of the legal system, helping you make better decisions regarding your business.

2. Protecting Your Business Interests

One of the primary responsibilities of a business litigation attorney is to protect the interests of your business. A business litigation attorney can represent your business in negotiations, mediations, and other forms of dispute resolution. In case litigation is imminent, your attorney will work to build a strong case on your behalf, securing the best possible outcome for your business.

3. Experience and Expertise

Business litigation attorneys have the experience and expertise necessary to handle the legal complexities of the business world. They understand the nuances of business law and are equipped to navigate the legal system skillfully. They know how to investigate a dispute, build a case, and present arguments in court. With their help, you can minimize the risks to your business and achieve the best possible outcome in litigation.

4. Cost-Effective

While businesses may worry about the cost of hiring an attorney, it's essential to consider the long-term costs of not hiring one. A business litigation attorney can provide cost-effective solutions, such as arbitration or mediation, to resolve disputes without lengthy court battles. By doing so, they can save your business time, money, and resources, preventing costly damages and litigation in the future.

5. Peace of Mind

Running a business can be stressful, especially when embroiled in legal issues. Hiring a business litigation attorney can provide peace of mind by allowing you to focus on what you do best – running your business. Knowing that you have a legal team protecting your interests can reduce stress and help you to concentrate on strategic planning, growth, and success.

Running a business comes with its fair share of challenges, and legal disputes are among them. When faced with such a problem, hiring a business litigation attorney can provide invaluable support to protect your business interests, navigate the legal system, and minimize risks. Business litigation attorneys have the experience, expertise, and resources to help your business resolve legal disputes effectively and efficiently. If you avoid going at it alone, you may avoid jeopardizing your business – consider hiring a business litigation attorney today.

Will a Tax Lien Foreclosure Affect my Credit?

Fri, 15 Dec 2023 19:37:22 GMT

Will a Tax Lien Foreclosure Affect my Credit?

If you’re behind on your taxes with a lien on your home, you may be concerned about a tax lien foreclosure and the consequences it will have. Losing your home may be something you’ve accepted, but will you be able to buy or rent another home? Will a tax lien foreclosure negatively affect your credit? It’s important to understand your options and the potential consequences as soon as possible.

Credit Ratings After a Foreclosure

According to Bankrate.com , a tax lien on your home won’t negatively affect your credit rating. The three major credit bureaus no longer include state or federal tax liens on your credit report. However, it’s a different story for a foreclosure. A foreclosure will hurt your credit and remain on your credit report for seven years. The greatest impact on your score will happen immediately after the foreclosure, and its impact will diminish over time.

Avoiding a Tax Lien Foreclosure

The best way to protect your credit is to avoid a tax lien foreclosure. In some cases, you may be able to abate or stop a foreclosure before it happens.

1. Pay the Overdue Amounts

You can “ redeem ” the property before a sale if you pay off the overdue amount. You’ll have to pay any judgment, interest, penalties, and costs, but redeeming the property will stop the foreclosure and release the tax lien.

2. Deferred Tax Collection

If you are over 65 or disabled and occupy your property as a “residence homestead,” you may be able to abate a tax lien foreclosure and defer collection of your delinquent taxes.

3. Contact Your Mortgage Company

If you have a mortgage, consider contacting your mortgage company to see if they will pay the taxes and add the amount to your lien. You may also be able to consider a home equity line of credit or a reverse mortgage to pay your delinquent taxes.

You may also have options to redeem your home after a tax lien foreclosure. An experienced foreclosure attorney can explain your options.

You need the Skilled Foreclosure Lawyers at Manfred Sternberg & Associates

If you’re facing a tax lien foreclosure, it’s important to understand the potential consequences and your options. Navigating the process can be challenging, but an experienced Texas foreclosure attorney can help guide you and protect your rights. Call the seasoned tax foreclosure attorneys at Manfred Sternberg & Associates at (713) 547-5460 , or contact them online to schedule your consultation.

My Homeowner’s Insurance Company’s Check Was Too Small: What Do I Do?

Fri, 01 Dec 2023 19:31:05 GMT

My Homeowner’s Insurance Company’s Check Was Too Small: What Do I Do?

You count on homeowner’s insurance to protect one of your largest financial assets. When the worst happens, whether it’s a tornado, a hurricane, or a fire, you need to know that your insurance company will quickly and efficiently get you back in your home. But what happens when your insurance adjustor writes a check that won’t cover your damages or the cost of repairing your home? The good news is, you don’t have to take it. An experienced lawyer, like the attorneys at Manfred Sternberg & Associates, can help.

What Happens When the Check is Too Low?

If you believe the check from your homeowner’s insurance isn’t enough to compensate you for damages adequately, you shouldn’t cash the check. You have options.

Talk to your insurance company. Tell them why you think the adjustor’s estimate is wrong. You can even send them receipts for repairs or estimates from your contractors.
Request an appraisal. In many cases, your insurance company will have an appraisal process you can use. Each of you will hire an appraiser, and the two appraisers will choose a third as an umpire of sorts. Each appraiser will estimate your losses; if the numbers differ, the third appraiser makes the final decision. If you use the appraisal process, you’ll be responsible for the cost of your appraiser and half of the cost of the third appraiser.
File a complaint. You can file a complaint with the Texas Department of Insurance.
Contact an attorney. An attorney experienced in handling and negotiating homeowner’s insurance claims can evaluate your case, discuss your options, and negotiate with your insurance company on your behalf.

Hire an Attorney Experienced in Insurance Claims Recovery

You don’t have to take it if you’re getting the runaround or a lowball offer from your homeowner’s insurance company. The experienced attorneys at Manfred Sternberg & Associates can help. They’ve been helping people in Texas recover the compensation they deserve from insurance companies for years. If you believe your insurance company is acting in bad faith, they can help with that too. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Recovering Excess Proceeds: Mortgage Versus Tax Foreclosures

Wed, 22 Nov 2023 17:27:46 GMT

Recovering Excess Proceeds: Mortgage Versus Tax Foreclosures - Part 2

If you’re going through a foreclosure, you may not care that the process differs for tax and mortgage foreclosure sales. After all, your home is on the block. But after the sale, once your unpaid obligations are fulfilled, you may be entitled to recover any money that’s left over. However, in Texas, recovering excess proceeds can vary depending on the type of foreclosure. That’s why you must understand the difference between foreclosures and which process applies to you. Our last post focused on what happens after a tax foreclosure [link to post]. In this post, we’ll focus on mortgage foreclosures.

After a Mortgage Foreclosure

The costs of foreclosing on and selling your home,
A second mortgage on your home, if you have one, and
Any other unpaid liens on your home, such as a mechanic’s lien.

Recovering Excess Proceeds After a Mortgage Foreclosure

Differences Between Mortgage and Tax Foreclosures

While the basic processes after a foreclosure are similar for both mortgage and tax foreclosures, there are some key differences.

Trustee versus the court: You will petition the trustee who handled the mortgage foreclosure sale to recover your excess proceeds. In a tax foreclosure, you would petition the court.

No right of redemption: There is no right of redemption after a mortgage foreclosure in Texas. A right of redemption is only available for some tax sales and those involving liens from homeowners’ associations.

No limit on attorney’s fees: Tax foreclosures limit attorney’s fees when a lawyer helps you recover excess proceeds. This can make it challenging to find a competent lawyer to assist you after a tax foreclosure . There is no such limit for attorney fees assisting with recovering excess proceeds after a mortgage foreclosure.

Hire an Attorney Experienced in Recovering Excess Proceeds

Texas procedures for recovering your money after a mortgage foreclosure can be challenging to decipher without the help of an experienced lawyer. That’s where the seasoned lawyers at Manfred Law come in. Find out how they can help you. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Recovering Excess Proceeds: Tax Foreclosures Versus Mortgage Foreclosures

Wed, 15 Nov 2023 17:22:09 GMT

Recovering Excess Proceeds: Tax Foreclosures Versus Mortgage Foreclosures - Part 1

If you’re facing a foreclosure on your home, you’re no doubt worried about what will happen next, whether a foreclosure sale of your home will erase your debts, and whether there might be anything left over. But the process can vary based on whether you’re going through a tax or mortgage foreclosure. That’s why it’s important to understand the process for your mortgage foreclosure in Texas and to ensure that you have an experienced foreclosure attorney guiding you. In this post, we’ll walk you through what happens after a tax foreclosure sale.

After a Tax Foreclosure

In Texas, the state tax code governs the process of distributing the proceeds from a tax foreclosure. After the sale, the proceeds go to :

Advertising the tax sale,
Any fees from the judgment that must be paid to a guardian ad litem,
Court costs owed to the county clerk,
Fees and commissions for the officer who conducted the sale,
Expenses the taxing unit incurred in locating necessary parties,
Taxes, interest, penalties, and attorney’s fees due under the court judgment, and
Any other amount the court awarded to the taxing authority in the judgment.

Recovering Excess Proceeds from a Tax Foreclosure

After the taxes, other fees, and costs are paid from the foreclosure, any proceeds left over are called “ excess proceeds .” If there are excess proceeds, they may be applied to any other liens on your home. If no more obligations exist, you are entitled to recover the excess proceeds.

Tex. Tax Code § 34.03(3)(i) (2011).

Right of Redemption from a Tax Foreclosure

You Need an Experienced Foreclosure Attorney

If your home is in foreclosure because of unpaid taxes, you don’t have to figure this out alone. The experienced attorneys at Manfred Law can help. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Quiet Title vs. Trespass to Try Title in Texas: 2

Fri, 10 Nov 2023 19:06:00 GMT

How these causes of action work

Our last post discussed the differences between a “trespass to try title” and a “quiet title” action in Texas. You use a trespass to try title action in Texas to challenge ownership of land, while you use a quiet title action to settle a defect in the chain of title. A potential claim against the title is called a cloud, and a quiet title action can literally “quiet” the clouds and ensure you are the clear owner of the property. In this post, we’ll discuss what you must show to prevail in these actions.

1. Prevailing on a Quiet Title Action in Texas

For example, you will use a quiet title action if you have a land boundary dispute with a neighbor or conflicting survey information. To win an action to quiet title in Texas, you’ll need to show the following:

That you have an interest in a specific piece of real property,
That your title to the property is affected by the defendant’s claim, and
The claim isn’t valid or enforceable even if it’s valid on its face.

2. Prevailing in a Trespass to Try Title Action in Texas

You might use a trespass to try title action to establish title to a property through adverse possession. To win an action in a trespass to try title in Texas, you’ll need to show:

You have actual possession of the real property at issue, not constructive possession. You’ll need this to establish that your real property interest is the proper subject of the trespass to try title action.
After establishing your actual possession of the property, you must show:
A regular chain of conveyances from the “sovereign,” meaning you can show proper conveyances stretching back to the origin of the property right,
The plaintiff has a superior title to the defendant’s if they come from a common source,
Title by limitations, meaning the party who isn’t the title holder of record has continuously and openly possessed the property, or
Prior possession of the property that hasn’t been abandoned.

The plaintiff in a trespass to try title action must prevail on their own strength of title, not weaknesses in the defendant’s title.

Hire a Skilled Texas Property Lawyer

If you’re concerned about title to your real property, it’s important to get legal guidance. Title issues can be nuanced and complex in Texas, but you don’t have to navigate the process alone. The experienced attorneys at Manfred Law have been helping Texans with property claims for years, and they can help you too. Give us a call at 713-547-5460 or contact us online to schedule your consultation.

Quiet Title vs. Trespass to Try Title in Texas: Part I

Wed, 08 Nov 2023 21:45:00 GMT

Texas is no stranger to disputes over property...

You may have heard the term “quiet title” used in the past. It’s a common real property action used across the U.S. to establish a right to property if it’s in question. People often use it to protect their real property rights from outside challengers. But the term “quiet title” means something different in Texas. If you’re challenging real property rights in a Texas court, you may want to use a “trespass to try title” action. Our clients often come to us seeking clarity on these two causes of action, so in these next two articles, we’ll explain the difference.

1.Trespass to Try Title

In Texas, when there are competing claims over real property, the remedy may be a “ trespass to try title ” action. A “trespass to try title” is often the only possible way to clear up conflicts in the chain of a title to recover real property that’s “unlawfully withheld” from you. This is an action to challenge the ownership of real property or the boundaries thereto. For example, you might bring a trespass to try title action if you’ve gained real property through “adverse possession.”

2. Quiet Title

On the other hand, a “quiet title” action is an action to clean up a “cloud” or potential property claim that indirectly affects your title or ownership. This is an action to clarify ownership of real property against other possible claimants. You might use a quiet title action if there is a defect in your property’s chain of title, like an improper deed. Or you could use a quiet title action to establish a clear property owner in a boundary dispute. In the next part of this post, we’ll discuss how a trespass to try title or a quiet title action works in Texas.

Hire an Experienced Texas Property Lawyer

If you’re concerned about your property rights, you don’t have to figure this out alone. A skilled Texas property law attorney can help. The attorneys at Manfred Law have been helping Texans like you untangle complex property legal challenges for years. Call them at 713-547-5460 or contact them online to schedule your consultation.

What Happens with a Deficiency Judgment?

Wed, 01 Nov 2023 17:12:50 GMT

What Happens with a Deficiency Judgment?

If you’re going through a Texas home foreclosure because of delinquent tax payments, the entire process can be stressful and scary. But what happens if a foreclosure sale doesn’t cover your entire tax liability? If you still owe money even after the sale, the creditor may come after you for the rest of what you owe. This is called a deficiency judgment .

After the Tax Foreclosure Sale

If the foreclosure sale of your home doesn’t pay off your entire tax liability, the county may still seek to recover the rest of the money from you in a deficiency judgment. To do so, the creditor must file another lawsuit within two years of the foreclosure sale of your property. After receiving a personal judgment against you, they can attempt to attach other property or assets you own.

Fair Market Value Offset

However, if your home sells for less than your debt, you can still avoid or minimize a deficiency judgment. You can bring suit in the county where your property is located within 90 days of the foreclosure sale, requesting a fair market value offset of what you owe. You can also respond to the creditor’s deficiency judgment suit requesting a credit . If you can submit evidence that the fair market value of your home on the date of the foreclosure sale was more than the home sold for, the court may offset any deficiency judgment with that amount.

For example, if you owed $250,000 in taxes and your county foreclosed on your home and sold it for $200,000, you could have a deficiency judgment for the additional $50,000. But if you can show the court that the fair market value of your home at the time of the foreclosure sale was $240,000, the court may credit you with the $40,000. This could reduce a deficiency judgment to $10,000 from $50,000. Because foreclosure sales often result in a sale price well below fair market value, in many cases, it is worth it for you to consult an attorney and request a fair market value credit offset of your deficiency judgment.

You Need an Experienced Texas Surplus Funds Recovery Attorney

If you’re facing a tax foreclosure or a deficiency judgment after a foreclosure, it’s important to know and understand your options. The process can be challenging to unravel, but an experienced Texas foreclosure attorney can help guide you and minimize what you owe. Call the skilled tax foreclosure attorneys at Manfred Law at (713) 547-5460 . Or contact them online to schedule your consultation.

Why You Need a Mergers and Acquisitions Attorney in Texas

Tue, 31 Oct 2023 19:16:00 GMT

Why You Need a Mergers and Acquisitions Attorney in Texas

Mergers and acquisitions (M&A) are complex business transactions that require the guidance of a skilled attorney. These legal professionals have extensive knowledge and experience in negotiating, drafting, and finalizing deals that involve the transfer of ownership of companies. If you're planning to buy or sell a business in Texas, it's crucial to have a mergers and acquisitions attorney on your side. In this blog post, we'll discuss the benefits of working with an attorney in M&A deals and how they can help you achieve your goals.

1. Managing Legal Risks and Compliance

There are a lot of legal risks that can arise during M&A transactions. An experienced mergers and acquisitions attorney can help you identify and mitigate these risks. They can ensure that all the necessary legal documents are in order and advise on any regulatory compliance issues. By working with a legal professional, you can avoid costly legal disputes or regulatory fines that might cause significant damage to your business.

2. Negotiating and Drafting M&A Agreements

Your attorney will be responsible for drafting and reviewing all the legal agreements involved in the M&A deal, including purchase agreements, non-disclosure agreements, and shareholder agreements. A skilled attorney can help you negotiate favorable terms and ensure that your interests are protected. They can also review any proposals put forth by the other party and provide advice on whether it is in your best interest to accept or reject them.

3. Facilitating Due Diligence Process

During the M&A process, you must conduct due diligence to ensure that the other party has accurately represented the business's financial and legal standing. However, this process can be time-consuming and complicated. A mergers and acquisitions attorney can help you navigate this process by reviewing all financial reports, conducting legal research, and ensuring that all necessary agreements and disclosures are in place.

4. Assisting with Post-Merger Integration

After the M&A deal has been concluded, there are still several legal aspects that need to be taken care of. A mergers and acquisitions attorney can help you integrate your new business with your existing one, including reorganizing staff and repurposing assets. They can also help you navigate any legal issues that may arise during the transition.

5. Providing Expert Legal Advice

In addition to their legal expertise, a mergers and acquisitions attorney can provide valuable advice and guidance throughout the M&A process. They can advise on business strategy, help you negotiate with the other party, and ensure that your interests are protected at every stage of the deal.

Working with a mergers and acquisitions attorney is essential for anyone involved in M&A transactions in Texas. These legal professionals can provide the necessary legal advice and guidance that can help you minimize risks, negotiate the best deals, and protect your interests. If you're planning to buy or sell a business in Texas, do not hesitate to consult with a mergers and acquisitions attorney. We can help you achieve your goals by tending to the short-term and long-tern legal matters that lie ahead.

Quiet Title vs. Trespass to Try Title in Texas: How Do They Work?

Sun, 15 Oct 2023 16:48:00 GMT

Quiet Title vs. Trespass to Try Title in Texas: How Do They Work?

1. Prevailing on a Quiet Title Action in Texas

That you have an interest in a specific piece of real property,
That your title to the property is affected by the defendant’s claim, and
The claim isn’t valid or enforceable even if it’s valid on its face.

2. Prevailing in a Trespass to Try Title Action in Texas

You might use a trespass to try title action to establish title to a property through adverse possession. To win an action in a trespass to try title in Texas, you’ll need to show:

You have actual possession of the real property at issue, not constructive possession. You’ll need this to establish that your real property interest is the proper subject of the trespass to try title action.
After establishing your actual possession of the property, you must show:
A regular chain of conveyances from the “sovereign,” meaning you can show proper conveyances stretching back to the origin of the property right,
The plaintiff has a superior title to the defendant’s if they come from a common source,
Title by limitations, meaning the party who isn’t the title holder of record has continuously and openly possessed the property, or
Prior possession of the property that hasn’t been abandoned.

The plaintiff in a trespass to try title action must prevail on their own strength of title, not weaknesses in the defendant’s title.

Hire a Skilled Texas Property Lawyer

If you’re concerned about title to your real property, it’s important to get legal guidance. Title issues can be nuanced and complex in Texas, but you don’t have to navigate the process alone. The experienced attorneys at Manfred Law have been helping Texans with property claims for years, and they can help you too. Give them a call at (713) 547-5460 or contact them online to schedule your consultation.

Quiet Title vs. Trespass to Try Title in Texas: Part I

Sun, 01 Oct 2023 16:43:44 GMT

Quiet Title vs. Trespass to Try Title in Texas:

Part I

1. Trespass to Try Title

In Texas, when there are competing claims over real property, the remedy may be a “ trespass to try title ” action. A “trespass to try title” is often the only possible way to clear up conflicts in the chain of a title to recover real property that’s “unlawfully withheld” from you. This is an action to challenge the ownership of real property. For example, you might bring a trespass to try title action if you’ve gained real property through “adverse possession.”

2. Quiet Title

In the next part of this post, we’ll discuss how a trespass to try title or a quiet title action works in Texas.

Hire an Experienced Texas Property Lawyer

If you’re concerned about your property rights, you don’t have to figure this out alone. A skilled Texas property law attorney can help. The attorneys at Manfred Law have been helping Texans like you untangle complex property legal challenges for years. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Understanding the Statute of Limitations for Filing a Car Accident Claim in Texas

Sat, 30 Sep 2023 20:16:00 GMT

Understanding the Statute of Limitations for Filing a Car Accident Claim in Texas

Car accidents can happen to anyone, and the aftermath can be overwhelming. Apart from dealing with the physical injuries and emotional toll, you also have to navigate the complex process of filing a car accident claim. Texas law sets specific time limits for filing a lawsuit after a car accident, known as the statute of limitations. In this blog post, we will discuss the statute of limitations for filing a car accident claim in Texas, how long you have to file a lawsuit after a car accident, and how liability is determined in a Texas car accident.

1. What are the statute of limitations for filing a car accident claim in Texas?

The statute of limitations for a car accident claim in Texas is two years from the date of the accident. This means you have two years to file a lawsuit after a car accident to seek compensation for your damages, including medical expenses, lost wages, and property damage. If you fail to file a lawsuit within the statute of limitations, your case will likely be dismissed, and you may lose the chance to recover compensation for your damages.

Some exceptions can extend the statute of limitations in certain car accident cases, such as if the victim is a minor, the liable party is out of state, or the injury is not immediately evident and manifests later. It is essential to speak with an experienced car accident attorney in Texas to understand the statute of limitations for your particular case.

2. How long do I have to file a lawsuit after a car accident?

As mentioned, the statute of limitations for filing a lawsuit after a car accident in Texas is two years. However, it is crucial to start the claims process as soon as possible to build a strong case and increase your chances of recovering the compensation you deserve. Waiting too long to file a claim can also negatively impact your case.

Insurance companies will often try to settle car accident claims quickly, even before the full extent of your injuries is known. It is essential not to accept any settlement offers until you have fully evaluated your injuries and damages with the help of an experienced car accident attorney who can fight for your rights and maximize your compensation.

3. How is liability determined in a Texas car accident?

Texas follows a modified comparative fault system to determine liability in car accident cases. This means that if you were partially at fault for the accident, your compensation will be reduced by your percentage of fault for the accident. However, if you are found to be more than 50% at fault, you cannot recover compensation for your damages.

Liability in car accident cases can be challenging to determine, as multiple factors can contribute to the accident. It is important to collect evidence at the scene of the accident, including witness statements, photographs, and police reports, to help establish liability. An experienced car accident attorney can help you build a strong case and negotiate with insurance companies to secure the maximum compensation you deserve.

If you have been involved in a car accident in Texas, it is important to understand the statute of limitations for filing a car accident claim, how long you have to file a lawsuit, and how liability is determined. Seeking the help of an experienced car accident attorney can make a significant difference in your case's outcome and maximize your compensation for your damages. Contact our team today to see if you might benefit from decades of hard-won legal experience.

Right of Redemption Issues for Investors in Texas

Fri, 15 Sep 2023 09:36:51 GMT

Right of Redemption Issues for Investors in Texas

If you’re investing in property in Texas, foreclosure or tax sale properties can be an attractive option. But before you invest, you should understand the laws in Texas surrounding the original owner’s right of redemption, or right to reclaim the property, under Texas law.

Right of Redemption

Under the Texas Tax Code , certain property owners have a right to redeem or recover the property within two years of the foreclosure sale. The right of redemption only applies to tax or HOA foreclosure sales, not any other foreclosures related to liens or mortgages on the property.

1. Agricultural Land or Primary Residence

If the property was a primary residence or agricultural land, the original owner has two years to “redeem” or recover the property by paying the purchaser the amount of the purchase, recording fees, taxes, penalties, interest, and costs, as well as a 25-50% redemption premium. The amount of the redemption premium will vary based on when the owner redeems the property.

The “costs” the new owner can charge include costs “for maintaining, preserving, and safekeeping the property,” which would include insurance, legally-required repairs, payment of municipal liens imposed for health or safety reasons, HOA dues, and utility impact or standby fees.”

2. Properties Subject to an HOA

The redemption rules change if an investor purchases a property from a homeowner's association foreclosure. Under the Texas Property Code , the original owner will have only 180 days after receiving written notice of the sale from the HOA, which must mail it within 30 days after the sale. To redeem the property purchased by a third-party investor, the original owner must pay:

Amounts owed to the HOA,
Purchase price of the investor,
Taxes, penalties, and interest,
Deed recording fees, and
Costs incurred during eviction.

The original owner will not have to pay a redemption premium.

3. Other Property

The redemption rules also differ for property purchased in a tax foreclosure sale that isn’t a primary residence or land designated for agricultural use. The original owner only has 180 days to redeem the property, and the redemption premium is limited to 25%. The redeeming owner must still pay all costs, interest, and fees.

Hire an Experienced Surplus Funds Recovery Attorney

If you’re looking to purchase property in a foreclosure sale as an investment, it’s important to be aware of Texas law regarding the owner’s right of redemption. Because the process is nuanced and must be followed exactly, it’s important to have an experienced foreclosure attorney guiding you through the process. Find out how the seasoned attorneys at Manfred Law can help. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Supreme Court Strikes Down “Equity Theft” on Tax Liens in Landmark Case

Fri, 01 Sep 2023 16:12:52 GMT

Supreme Court Strikes Down “Equity Theft” on Tax Liens in Landmark Case

Getting behind on your mortgage or taxes can be stressful and frightening, particularly if your home is seized for a tax sale. But you assume that in the end, you’ll get anything over what you owe in a forced sale. The local government can’t keep that money, can they? But that’s exactly what happened to 94-year-old Geraldine Tyler from Hennepin County, Minnesota.

The Property Seizure

Ms. Tyler owned a condo in Hennepin County and owed about $15,000 in back taxes, plus interest and fees. The county seized her condo and sold it for $40,000. However, instead of allowing Ms. Tyler to recover the excess proceeds from the sale, about $25,000, the county kept the proceeds, citing Minnesota law that allowed local governments to keep excess proceeds from tax sales. Ms. Tyler filed suit alleging that the county kept the excess proceeds of her property in violation of the Takings Clause of the Fifth Amendment and the Excess Fines Clause of the Eighth Amendment. The district court dismissed the case, and the Eighth Circuit affirmed the dismissal.

Equity Theft Supreme Court Case

What does the Tyler v. Hennepin County case mean for you? Until now, Minnesota and 14 other states allowed local governments to keep excess funds from tax sales. But the Supreme Court has struck down “equity theft” no matter where you live.

You Need an Experienced Texas Surplus Funds Recovery Attorney

If you’re facing a tax sale in Texas, this isn’t a process you should try to navigate alone. Understanding your rights and how to get back any excess proceeds from a sale is important. The process isn’t easy to understand, but we can help you get your money back as quickly as possible. Call the experienced surplus funds recovery attorneys at Manfred Law at (713) 547-5460 . Or contact them online to schedule your consultation.

Understanding the Legal Factors That Affect the Price of Your House in Texas

Tue, 29 Aug 2023 19:08:00 GMT

Understanding the Legal Factors That Affect the Price of Your House in Texas

When it comes to buying or selling a home in Texas, there are many factors that can influence the price of a house. Some of these factors are outside of your control, while others can be managed to help you get a better price for your property. Whether you're a homeowner, a real estate agent, or a buyer, understanding these factors can help you make informed decisions and negotiate better deals.

In this blog post, we will discuss the legal aspects of the Texas housing market that can have an impact on the value of your house. From zoning laws to property taxes, we will explore the key factors that you need to be aware of when buying or selling a home in the Lone Star State.

1. Zoning Regulations

One of the key legal factors that can affect the price of a house in Texas is zoning regulations. These regulations determine how a particular piece of property can be used, whether it's residential, commercial, or industrial.

If your property is zoned for residential use only, it may be worth less than a similarly sized property that is zoned for mixed-use, allowing both residential and commercial use. Conversely, if your property is zoned for industrial use, it may be worth more if there is demand for industrial space in your area.

Before buying or selling a house in Texas, it's important to understand the local zoning regulations and how they can impact the value of your property.

2. Property Taxes

Property taxes can also have a significant impact on the price of a house in Texas. Every year, homeowners must pay property taxes based on the assessed value of their property. The amount of property tax that you pay can vary depending on the location, size, and condition of your property, as well as the local tax rate.

High property taxes can make a house less attractive to buyers, as it increases the overall cost of homeownership. Conversely, areas with lower property taxes may be more desirable, driving up the price of houses in those areas.

It's important to keep in mind that property taxes can change over time, so it's a good idea to stay informed and watch for any changes that may affect the value of your house.

3. Economic Conditions

The economy of Texas can also play a role in the price of a house. When the economy is strong and there is a high demand for housing, property values tend to rise. Conversely, when the economy is weak, property values can decline.

Factors such as job growth, population growth, and interest rates can all impact the state of the economy and the housing market in Texas. When buying or selling a house in Texas, it's important to keep an eye on these economic indicators and how they may affect the value of your property.

4. Environmental Regulations

Environmental regulations can also have an impact on the value of a house in Texas. For example, if a property is located in an area that is prone to flooding, it may be at higher risk of damage and therefore worth less than a similar property in a less flood-prone area.

In addition, state and federal regulations related to air quality, water quality, and hazardous waste can impact the value of a property if they require expensive cleanup or mitigation efforts.

When buying or selling a house in Texas, it's important to be aware of any environmental regulations that may impact the value of your property.

When it comes to buying or selling a house in Texas, there are many legal factors that can influence the price of a property. By understanding these factors and staying informed, you can make more informed decisions and negotiate better deals.

Whether you're a homeowner, a real estate agent, or a buyer, it's important to understand the impact of zoning regulations, property taxes, economic conditions, and environmental regulations on the value of a house in Texas. By staying informed and minding when it becomes the right time to engage trusted experts, you can navigate the Texas housing market with confidence and success.

Excess Funds from a Foreclosure Sale: Texas Law in Plain Language

Thu, 17 Aug 2023 16:29:00 GMT

Excess Funds from a Foreclosure Sale: Texas Law in Plain Language

If you’re going through foreclosure of your home or other property, the entire process can be stressful and full of bureaucratic notices and deadlines. But whether you’re still in the process or on the other side, it’s important to understand your rights under Texas law.

Texas Foreclosures and Excess Proceeds

If you have an unpaid tax lien, a mechanics lien, or a mortgage you aren’t paying, the lien holder may ask the court for a judgment against you and order the sale of your home. The county will then auction it to the highest bidder and use the proceeds to pay off the lien. But if any funds are left after all the liens on your property and the costs of foreclosing and selling are paid, you may be entitled to anything left over. These are called the “ excess proceeds .”

Texas Law on Excess Proceeds

Texas Tax Code §34.04 details the law about how and when you can recover excess proceeds from a foreclosure sale. But the tax code is dense and complex, so what does it really mean?

Excess Proceeds: If more than $25 is left from the foreclosure sale of your home after the lien and any costs are paid, you are entitled to claim that money.
Time Limits: You must file a claim for excess proceeds within two years of the sale of the property.
Documentation: You must attach the proper documentation in your petition for the excess money, including the transfer or assignment document, the current deed, and the deed when you owned it.
Multiple Owners: If there is more than one former owner of the property, the court will assign the proceeds “as the interests of each may appear.” So, if you own the property jointly with two other people, the court will assign the proceeds to each of you equally.
Assignments: If you assign the excess proceeds, the court can’t order they be paid more than 125% of what the assignee paid you for the assignment. State law also contains complex rules about how and when you can assign your interest in excess proceeds to someone else.

Hire an Experienced Surplus Funds Recovery Attorney

If you’re going through a foreclosure sale, you don’t have to navigate this complex process alone. Manfred Law can help. The attorneys at Manfred Law have been helping people like you in the Houston area for years. Call them at 713-547-5460 or contact them online to schedule your consultation.

How Long Will It Take to Get Excess Proceeds from a Foreclosure Sale?

Tue, 15 Aug 2023 16:05:44 GMT

How Long Will It Take to Get Excess Proceeds from a Foreclosure Sale?

When you’re facing the loss of your home or property through foreclosure, it can be stressful for your family and finances. Once your home is sold and the liens on your home are paid off, you’re entitled to any excess proceeds. But to recover that leftover money, you must follow the procedures the law and the courts set up. A lawyer experienced in handling the recovery of excess foreclosure funds can help.

What Happens After Foreclosure

How Long Will It Take to Recover the Money?

The previous owner is still living,
There was only one property owner,
There are no additional claims on the funds, and
There are no additional liens on your property.

How Can a Surplus Funds Recovery Lawyer Help Me?

When you’re going through the foreclosure of your home or property, ensuring your rights are protected and that you get the funds you’re entitled to can be challenging. That’s why you need an experienced surplus funds recovery lawyer to guide you through the process. The team at Manfred Law can help resolve this for you quickly and efficiently. Call them at (713) 547-5460 or contact them online to schedule your consultation.

What to Do When a Lienholder Tries to Take the Excess Proceeds of a Foreclosure Sale

Tue, 01 Aug 2023 15:57:12 GMT

What to Do When a Lienholder Tries to Take the Excess Proceeds of a Foreclosure Sale

If you’ve faced the loss of your home or other property through foreclosure, it can be a stressful process. But you may be counting on anything that’s left over, also called the excess proceeds, from the sale of a foreclosed property. So, what happens if a lienholder tries to take that money? The good news is that you have rights, and lawyers experienced in recovering Texas excess foreclosure sale proceeds, like Manfred Law, can help.

Recovering Excess Proceeds in Texas

If you owe money on your property, the lien holder can force the property into foreclosure because of an unpaid mortgage, an unpaid mechanic’s lien from a contractor, a tax lien, or other lien that you can’t pay. An administrator will then sell your house to the highest bidder. However, if the sale of your property generates more than $25 in excess funds, you are entitled to the excess money once all the liens on your property are satisfied. You’ll have two years to claim the excess funds.

Eligibility for Excess Funds

You will need to petition the court to receive your excess funds. If all the liens on the home are satisfied by the sale, you’re only entitled to the excess proceeds if:

You’re the owner of the property, or
You are assigned the proceeds by the owner at least 36 days after the excess proceeds are deposited with the court.

If there’s more than one property owner, the court will assign the excess proceeds to each owner “as their interests appear.” If the amount you owe the lien holders is satisfied by the sale, they are not entitled to the excess proceeds. However, the process can be challenging to navigate on your own.

What Can a Surplus Funds Recovery Lawyer Do for Me?

If you’re facing the foreclosure of your home or property, you need help. To ensure you get the excess proceeds you’re entitled to, you need an experienced lawyer. A skilled surplus funds recovery lawyer can help you through this process as quickly and efficiently as possible. The team at Manfred Law can help. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Excess Funds from a Foreclosure Sale: Texas Law in Plain Language

Sat, 15 Jul 2023 15:49:33 GMT

Excess Funds from a Foreclosure Sale: Texas Law in Plain Language

Texas Foreclosures and Excess Proceeds

Texas Law on Excess Proceeds

Texas Tax Code §34.04 details the law about how and when you can recover excess proceeds from a foreclosure sale. But the tax code is dense and complex, so what does it really mean?

Excess Proceeds: If more than $25 is left from the foreclosure sale of your home after the lien and any costs are paid, you are entitled to claim that money.
Time Limits: You must file a claim for excess proceeds within two years of the sale of the property.
Documentation: You must attach the proper documentation in your petition for the excess money, including the transfer or assignment document, the current deed, and the deed when you owned it.
Multiple Owners: If there is more than one former owner of the property, the court will assign the proceeds “as the interests of each may appear.” So, if you own the property jointly with two other people, the court will assign the proceeds to each of you equally.
Assignments: If you assign the excess proceeds, the court can’t order that they be paid more than 125% of what the assignee paid you for the assignment. State law also contains complex rules about how and when you can assign your interest in excess proceeds to someone else.
Attorney Fees: Lawyers recovering excess proceeds for you can’t charge more than 25% or $1,000, whichever is less.

Hire an Experienced Surplus Funds Recovery Attorney

If you’re going through a foreclosure sale, you don’t have to navigate this complex process alone. Manfred Law can help. The attorneys at Manfred Law have been helping people like you in the Houston area for years. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Right of Redemption: Reclaiming Your Texas Property after a Tax Foreclosure Sale

Thu, 13 Jul 2023 17:29:00 GMT

Sometimes you fall behind on your taxes. Whether it’s through an accident, financial hard times, or the death of a family member leading to unpaid bills and confusion, sometimes things get away from us. But the county will place a lien on your home if you don’t pay your property taxes. You can then face foreclosure from the county looking to recoup those funds with a sale to the highest bidder to pay off the judgment against you. If this happens to you, you need to understand your rights during foreclosure and how to get your property back.

The Right of Redemption

In Texas, you may be able to reclaim your property even after a tax foreclosure sale in certain situations. This concept is called the “right of redemption.” To redeem your property, you’ll need to pay off the total amount of the judgment against you, including any interest, taxes, penalties, and the costs of obtaining the lien, foreclosure, and sale. See Tex. Tax Code §§ 33.43, 33.48. Redeeming the property will stop the foreclosure process and release the tax lien. See Tex. Tax Code § 33.53. The amount of time you have to redeem your property is known as the “redemption period,” and it will vary based on the property type. Some properties have a 180-day redemption period that begins when the deed of sale is filed in the county records. Other properties, such as agricultural land and residential homestead properties, have a two-year redemption period. However, you may still have options if the redemption period has already passed. You may be able to recover any excess funds from the tax sale if the county sold your property for more than the judgment against you, including the costs of the foreclosure and sale.

You Need an Experienced Foreclosure Sale Attorney

If you and your family are facing a foreclosure or a tax foreclosure sale has already occurred, you need to understand your rights as a property owner. But you have a limited time to act to recover your property or excess funds from the sale. You need an experienced Texas attorney well-versed in helping those with foreclosed properties. Find out how the attorneys at Manfred Sternberg & Associates can help. Give us a call at (713) 547-5460 or contact us online to take the next step.

Will a Tax Foreclosure Sale Wipe Out My Existing Mortgage?

Sat, 01 Jul 2023 15:44:27 GMT

Will a Tax Foreclosure Sale Wipe Out My Existing Mortgage?

If you’re going through a foreclosure in Texas, we know the process can be frightening and complex. Many of our clients have questions about how a foreclosure sale will affect their current mortgage and how they can stop it. In this post, we’ll answer your questions about what happens with your existing mortgage during a foreclosure. If you have questions about the process, the experienced attorneys at Manfred Law can help.

What is a Tax Foreclosure Sale?

If you’re unable to pay your property taxes, your county or municipality may foreclose on your home and sell it to pay off what you owe. When the county sells your property, it will go to the highest bidder, with the proceeds going towards paying off your tax lien and any other liens. However, you will receive notice long before a sale occurs, which may give you time to work with the county to pay off your taxes and any penalties or fines.

What Happens to My Mortgage During a Tax Foreclosure?

If your home does go through a tax foreclosure and sale, the tax lien will take priority over any other liens. As a result, a foreclosure sale will wipe out your existing mortgage on the property. As a result, if you have a mortgage on your home, your bank will often collect property taxes as part of your monthly payment, putting the funds into escrow and then paying property taxes on your behalf. But if this doesn’t happen and you make payments directly, your mortgage company may still be able to help.

In some cases, you may have the “ right of redemption ” even after a property tax foreclosure sale. Under Texas law, you may redeem the property up to two years after the purchaser’s deed is filed in the county records. An experienced foreclosure attorney can help.

You Need an Experienced Foreclosure Attorney

If you’re going through a tax foreclosure sale and are concerned about how this will affect your mortgage, you need an experienced professional guiding you through the process. The skilled team at Manfred Law can help. Call them today at (713) 547-5460 or contact them online to schedule your consultation.

Right of Redemption: Reclaiming Your Texas Property after a Tax Foreclosure Sale

Thu, 15 Jun 2023 15:39:08 GMT

Right of Redemption: Reclaiming Your Texas Property after a Tax Foreclosure Sale

Sometimes you fall behind on your taxes. Whether it’s through an accident, financial hard times, or the death of a family member leading to unpaid bills and confusion, sometimes things get away from us. But the county will place a lien on your home if you don’t pay your property taxes. You can then face foreclosure from the county, forcing the sale of your home to the highest bidder to pay off the judgment against you. If this happens to you, you need to understand your rights during foreclosure and how to get your property back.

The Right of Redemption

The amount of time you have to redeem your property is known as the “redemption period,” and it will vary based on the property type. Some properties have a 180-day redemption period that begins when the deed of sale is filed in the county records. Other properties, such as agricultural land and residential homestead properties, have a two-year redemption period.

However, you may still have options if the redemption period has already passed. You may be able to recover any excess funds from the tax sale if the county sold your property for more than the judgment against you, including the costs of the foreclosure and sale.

You Need an Experienced Foreclosure Sale Attorney

If you and your family are facing a foreclosure, or a tax foreclosure sale has already occurred, you need to understand your rights as a property owner. But you have a limited time to act to recover your property or excess funds from the sale. You need an experienced Texas attorney well-versed in helping those with foreclosed properties. Find out how the skilled attorneys at Manfred Law can help. Give us a call at (713) 547-5460 or contact us online to schedule your consultation.

I’m a Beneficiary of the Owner of a Foreclosed Property: Can I Obtain Proceeds from the Sale of the Property?

Thu, 01 Jun 2023 17:47:00 GMT

I’m a Beneficiary of the Owner of a Foreclosed Property: Can I Obtain Proceeds from the Sale of the Property?

When a loved one dies, it can be challenging to settle the details of their estate while you’re grieving. If a lien holder recently foreclosed on property owned by your loved one, it can make the entire process even more complex. As the beneficiary of their estate, you may be entitled to recover any excess funds from selling that property. But it’s important to understand your rights to ensure you don’t lose those assets.

Foreclosed Property Sales in Texas

If a property or asset owner in Texas has unpaid liens, such as a mortgage in default or a mechanic’s lien, the lien holder can sometimes force the sale of the property to satisfy those liens. This happens by petitioning the court or a trustee. The court or a trustee then orders the sale of the property after notice to the property owner and the public. Foreclosure sales are open to the public and typically happen at the county courthouse on a set day each month.

What Happens to Excess Proceeds?

After the property sells, the original lienholder can only receive the amount of their lien on the property and the costs of the foreclosure and the sale. The amounts over that total are known as “excess funds.” The former property owner can typically receive those excess funds after petitioning the court or the trustee for the sale.

If the former owner is now deceased, the beneficiaries of their estate may be entitled to recover the excess funds. An attorney for the estate or its eligible heirs generally files a petition with the District Court in the county where the property was sold. The court then determines if and how to distribute the excess funds under Texas law.

In Texas, you have two years from the property sale date to recover excess funds. If the estate or its beneficiaries don’t petition the court or the trustee for those funds within two years, you can lose the ability to recover that money.

You Need an Experienced Surplus Funds Recovery Attorney

If you’re the beneficiary of a deceased property owner after a recent foreclosure, the estate may be entitled to receive any excess funds from that sale. But it’s important to understand your rights and the time limits involved. That’s why you need an experienced lawyer to ensure you and the deceased’s estate can recover the excess funds quickly and efficiently. The experienced attorneys at Manfred Law can help. Find out what they can do for you. Call Manfred Law at 713-547-5460 or contact us online to take the next step forward.

Hurricanes and Bad Faith Insurance Claims

Thu, 01 Jun 2023 15:31:53 GMT

Hurricanes and Bad Faith Insurance Claims

The 2023 hurricane season kicked off on June 1st, and if we’re discussing major storms and not the popular New Orleans beverage, it’s not a cause for celebration. In Texas, we’re no strangers to storms. But if you’re insured, you assume that your insurance company will be there to help if the worst happens and you lose your home or suffer serious property damage during a hurricane. Unfortunately, that’s not always the case, but the attorneys at Manfred Law can help.

2023 Hurricanes

We have our first official named storm of the season, with tropical storm Arlene forming in the Gulf of Mexico on June 1st. Tropical storms are named alphabetically through a procedure devised by an international committee of the World Meteorological Organization. Hurricanes in the Atlantic are named using a list of names for each of six years, alternating between male and female names. The list repeats after six years, with exceptions for names of storms that were so deadly they’re permanently retired as a matter of respect for the loss of life and property damage. For example, we no longer use the names Ida, Matthew, or Katrina for hurricanes.

Bad Faith Insurance Claims

If you suffer damage to your home during a hurricane, you assume that your insurance company will help you pick up the pieces and repair or replace your home. But sometimes, an insurer denies a claim in bad faith , violating the terms of your insurance contract. If your insurer pulls this, you may have two legal options to recover: common law and statutory bad faith claims.

Common Law Bad Faith: To prove a common law bad faith claim, you must show that your insurer’s failure to pay your claim was “egregious,” even though its duty to reimburse you was clear. This can sometimes be a hard standard to prove.
Statutory Bad Faith: A statutory bad faith claim is a bit easier to prove in Texas. Under the Texas Insurance Act, insurance companies can’t perform “unfair or deceptive acts or practices.” Tex. Ins. Code §§ 541-542. But your insurer’s conduct doesn’t have to be “egregious” to win your case. Examples of potentially unfair or deceptive practices include:

o Denying your claim without making a reasonable investigation,

o Misleading you about what your policy covers ,

o Not responding to your claims within a reasonable time, and

o Using an investigation as a pretext to deny your claim.

Hire an Experienced Bad Faith Insurance Claims Attorney

If you’ve faced a bad faith insurance claim denial after damage to your home or property, you don’t have to put up with this bad behavior. The skilled attorneys at Manfred Law can help. Call us at (713) 547-5460 or contact us online to schedule your consultation.

Minnesota Grandmother Takes County to U.S. Supreme Court Over Excess Proceeds from a Foreclosure Sale

Mon, 15 May 2023 21:51:53 GMT

Minnesota Grandmother Takes County to U.S. Supreme Court Over Excess Proceeds from a Foreclosure Sale

Going through a foreclosure on your property is never an easy matter. If you’re in default, a lien holder, like your mortgage company or a mechanic’s lien holder, can sometimes force the sale of your property to recover their money. But in Texas, we take for granted that the lien holder can only recover the amount of their lien plus the costs of foreclosure and the sale. Under Texas law, you can recover any excess funds by petitioning the court or the trustee. However, there are 12 states in the U.S. where this isn’t the case. A woman in Minnesota recently took the fight to keep the excess proceeds from her foreclosed property to the U.S. Supreme Court .

Unpaid Real Estate Taxes in Minneapolis

Grandmother Geraldine Tyler owned an apartment in Minneapolis, Minnesota, and dutifully paid her property taxes for years. But she fell behind on her bills when she moved to a senior center and a safer neighborhood across town. By 2015, Ms. Tyler owed $2,311 in unpaid property taxes. When the city added penalties, fees, and interest, she owed almost $13,000.

Hennepin County seized Ms. Tyler’s condo and sold it for $40,000. But rather than keep the $13,000 she owed plus $2,000 for costs and return the rest to Ms. Tyler, the county kept the entire $40,000. In Minnesota, the law allows a local government to take “absolute title” when they seize a property, meaning Ms. Tyler wasn’t entitled to recover any of the excess proceeds of the sale.

On April 26, 2023, the U.S. Supreme Court heard Ms. Tyler’s case. The Pacific Legal Foundation, the nonprofit representing Ms. Tyler, called Minnesota’s practice “an egregious violation of fundamental property rights.” But 11 other states also allow local governments to keep the entire amount gained from a foreclosure sale. For now, this remains a legal practice.

Texas Law on Excess Proceeds

Fortunately, under Texas law, a lien holder who forces the sale of a property can only keep the value of the lien on the property plus any costs of foreclosing and selling the property. The former property owner is then entitled to petition the court or a trustee for the excess proceeds within two years of the foreclosure sale date.

Hire an Experienced Surplus Funds Recovery Attorney

If you’re facing a foreclosure, it’s important to understand your rights and how to recover any excess proceeds from the sale. But the system doesn’t make it easy to figure out what to do and when. An experienced attorney can help you recover the money quickly and efficiently. The skilled attorneys at Manfred Law can help. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Minnesota Grandmother Takes County to U.S. Supreme Court Over Excess Proceeds from a Foreclosure Sale

Mon, 15 May 2023 18:20:00 GMT

Minnesota Grandmother Takes County to U.S. Supreme Court Over Excess Proceeds from a Foreclosure Sale

Unpaid Real Estate Taxes in Minneapolis

Texas Law on Excess Proceeds

Hire an Experienced Surplus Funds Recovery Attorney

Do You Need a Lawyer to Obtain Excess Proceeds from a Property Sale?

Wed, 03 May 2023 14:57:00 GMT

Do You Need a Lawyer to Obtain Excess Proceeds from a Foreclosure Sale?

When you’re going through a foreclosure sale, the process is stressful. It's challenging enough to uproot your life without having to figure out what’s happening and what you can do to protect your limited legal rights. A property sale can happen for several reasons, including unpaid taxes, a lien on your home, a mechanic’s lien, or an unpaid mortgage. But if your property is sold in foreclosure, you want to ensure that you collect any funds remaining from the sale over the amount you owe. You don’t have to figure this process out on your own. An experienced attorneys like the attorneys at Manfred Sternberg & Associates can help.

What Happens to the Excess Proceeds from a Foreclosure Sale?

Recovering Excess Funds in Texas

You owned the property sold in whole or in part
The property sells for more than all the combined liens plus the costs of the foreclosure and sale of the property
You file your petition for the excess funds within two years of the sale.

If you own the property with more than one person, the court or trustee will generally assign properly claimed excess proceeds as indicated on the title or otherwise.

Hire an Experienced Surplus Funds Recovery Attorney

Unfortunately, recovering excess proceeds from a foreclosure sale can be a complex process and time-consuming process.Typically, there is very little time to get everything in order—and the process is often slow. But you don’t have to navigate the process on your own. An experienced attorney can help.

Manfred Sternberg & Associates has helped hundreds of clients withstand and overcome the tedious process of protecting your rights in the recovery of surplus funds in the state of Texas. Find out how we can help you as well. Call Manfred Law at (713) 547-5460 or contact us online today through our online submission form.

I’m a Beneficiary of the Owner of a Foreclosed Property: Can I Obtain Proceeds from the Sale of the Property?

Mon, 01 May 2023 21:43:25 GMT

I’m a Beneficiary of the Owner of a Foreclosed Property: Can I Obtain Proceeds from the Sale of the Property?

Foreclosed Property Sales in Texas

What Happens to Excess Proceeds?

If the former owner is now deceased, the beneficiaries of their estate may be entitled to recover the excess funds. The estate or its eligible heirs will file a petition with the District Court in the county where the property was sold. The court will then distribute the excess funds according to the terms of the will or Texas intestacy laws.

You Need an Experienced Surplus Funds Recovery Attorney

If you’re the beneficiary of a deceased property owner after a recent foreclosure, the estate may be entitled to receive any excess funds from that sale. But it’s important to understand your rights and the time limits involved. That’s why you need an experienced lawyer to ensure you and the deceased’s estate can recover the excess funds quickly and efficiently. The experienced attorneys at Manfred Law can help. Find out what they can do for you. Call Manfred Law at (713) 547-5460 or contact them online to schedule your consultation.

Understanding Compensation Calculations in Personal Injury Cases in Texas

Sun, 30 Apr 2023 21:37:00 GMT

Understanding Compensation Calculations In Personal Injury Cases In Texas

Personal injuries can be a devastating experience, both physically and emotionally. It can disrupt your life, strain your financial resources, and cause stress for you and your loved ones. If you have been injured due to the negligence or fault of another, you may be entitled to compensation under Texas law. But how exactly does compensation get calculated in Texas personal injury cases? This blog post will explore the factors considered by Texas courts and who pays for the compensation awarded.

Types Of Compensation

Under Texas law, a person injured due to someone else's negligence is entitled to various types of compensation, such as:

- Economic damages: These include quantifiable losses such as medical bills, lost wages, property damage, and other out-of-pocket expenses.

- Non-economic damages: These are subjective losses like pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.

- Punitive damages: These are awarded to punish the at-fault party for their egregious conduct, deter them and others from repeating such behavior.

Factors Considered

When determining compensation, a Texas court will consider several factors, including:

- The severity of the injury and the degree of harm caused.

- The extent to which the victim is responsible for their injury, if any.

- The defendant's liability and proportionate fault for the injury.

- The victim's age, earning potential, and occupation.

- The availability of insurance coverage and limits.

- The impact of the injury on the victim's quality of life.

Who Pays For Compensation

In most cases, it is the defendant's insurance company that pays for the compensation awarded to the victim. For example, in a car accident case, the at-fault driver's auto insurance would typically cover the damages. If the defendant does not have insurance or has inadequate coverage, the victim may have to pursue legal action against their own insurance company or seek compensation from their personal assets.

How We Can Help

At Manfred Sternberg & Associates, our experienced personal injury attorneys can help you navigate the complex legal process and negotiate with the insurance companies to ensure you receive full and fair compensation for your injuries. We understand the physical, emotional, and financial toll that personal injury can take, and we are committed to getting you the compensation you deserve.

In conclusion, calculating compensation in a personal injury case can be a complex and nuanced process. The Texas courts consider various factors, including economic and non-economic damages and the defendant's degree of fault. Ultimately, it is the defendant's insurance company that pays for the compensation awarded to the victim. If you or a loved one have been injured due to someone else's negligence, contact us at Manfred Sternberg & Associates to discuss your case and explore your options for getting the compensation you deserve.

Excess Proceeds from a Foreclosure Sale: Terms and Deadlines You Need to Know

Mon, 17 Apr 2023 17:41:00 GMT

Excess Proceeds from a Foreclosure Sale: Terms and Deadlines You Need to Know

If you’re going through or recently went through a foreclosure sale, it’s important to understand what happens next and the terms and deadlines you’ll here before and after the process. Foreclosure sales and excess fund recovery can be a complex process. That’s why you must hire an experienced lawyer like the attorneys at Manfred Law to help.

Foreclosure Sale : If your property has unpaid liens, the lien holder may, in some cases, force the sale of the property to satisfy the liens by petitioning the court or a trustee. This is a foreclosure sale. Foreclosure sales are public, open to all bidders, and often happen on a specific day at the county courthouse each month.

Foreclosure Trustee : In Texas, lienholders may use a judicial or non-judicial process to foreclose on a property. With the non-judicial process, the foreclosure trustee may be connected to or appointed by a mortgage lender. Banks, individuals, and title companies can serve as foreclosure trustees. Your mortgage agreement may contain the right for a mortgage holder to use a non-judicial foreclosure process.

Excess Funds : After the sale of your property, the lienholder may only recover the amount of the lien on your property and the costs of the foreclosure and sale. Any funds over that amount are excess funds. You can recover these funds but must petition the court or trustee.

Costs of Foreclosure : The foreclosure costs can include the auctioneer’s fee, advertising costs, legal fees, and other direct costs to foreclose on your property and sell it. You may recover the excess proceeds from the sale over the total amounts of the liens, including interest and penalties, and the costs to foreclose and sell the property.

Recovery Deadline : In Texas, you have only two years from the date of the sale of your property to request the excess funds. Because the process isn’t simple, you should act quickly to hire an experienced attorney to help you.

You Need an Experienced Surplus Funds Recovery Attorney

If you’re facing a foreclosure sale, it’s important to understand your rights during and after the sale. An experienced attorney like the lawyers at Manfred Law can ensure you recover the excess funds from a property sale in a timely manner. They’ve been helping people in Houston for years and can help you too. Call Manfred Law at (713) 547-5460 or contact them online to schedule your consultation.

Excess Proceeds from a Foreclosure Sale: Terms and Deadlines You Need to Know

Sat, 15 Apr 2023 21:37:48 GMT

Excess Proceeds from a Foreclosure Sale: Terms and Deadlines You Need to Know

If you’re going through or recently went through a foreclosure sale, it’s important to understand what happens next and the terms and deadlines you’ll face before and after the process. Foreclosure sales and excess fund recovery can be a complex process. That’s why you must hire an experienced lawyer like the attorneys at Manfred Law to help.

Foreclosure Sale: If your property has unpaid liens, the lien holder may, in some cases, force the sale of the property to satisfy the liens by petitioning the court or a trustee. This is a foreclosure sale. Foreclosure sales are public, open to all bidders, and often happen on a specific day at the county courthouse each month.

Foreclosure Trustee: In Texas, lienholders may use a judicial or non-judicial process to foreclose on a property. With the non-judicial process, the foreclosure trustee may be connected to or appointed by a mortgage lender. Banks, individuals, and title companies can serve as foreclosure trustees. Your mortgage agreement may contain the right for a mortgage holder to use a non-judicial foreclosure process.

Excess Funds: After the sale of your property, the lienholder may only recover the amount of the lien on your property and the costs of the foreclosure and sale. Any funds over that amount are excess funds. You can recover these funds, but you must petition the court or trustee.

Costs of Foreclosure: The foreclosure costs can include the auctioneer’s fee, advertising costs, legal fees, and other direct costs to foreclose on your property and sell it. You may recover the excess proceeds from the sale over the total amounts of the liens, including interest and penalties, and the costs to foreclose and sell the property.

Recovery Deadline: In Texas, you have only two years from the date of the sale of your property to request the excess funds. Because the process isn’t simple, you should act quickly to hire an experienced attorney to help you.

You Need an Experienced Surplus Funds Recovery Attorney

Who is Eligible to Obtain the Excess Funds from a Foreclosure Sale?

Mon, 10 Apr 2023 20:16:00 GMT

Who is Eligible to Obtain the Excess Funds from a Foreclosure Sale?

If you’re going through a home foreclosure, the process can be painful and stressful for you and your family. Whether your foreclosure is happening because of an unpaid mortgage, taxes, or other liens on your home, figuring out the process and what happens after the sale can be challenging. But you also want to ensure that you recover any funds that remain from your home’s sale over the amounts you owe.

Excess Proceeds from a Foreclosure Sale

If your home sells for a higher price than the liens on your home, there will be excess proceeds or money left over. The lien holder is only entitled to the amount of their lien on your property and the costs of foreclosure and selling the home. If you have additional liens on the property, these excess funds will first pay these junior liens. For example, let’s say your mortgage holder foreclosed because of failure to make your mortgage payments. You owe $50,000 for the outstanding balance of your mortgage and the costs to foreclose and sell it, but you also have a mechanic’s lien on your home for $5,000 not paid to a contractor. If the foreclosure sale of your home nets $150,000, there will be $100,000 in excess funds. Then, the mechanic’s lien holder may recover their $5,000, leaving $95,000 in excess proceeds.

Note that other issues factor into the amounts that remain, if any.

Eligibility for Excess Funds

You may be entitled to recover the $95,000 in excess funds from the foreclosure sale of your home. However, you must petition the foreclosure trustee or court to recover these funds. You may be eligible to recover excess funds from a foreclosure sale if:

You were the owner of the property sold or appear on the deed of trust,
Someone assigned the proceeds to you at least 36 days after the excess proceeds are deposited with the court,
The home sells for more than the amount of all liens on the home and the cost of foreclosing on and selling the home, and
You file your petition within two years after the home’s sale.

If there is more than one former owner, the court will likely assign the excess proceeds to each former owner “as their interests appear.”

Hire an Experienced Surplus Funds Recovery Attorney

If you’re going through a foreclosure sale, you don’t have to figure out how to recover excess funds on your own. Manfred Law can help. The attorneys at Manfred Law have assisted Texas clients (like you) for years. Call us at (713) 547-5460 or contact us online to discuss your case or claim.

Recovering Foreclosure Sale Funds FAQ

Thu, 30 Mar 2023 19:34:00 GMT

Recovering Foreclosure Sale Funds FAQ

What Happens After a Tax Foreclosure Sale?

If you have unpaid debts on your home, such as a lien from a lawsuit, unpaid property taxes, a mechanic’s lien from unpaid contractors, or an unpaid mortgage, you may face the foreclosure and sale of your home. When this happens, the lien holder will sell your home to the highest bidder to pay your unpaid mortgage, taxes, or other debts. But in many cases, money will still be left over from the foreclosure sale after satisfying your debts.

How Can I Claim the Excess Money from a Foreclosure Sale?

If the foreclosure sale of your home generated more than $25 in excess funds, you might be entitled to the excess money . However, you will only have a limited window from the date of the sale to do so. Every case and claim is different, and with the time constraints, it pays to have the support of attorneys that do this every day.

The trustee or court officer handling the foreclosure has a duty to notify you of any excess funds from the sale. However, they generally send this notice to your last known address. More often than not, this is the foreclosed home where you no longer live and where you will not receive the notice. Recovering any such funds can take years if you don't catch red flags in advance.

What Can a Surplus Funds Recover Lawyer Do for Me?

If you’re facing the foreclosure of your home for any reason, it’s stressful and often heartbreaking. You shouldn’t have to worry about tracking down the excess money generated from the sale of your home on top of everything else. A skilled surplus funds recovery lawyer can handle the process, ensuring you get your money as quickly and efficiently as possible. If you didn’t receive a notice, your attorney can research whether there were excess funds and whether you’re entitled to them and ensure you don’t miss the deadline to recover them.

You Need an Experienced Surplus Funds Recovery Attorney

If you’re going through a tax foreclosure sale and are concerned about recovering the excess money after the sale, you need an experienced professional by your side. The skilled team at Manfred Law can help. Contact us online today to see if we can shoulder some of the burden in these stressful times.

Who is Eligible to Obtain the Excess Funds from a Foreclosure Sale?

Wed, 15 Mar 2023 18:32:56 GMT

Who is Eligible to Obtain the Excess Funds from a Foreclosure Sale?

Excess Proceeds from a Foreclosure Sale

For example, let’s say your mortgage holder foreclosed because of failure to make your mortgage payments. You owe $50,000 for the outstanding balance of your mortgage and the costs to foreclose and sell it, but you also have a mechanic’s lien on your home for $5,000 not paid to a contractor. If the foreclosure sale of your home nets $150,000, there will be $100,000 in excess funds. Then, the mechanic’s lien holder may recover their $5,000, leaving $95,000 in excess proceeds.

Eligibility for Excess Funds

You were the owner of the property sold,
Someone assigned the proceeds to you at least 36 days after the excess proceeds are deposited with the court,
The home sells for more than the amount of all liens on the home and the cost of foreclosing on and selling the home, and
You file your petition within two years after the home’s sale.

If there is more than one former owner, the court will assign the excess proceeds to each former owner “as their interests appear.”

Hire an Experienced Surplus Funds Recovery Attorney

If you’re going through a foreclosure sale, you don’t have to figure out how to recover excess funds on your own. Manfred Law can help. The attorneys at Manfred Law have been helping people like you in the Houston area for years. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Recovering Foreclosure Sale Funds FAQ

Wed, 01 Mar 2023 18:05:08 GMT

Recovering Foreclosure Sale Funds FAQ

What Happens After a Foreclosure Sale?

How Can I Claim the Excess Money from a Foreclosure Sale?

If the foreclosure sale of your home generated more than $25 in excess funds, you might be entitled to the excess money . However, you will only have two years from the date of the sale to do so. While the trustee or court officer handling the foreclosure has a duty to notify you of any excess funds from the sale, they’ll send this notice to your last known address. This is often the foreclosed home where you no longer live. Sometimes recovering these funds can take years if you aren’t familiar with the process and the courts.

What Can a Surplus Funds Recovery Lawyer Do for Me?

You Need an Experienced Surplus Funds Recovery Attorney

If you’re going through a tax foreclosure sale and are concerned about recovering the excess money after the sale, you need an experienced professional by your side. The skilled team at Manfred Law can help. Call them at (713) 547-5460 or contact them online to schedule your consultation.

Selling Your Business in Texas: What You Need to Know

Thu, 26 Jan 2023 19:06:00 GMT

Selling Your Business in Texas: What You Need to Know

Selling a business is no small feat, and the process can be even more complicated for those who are selling a business in Texas. Before you make the decision to put your business up for sale, there are certain legal considerations to keep in mind. Here, we at Manfred Law provide an overview of the critical legal factors that must be taken into account when selling your business in Houston, Texas.

Due Diligence

The due diligence process is a critical aspect of any business sale. The buyer will want to ensure that they are getting what they pay for, so they will likely conduct research into the financials of your company as well as its operations and contracts. As the seller, you should proactively prepare for the due diligence process by gathering all relevant documents and records—including books and financial statements—to provide to potential buyers during their review. This will help facilitate an efficient and thorough due diligence process with minimal disruption to your day-to-day operations.

Negotiations

Once you have identified a buyer that is interested in purchasing your business, you will need to begin negotiations over the terms of the sale. During this stage, it is important for each party’s interests to be protected through careful negotiation of items such as purchase price, payment terms, warranties and representations included in contracts related to the sale. Having an experienced attorney on your side can be invaluable during this phase of the process since they can help ensure that all terms are negotiated fairly and that any disputes or issues that arise are quickly resolved.

Closing Process

The closing process marks the end of negotiations between you and the buyer and includes signing final documents related to the sale along with transferring ownership rights—such as stock certificates if applicable—from one party to another. During this stage, it is important to have a knowledgeable attorney present who can review all relevant documents before they are signed and ensure that all parties’ interests are protected throughout this final step in completing your business sale transaction.

Selling a business is no small feat but taking care of these legal details ahead of time can make the entire process much easier on everyone involved. At Manfred Law, our experienced team is here to guide you through every step of selling your business in Houston or elsewhere within Texas—from prepping for due diligence through negotiations and beyond—so don’t hesitate to contact us with any questions or concerns about selling your business today!

What Happens When You’re Injured In An Accident, But the Other Driver Lives in a Different State?

Mon, 21 Nov 2022 18:00:03 GMT

What Happens When You’re Injured In An Accident, But the Other Driver Lives in a Different State?

When you’re injured in an accident, and the other driver lives in a different state, the last thing you want to worry about is who will pay for your medical and car-repair bills. In an ideal world, your insurance company would cover all your expenses without bothering you.

Unfortunately, we don’t live in an ideal world. Insurance companies, at the very least, will require documentation of economic damages, and if the matter ends up in a lawsuit, having to deal with an out-of-state defendant further complicates matters.

What Happens in Texas Stays in Texas

Even when a defendant lives elsewhere, if an accident happens in Texas, then Texas law will apply, and any litigation must be filed in a Texas court. Manfred Sternberg & Associates handles personal injury , truck , motorcycle , and auto -accident cases all over Texas: from El Paso to Houston, Amarillo to South Padre Island, and all points in between.

If the damage and injuries amount to more than $75,000, the case may be filed in a federal court. Federal courts can handle lawsuits where the parties live in different states and a plaintiff requests more than $75,000. One of the skilled attorneys at Manfred Sternberg & Associates can advise whether it makes more sense to file in a state or federal court.

Of course, not all accidents require filing a lawsuit in court. But insurance companies may lowball the costs of recovering from an accident where you were injured: They may not be willing to cover the full cost of repairing your car, or they may be willing to cover out-of-pocket hospital expenses but not the additional expenses that mount up while you are out of work and recovering at home. Manfred Sternberg & Associates’ attorneys take a practical approach to practicing law, preferring negotiation over litigation to hasten recovery and achieve maximum compensation.

Call an Experienced Personal Injury Attorney

Manfred Sternberg & Associates is a full-service law firm in Houston, Texas.

If you’ve been injured in a car or truck accident, contact us here or call us at 713-547-5460 to discuss your case.

Who Can I Sue For My Accident That Was Caused By Debris In The Road?

Fri, 11 Nov 2022 17:30:48 GMT

Who Can I Sue For My Accident That Was Caused By Debris In The Road?

Any automobile accident, even a minor one, is aggravating, but some of the most bothersome accidents happen when a collision with road debris damages your car. A three-year study by the AAA Foundation for Traffic Safety found that road debris was a factor in more than 200,000 crashes where police reports were filed. Those accidents resulted in 39,000 injuries and 500 deaths.

“Road debris” is anything that creates a hazard on the roadway, including objects that fly into your field of vision or strike your car. Two-thirds of road debris accidents are caused by items falling off vehicles.

Can I Sue for an Accident Caused by Road Debris?

So, whom can you sue? That depends on the particular circumstances. If the debris comes from another vehicle, and you exchange information with the other driver, your insurance company will treat it like any other accident where the drivers exchange information.

Unfortunately, your car will often encounter debris that was dropped long before you came upon it. Under those circumstances, your insurance company will likely blame you: A driver is presumed responsible for avoiding anything lying on the road that creates an unexpected danger.

The experienced legal team at Manfred Sternberg & Associates has helped thousands of people handle the aftermath of all sorts of car accidents, including those involving road debris.

Of course, not all debris falls off vehicles. A tire or hubcap may come rolling across the highway so fast that you can’t avoid it. An oil spill spread across the road may be impossible to avoid without hitting something else. But by the time you’re out of the car post-collision, it might not be evident that’s what happened–and your insurer may challenge your account.

It’s harder to avoid debris at night when visibility is limited. But even under those circumstances, an insurer might still contend that you were driving too fast or could have avoided the debris. That’s one reason it’s important to take photos of the accident damage and the area around it. You’ll need to be able to present evidence to your insurance company showing that you couldn’t avoid the debris.

Contact a Houston Car Accident Attorney

Manfred Sternberg & Associates is a full-service law firm in Houston, Texas.

If you’ve been injured in an auto accident or are having trouble collecting on an insurance claim, contact us here or call us at 713-547-5460 .

The Lowdown on Accidents at Intersections

Tue, 01 Nov 2022 17:01:23 GMT

The Lowdown on Accidents at Intersections

How often have you encountered a sudden traffic jam as you approached an intersection, only to discover when you got close that two cars had collided and the drivers were out of their cars, exchanging information? It’s probably happened more than once–according to the Federal Highway Administration, 40 percent of all U.S. crashes occur in or near intersections. The most frequent are rear-end collisions, head-on collisions, T-bone crashes (where one car drives into the side of another), and accidents involving bikers or pedestrians. The FHA tells us that 96 percent of such accidents are caused by driver error.

Intersections are Dangerous

Alarmingly, half of all traffic injuries and one-third of all traffic deaths happen at intersections–a large proportion involving cars speeding through red lights. More than half of those injured or killed were pedestrians, bicyclists, or people in other cars. Manfred Sternberg & Associates can help individuals involved in intersection accidents involving bicyclists , motorcycles , cars , and trucks .

The FHA says almost half of intersection accidents are caused by driver inattention; the other primary reasons include incorrect guesses about what another driver was about to do, illegal maneuvers, distracted driving (such as texting), and misjudging another car’s speed.

Highway safety experts suggest that the best way to avoid being caught up in another driver’s mistake is to:

Approach every intersection with caution, even if you have the right of way;
Slow down at yellow lights; and
Be cautious when approaching any intersection with an obstructed view. Obstructed views may be caused by large vehicles, sharp uphill slopes, and untrimmed trees hanging over into the roadway, among other obstructions.

To reduce the number of intersection accidents, some cities have begun adding signals, signs, and other street markings to catch motorists’ attention. Others have added left-turn lanes and flashing lights to warn drivers of upcoming intersections. Some locales have even turned intersections into traffic circles.

Get Help From an Experienced Personal Injury Attorney

Manfred Sternberg & Associates is a full-service law firm in Houston, Texas.

The firm represents all types of personal injury victims and families in wrongful-death cases. Contact us here or call us at 713-547-5460 .

How Long Do I Have To Sue After a Car Accident in Texas?

Tue, 01 Nov 2022 15:19:00 GMT

How Long Do I Have to Sue After a Car Accident in Texas?

Every state has its own laws related to car accidents, including who can sue and how long they have. You don’t usually have to decide immediately if you want to sue, but there are limits. The time frame a state gives you between the time of the accident and when you can file is called the statute of limitations.

The Statute of Limitations for Car Accident Claims in Texas

Car accidents can cause physical or mental injuries, lead to high medical bills, and missed time off from work. They can also lead to the loss of property and put an additional burden on you when you don’t have a car to drive.

People who suffer these types of losses often wait to file their claims. They might not realize the severity of their injuries, or they aren’t aware of their rights. In Texas, you have two years from the date of the accident to file a claim. That means you can file one year and 364 days after the accident, but you should file as soon after the accident as possible.

Waiting to file a claim might make it look as though you aren’t seriously injured. The at-fault driver might claim that you gave your injuries time to get worse. Filing quickly gives you time to learn about your rights and prepare a case without the risk of running out of time. If you fail to file a claim during the statute of limitations, you will lose your right to compensation.

Texas is an at-fault state. This means that if you aren’t at fault for the accident, the person who caused the crash is financially liable for damages to your person and property. Another difference in Texas car accident laws is that you can only sue the individual actor and not their insurance company . The person’s insurance company may provide defense when sued and pay any judgment up to the limits of their policy. However, you will have to direct contact with the at-fault driver’s insurance company.

When You Can Sue and When You Can’t

How to File a Car Accident Claim

Filing an accident claim isn’t a guarantee of winning your case. You must submit proof that the car accident caused your damages and injuries. Some steps to take to help make your claim successful include:

Get a Car Accident Lawyer

An experienced car accident lawyer knows your rights and the appropriate action according to the conditions of your accident. They can calculate an accurate amount for a settlement that will increase your chances of a positive outcome. Start by scheduling a free consultation and take all of your evidence with you. This includes the police report, medical reports and bills, photos of the accident scene, the contact information of any witnesses, and anything else you have collected. The more you have for the attorney to work with, the more effectively they can prepare your case.

File Right Away

The longer you wait, the harder it is for you, your witnesses, and the police to remember important details. You don’t have anything to lose by going to an initial consultation. An attorney can tell you whether you have a good case. They will advise you on whether you should take the next step in your case.

Many personal injury lawyers in Texas work on contingency. That means you don’t have to pay anything unless they collect money for your case. There isn’t any financial risk in learning more about your car accident lawsuit and pursuing compensation.

Calculate the Accurate Amount of Compensation

You might be eligible for any of several types of compensation for your claim, including:

Vehicle repairs or replacement
Cost of medical expenses and long-term care
Lost wages from work and/or loss of earning capacity
Pain and suffering
Loss of consortium and wrongful death

The compensation for your accident might be extensive. That’s why you need a personal injury attorney who knows how to negotiate and can represent you if your case goes to trial.

Car accident attorneys have in-depth experience handling cases just like yours. They have an idea of how much you can expect for different types of injuries and damages. This includes not only the medical expenses you have incurred for your accident-related injuries but also future medical costs that you must pay. You might also receive compensation for the time you missed from work due to the accident.

The amount of compensation you request shouldn’t be left to guesswork. Instead, it should be carefully calculated based on the evidence you have and the strength of your case.

Learn the Value of Your Claim

Some car accidents are easier to prove than others. Some types of accidents make good personal injury claims, such as:

Accidents involving fatigued, distracted, or texting drivers
Sideswipe collisions
Rear-end or head-on crashes
Accidents in which a driver broke certain traffic laws
Any accident which results in a fatality

You don’t have to be a driver or passenger in a car to file a car accident claim. If you were a pedestrian or bicycle rider, motorcycle rider, scooter rider, or riding in a ride-share vehicle, you could still have a valid accident claim. If you lost a loved one due to their injuries in a car accident, you might be able to file a wrongful death claim. There are many types of personal injuries for which you might deserve compensation. Talk to a personal injury attorney to learn more about your options.

Some common injuries caused by car accidents take a long time to heal. In some cases, the victim never recovers to their previous state. Other times, there are no physical injuries — only damages to the vehicle. There are also accidents involving a driver who doesn’t own the vehicle. These are just some of the scenarios where you might benefit from talking with a personal injury attorney.

The laws related to car accidents in Texas can be complex. You should never try to navigate the legal system on your own. If you’ve been in a car accident where the other driver was at fault, contact an experienced attorney to schedule a consultation. They will help you decide which steps to take going forward.

HELPFUL OR HYPE: HOW MUCH OF THE LATEST IN AUTO SAFETY TECHNOLOGY REALLY INCREASES SAFETY?

Tue, 01 Nov 2022 14:34:00 GMT

HELPFUL OR HYPE: HOW MUCH OF THE LATEST IN AUTO SAFETY TECHNOLOGY REALLY INCREASES SAFETY?

Each year when auto manufacturers introduce new models, they boast about new safety devices and technology that will make drivers and passengers safer. But how much additional safety do the latest innovations provide?

What’s the hype, and what’s actually helpful? Here’s a quick rundown:

HELPFUL: Airbags Airbags were first introduced in 1989 and have been required by the federal government since 1999. The Insurance Institute for Highway Safety (IIHS) calls them one of the most significant safety innovations of recent decades. The earliest airbags occasionally injured passengers by deploying too strongly. This is no longer the case: According to the IIHS, more sophisticated engineering has made serious airbag injuries extremely rare . The airbags installed in newer vehicles include devices that detect a passenger’s weight and position, and adjust the airbag’s deployment force accordingly.

HYPE: Hands-Free Devices and Accessories When first introduced, hands-free devices were touted for their supposed ability to decrease the risk of distracted-driving accidents by allowing drivers to keep their hands on the wheel while making calls. That ostensible increase in safety subsequently prompted more than half of U.S. states to require that drivers use some sort of hands-free phone device–whether Bluetooth, headset, or car-audio technology. Unfortunately, it turns out that hands-free devices provide a false sense of safety, as do the new dashboard touch-icons that make it easier to access display systems:

An extended hands-free phone conversation allows more time for drivers to be distracted from focusing on what’s happening around them.

As for the newest dashboard innovations, David Stayer, a professor of cognition and neural science at the University of Utah who conducts distracted driving research for the AAA, has said that all the new accessories make the modern car look like “a jet fighter.” Although dashboard icons make it easier for drivers to activate car systems without taking their eyes off the road for too long, Stayer says they present more opportunities for distracted driving.

HELPFUL: Adaptive Cruise Control and Automatic Emergency Braking Like many other new safety devices, Adaptive Cruise Control utilizes a radar system originally employed as part of the R&D used in creating driverless cars. With traditional cruise control, once a driver achieves the desired speed, they push the cruise-control button so that they needn’t worry about going over the speed limit. The driver’s only job then becomes to focus on traffic and anything else on the road. The new Adaptive Cruise Control technology allows the car to keep pace with the car in front of it. If that car slows down, the system’s Automatic Emergency Braking kicks in, reducing the chances of a rear-end collision. Automatic Emergency Braking sets off an audible alarm (and, in some models, a vibrating steering wheel) to grab the driver’s attention. If the driver doesn’t immediately step on the brakes, the system itself automatically engages the brakes.

MOSTLY HELPFUL: Crash Imminent Braking (CIB)/Dynamic Brake Support (DBS) To supplement Automatic Emergency Braking, more manufacturers are including Crash Imminent Braking/Dynamic Brake Support systems that automatically apply the brakes whenever the car’s computer system senses that it’s not slowing down fast enough to prevent a collision. In those situations, the braking system kicks in on its own, but these systems are not foolproof—and sometimes fools abound, turning otherwise routine commutes into an unnecessary hazard...

HELPFUL: Blind Spot Monitoring Blind Spot Monitoring instructs lasers and video cameras installed in the car to keep an eye on close-by spots that the driver cannot see. This helps prevent auto collisions if the driver tries to change lanes when a car is approaching quickly on that side. It can also reduce the number of tragic incidents where a large vehicle’s blind spot prevents the driver from seeing a bicycle or motorcycle directly next to them on the front passenger side.

HELPFUL: Lane Departure Warnings and Lane-Keeping Assist A Lane Departure Warning system mounts a camera in the car’s front that monitors its position relative to the lane markers, issuing a warning when the car starts to veer off. With Lane-Keeping Assist, if a car continues to veer out of its lane, the steering system actually takes over the wheel and steers the car back into its lane. A milder version of the mechanism is set off if the driver attempts a lane change without using their turn signal.

BUT SEE: No Safety Device Can Compensate for Distracted Driving None of these inventions will ever replace the need for alert, focused drivers. The most sophisticated driving technology in existence won’t be able to prevent an accident if a driver spends too much time texting, fiddling with the car controls, or looking for something on the seat next to them or behind them. Manfred Sternberg & Associates is a full-service law firm in Houston, Texas. If you are having trouble collecting on an insurance claim or need assistance with another legal matter, contact us t hrough our submission form.

How to Safely Pass a Truck on the Highway

Fri, 21 Oct 2022 16:56:29 GMT

How to Safely Pass a Truck on the Highway

Highway driving is taxing at best, but when you find yourself stuck behind a big rig, the aggravation can become even worse. It’s understandable to want to get around these behemoths. Just take care not to endanger your life or those around you while doing it.

The National Highway Traffic Safety Administration reports that 250,000 collisions between cars and trucks occur each year. According to the National Safety Council , 147,000 people were injured, and 4,965 were killed in large-truck crashes in 2020. The majority of those killed (71 percent) were occupants of other vehicles.

None of us wants to be part of these statistics. The key to safe passing is patience, alertness, and clear signaling. Below are tips for safely passing trucks and avoiding becoming a traffic-accident victim.

Trucks Can’t Stop on a Dime

Trucks weigh much more than passenger cars–18-wheelers weigh 20 to 30 times more–and are much longer. The laws of physics make it impossible for such massive vehicles to slow down quickly. A car traveling at 55 mph takes about 140 feet to stop; a large truck traveling at the same speed requires up to 400 feet. This is why we usually see a truck driving several passenger-car lengths behind the vehicle directly in front so that the driver can stop the truck without hitting the vehicle. Other drivers who pull into that gap risk being rear-ended or worse.

Stay Out of Their Blind Spots and Be Aware of Yours

Big trucks have large blind spots on all sides. Never drive close to the rear of a truck–their drivers can’t see anything directly behind them. You especially don’t want to follow too closely just before passing. Since the truck driver can’t see you, they may decide to pull into the left lane at the very moment you’re trying to pass.

Likewise, those directly behind trucks cannot see any of the traffic ahead of the truck, so a car that tries to swerve around a truck may find itself hitting another car.

Always Pass On the Left, Never on the Right

Always pass to the truck’s left so the driver can see you in their side-view mirror. The right side is a particularly bad blind spot, so the truck driver is less likely to see a car passing on its right and might switch to the right-hand lane, leading to an accident.

While Passing, Don’t Linger In the Lane Next To the Truck

Once you pull out into the left-hand lane, drive as quickly as reasonably possible to minimize time spent in the truck’s left-hand blind spot. A good rule of thumb is that if you can’t see the driver in his side-view mirror when you’re passing, he can’t see you either.

Don’t Try and Pass When Another Car is Passing

If you find yourself one of several cars trying to get around a truck, don’t tailgate another and try to pass simultaneously. You risk running into the truck’s rear, getting into its blind spot for too long, or colliding with the car in front of you.

Give the Truck Room Before Pulling in Front of It

After you’ve passed the truck, if you want to pull in front of it, make sure there’s enough space between the two of you so you can see the truck cab in your rearview mirror. And once in front of the truck, don’t change lanes again until you can see the entire truck in your rearview mirror.

No Three-Lane Passing

Never attempt a three-lane pass: passing a truck on its left, then immediately crossing over two lanes to its right-hand side. The truck’s size will prevent you from seeing what’s on the other side, and you could end up colliding with a car driving in the lane you were aiming for.

Manfred Sternberg & Associates is a full-service law firm in Houston, Texas. Our personal injury lawyers have years of successful client representation in a broad range of personal injury cases. Contact us here or at 713-547-5460 .

Which Highway Lane is the Safest to Drive In?

Tue, 11 Oct 2022 16:26:00 GMT

Which Highway Lane is the Safest to Drive In?

All drivers have certain highway-driving habits, whether we’re aware of them or not–some good, some bad. One habit is the lane we habitually choose to drive in. If you’re thinking about improving your safety habits, you might want to consider the lane you tend to migrate to most often.

Driving in the Left Lane

The National Highway Traffic Safety Administration’s (NHTSA)

Crashworthiness Data System has found that the left lane of the highway has the fewest number of crashes. However, these numbers don’t consider the severity of the crashes that do occur. A survey published in Dan Kozikowski’s Data Diversions blog found that while the left lane has the fewest crashes, those that do occur result in more severe injuries and death than other lanes due to the speeds associated with the far-left lane.

Driving in the Right Lane

The right lane is often considered the safest because it‘s the favorite of the slowest drivers. But its adjacency to on- and off-ramps and merging traffic presents its own dangers.

The right lane has the most variable speed rates as cars entering from the on-ramp speed up to move into one of the other lanes—their drivers are focused on the lane they’re merging into and not what’s directly in front of them. According to the National Highway Traffic Safety Administration, about 9 percent of the approximately 300,000 motor vehicle accidents each year involve vehicles merging onto the freeway. Sadly, around 50,000 of those result in fatalities.

The National Center for Biotechnology Information (NCBI) says that the combination of semi-trucks that obstruct drivers’ views, two-lane ramps, and excessive speed at freeway-merging locations leads to a higher likelihood of accidents involving severe injuries. Another factor is chronic driver distraction , as drivers merge into traffic while focused on something else. The NCBI adds that increasing vehicle automation can compound drivers’ tendency not to pay attention to the road: Removing driving demands allows drivers to engage in distracting activities.

What About the Middle Lane?

Based on anecdotal information, some safety experts and state transportation departments have independently concluded that the middle lane is the safest. Even though driving in the middle may lead to a sensation of being hemmed in, it provides more room and more possibilities for maneuvering around obstacles or accidents in front of your car and on either side of it.

None of the Above

Other driving-safety experts say the correct lane is the one where the other drivers’ speed is closest to your speed.

Conclusion

Whether cruising on an interstate highway late at night or stopping and starting at rush hour, driving is an inherently dangerous activity that demands full attention, whichever lane your car is in.

Enforcing Out-Of-State Legal Judgments

Sat, 01 Oct 2022 16:20:06 GMT

Enforcing Out-Of-State Legal Judgments

Suppose an out-of-state client of yours is several months in arrears on their invoices or fails to deliver the goods that you have ordered. After much back and forth, you reluctantly decide to bring suit, even though the contract requires that the case be heard outside of Texas. Suppose then that the out-of-state court decides in your favor. Great news! The defendant owes you money to compensate you for your losses.

But how can you, based in Texas, compel a defendant to pay you the money awarded by a non-Texas court?

Collecting on a Judgment

If a losing defendant in a Texas civil suit refuses to make good on a judicial judgment, the court system provides several ways of pressuring them to pay up. One is called a debtor’s examination: The debtor is ordered to show up in person to answer questions concerning their assets, as outlined in Texas Business and Commerce Code §23.22 . Another method is attaching a lien to physical property or other assets, which will hinder the debtor from legally transferring ownership to anyone else.

Fortunately for those who win out-of-state judgments, the U.S. Constitution’s Full Faith and Credit Clause requires state courts to enforce judgments rendered in other U.S. states and territories just as if they had been rendered in the state. The Texas Uniform Enforcement of Foreign Judgments Act outlines the procedures a winning plaintiff must follow.

The process of enforcing an out-of-state judgment in Texas is known as “domesticating a foreign judgment.” The legal world calls the cases “foreign judgments” because they were decided in out-of-state courts. If you win a civil judgment in an Oklahoma court, as far as Texas courts are concerned, it is a foreign judgment until it is domesticated.

A similar process exists for enforcing judgments from non-U.S. courts, but it is governed by the Foreign-Country Money Judgments Recognition Act , as embodied in Chapter 36A of the Texas Civil Practice and Remedies Code. The procedures are different, but the result is the same: The foreign-country judgment may be enforced by Texas courts.

Starting the Process

The process begins with filing the foreign judgment with a Texas court clerk, along with certain other information about the defendant. Notice must then be sent to the defendant (depending on the particular court, either by the plaintiff or by the court clerk), after which the plaintiff can begin the collection process.

Although it sounds fairly basic, domesticating a judgment is not a simple process. Filling out the proper paperwork and following all the local-court requirements can be bewildering to anyone not familiar with Texas state court procedures. The lawyers at Manfred Sternberg & Associates are experienced at enforcing foreign judgments and can take the nuisance and headache off your hands.

Manfred Sternberg is a full-service law firm in Houston, Texas. Our attorneys know how to resolve disputes in the most efficient manner possible.

Can You Get Compensation for a Minor Car Accident Injury?

Thu, 22 Sep 2022 16:13:59 GMT

Can You Get Compensation for a Minor Car Accident Injury?

People sometimes wonder whether it’s worth the hassle of filing an insurance claim when a car accident results in a relatively minor injury. According to Manfred Sternberg & Associates , the answer is: Sometimes, yes.

Soft-tissue injuries

Injuries from fender-bender car accidents may initially seem deceptively minor, especially when they lead to soft-tissue injuries. Soft-tissue injuries affect muscles, tendons, or ligaments and may not manifest themselves for some time after the incident. They can be tough to diagnose because they’re not detectable through X-rays or CT scans.

Soft-tissue injuries include:

Sprains, strains, and whiplash
Contusions (bruises), tendonitis (inflammation of the tendons), and bursitis (inflammation of areas around muscles, bones, and tendons)
Concussions, head and neck injuries, and facial injuries

These types of injuries may not become apparent for days or even weeks. Once felt, however, they can incapacitate the injured person for a long time, causing prolonged discomfort and time lost from work. Those whose jobs pay hourly could risk losing 100 percent of their income while recovering.

Since such injuries aren’t easily detectable with diagnostic equipment, insurance companies routinely reject claims, knowing it will be hard for a plaintiff to prove them in court. Insurers also routinely deny claims for injuries where medical expenses amount to a few thousand dollars, hoping that the insured person won’t go to the hassle of contesting the denial of coverage.

An experienced personal injury firm can make it much easier to pursue a claim that’s been denied. A law firm like Manfred Sternberg & Associates can work with your healthcare providers to gather documentation proving the severity of the injury. Simply having the firm send a demand letter to the insurance company shows that you mean business and often makes the insurer less inclined to drag out the reimbursement process.

In Case of Minor Injuries, See Your Doctor and Consult a Law Firm

If you should find yourself in an accident and feel persistent pain or discomfort for the next few days, don’t delay making an appointment with a medical professional. After that, if your insurer shows signs of trying to drag out the reimbursement process, contact Manfred Sternberg & Associates here or call 713-547-5460 .

How Safe are Airbags, Really?

Mon, 12 Sep 2022 16:04:24 GMT

How Safe are Airbags, Really?

Automobile airbags save lives. Thirty years ago, a series of industry studies persuaded federal safety officials of their effectiveness, and frontal-impact airbags were ordered to be mandatory on all new cars manufactured in the U.S. Subsequently, according to the National Highway Safety Administration (NHTSA), frontal-impact airbags saved 50,457 lives over a thirty-year period ending in 2017.

Are Airbags Safe?

Nevertheless, some individuals are still cautious about airbags’ safety. People hear stories about burns and eye injuries caused by the bags’ rapid deployment. The number of such injuries is relatively small. However, just as some people feared seat belts half a century ago (and some still do ), a non-evidence-based fear of airbags has made some leery of them–even though the NHTSA reports only around 300 air-bag-related deaths in the 18 years between 1990 and 2008. Moreover, airbag technology was more primitive back then, the vast majority of victims were riding in cars manufactured before 1998, and more than 80 percent were not wearing their seatbelts properly–despite auto-safety experts’ consistent warnings that safety belts are designed to work with seatbelts, not replace them.

Some people’s fears may be based on news bulletins issued whenever defective airbags are recalled. Tens of millions of Takada-brand airbags were recalled in 2019 and 2020 due to defective inflators. Before that, Fiat-Chrysler recalled 1.3 million airbags in 2017 because of faulty wiring. For those concerned about their airbags, the NHTSA website allows people to find out if their vehicle has been recalled for defective airbags or any other reason.

Small Adults and Children Beware

Safety experts agree that children, the small-statured, and women with osteoporosis are susceptible to injuries from inflated airbags. The American Academy of Pediatrics warns drivers that infants and children under age 13 should always be placed in back seats and buckled into seat belts. If that is not possible, the child should only be placed in the front seat if the passenger side airbag can be turned off, which is hardly convenient. If no other arrangement is possible, the vehicle seat should be moved back as far as possible to minimize the risk of harm from a deploying airbag. The same goes for small-statured people and those with osteoporosis.

Unlike tires, motors, and other car parts, airbags do not require maintenance unless and until they deploy. When that happens, they must be replaced using original equipment manufacturer (OEM) replacement parts. Some consumers foolishly try to save money by purchasing new airbags through unauthorized merchants or online, risking the health and safety of anyone riding in their car. There is no guarantee that airbags bought online will work correctly. (Those who bought replacement airbags through eBay may be able to get a reimbursement by contacting eBay’s Customer Support Center .)

Manfred Sternberg & Associates is a full-service law firm in Houston, Texas. If you have been injured due to a defective airbag or for a consultation on any other legal matter, contact us here or call us at 713-547-5460 .

Do the Latest Auto Safety Technologies Really Increase Safety?

Fri, 02 Sep 2022 15:56:03 GMT

Do the Latest Auto Safety Technologies Really Increase Safety?

Each year, when auto manufacturers introduce new models, they boast about new safety devices and technology that will make drivers and passengers safer. But how much additional safety do the latest innovations provide? What’s the hype, and what’s actually helpful? Here’s a quick rundown:

HELPFUL

Airbags

Airbags were first introduced in 1989 and have been required by the federal government since 1999. The Insurance Institute for Highway Safety (IIHS) calls them one of the most significant safety innovations of recent decades.

The earliest airbags occasionally injured passengers by deploying too strongly. This is no longer the case: According to the IIHS, more sophisticated engineering has made serious airbag injuries extremely rare .

The airbags installed in newer vehicles include devices that detect a passenger’s weight and position, and adjust the airbag’s deployment force accordingly.

HYPE

Hands-Free Devices and Accessories

When first introduced, hands-free devices were touted for their supposed ability to decrease the risk of distracted-driving accidents by allowing drivers to keep their hands on the wheel while making calls. That ostensible increase in safety subsequently prompted more than half of U.S. states to require that drivers use some sort of hands-free phone device–whether Bluetooth, headset, or car-audio technology.

Unfortunately, it turns out that hands-free devices provide a false sense of safety, as do the new dashboard touch-icons that make it easier to access display systems:

An extended hands-free phone conversation allows more time for drivers to be distracted from focusing on what’s happening around them.

As for the newest dashboard innovations, David Stayer, a professor of cognition and neural science at the University of Utah who conducts distracted driving research for the AAA, has said that all the new accessories make the modern car look like “a jet fighter.” Although dashboard icons make it easier for drivers to activate car systems without taking their eyes off the road for too long, Stayer says they present more opportunities for distracted driving.

HELPFUL

Adaptive Cruise Control and Automatic Emergency Braking

Like many other new safety devices, Adaptive Cruise Control utilizes a radar system originally employed as part of the R&D used in creating driverless cars.

With traditional cruise control, once a driver achieves the desired speed, they push the cruise-control button so that they needn’t worry about going over the speed limit. The driver’s only job then becomes to focus on traffic and anything else on the road.

The new Adaptive Cruise Control technology allows the car to keep pace with the car in front of it. If that car slows down, the system’s Automatic Emergency Braking kicks in, reducing the chances of a rear-end collision.

Automatic Emergency Braking sets off an audible alarm (and, in some models, a vibrating steering wheel) to grab the driver’s attention. If the driver doesn’t immediately step on the brakes, the system itself automatically engages the brakes.

Crash Imminent Braking (CIB)/Dynamic Brake Support (DBS)

To supplement Automatic Emergency Braking, more manufacturers are including Crash Imminent Braking/Dynamic Brake Support systems that automatically apply the brakes whenever the car’s computer system senses that it’s not slowing down fast enough to prevent a collision. In those situations, the braking system kicks in on its own.

Blind Spot Monitoring

Blind Spot Monitoring uses lasers and video cameras installed in the car to keep an eye on nearby spots that the driver cannot see. This helps prevent auto collisions if the driver tries to change lanes when a car is approaching quickly on that side. It can also reduce the number of tragic incidents where a large vehicle’s blind spot prevents the driver from seeing a bicycle or motorcycle directly next to them on the front passenger side.

Lane Departure Warnings and Lane-Keeping Assist

A Lane Departure Warning system mounts a camera in the car’s front that monitors its position relative to the lane markers, issuing a warning when the car starts to veer off.

With Lane-Keeping Assist, if a car continues to veer out of its lane, the steering system actually takes over the wheel and steers the car back into its lane. A milder version of the mechanism is set off if the driver attempts a lane change without using their turn signal.

No Safety Device Can Compensate for Distracted Driving

None of these inventions will ever replace the need for alert, focused drivers. The most sophisticated driving technology in existence won’t be able to prevent an accident if a driver spends too much time texting, fiddling with the car controls, or looking for something on the seat next to them or behind them.

Manfred Sternberg & Associates is a full-service law firm in Houston, Texas.

If you are having trouble collecting on an insurance claim or need assistance with another legal matter, contact us here or call us at 713-547-5460 .

What is a TWIA Policy, and Do I Need One?

Fri, 26 Aug 2022 15:42:55 GMT

What is a TWIA Policy, and Do I Need One?

The Texas Windstorm Insurance Association ( TWIA ) is a state agency that provides windstorm and hail insurance for those in the Texas Gulf area who have been denied coverage by standard insurers. TWIA was created in the early 1970s after Hurricane Celia caused extensive enough damage that insurers stopped selling policies in coastal areas deemed to be at high risk for future storm damage.

Hurricane Celia was considered a “black swan”–an unexpected event with extreme consequences that could not have been predicted. Fifty years later, our world is very different. Global conditions have changed so much that no meteorologist can predict with confidence against another Celia-like storm striking this year or next.

Five Major Hurricanes Predicted in 2022

While Storms Bonnie and Colin left relatively little destruction in their wake, several months of hurricane season still remain, and there’s no telling how strong Earl, Fiona, or Gaston may turn out to be. In early July, weather forecasters predicted the U.S. would likely experience ten hurricanes this year, five of them major–meaning they’ll reach sustained winds above 111 miles per hour.

Eligibility Requirements for TWIA Insurance

To qualify for a TWIA policy, applicants and properties must meet the following conditions:

Location : You must be located in one of the 14 first-tier coastal counties: Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kennedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio, Willacy, and parts of Harris County east of Highway 146.

Types of Structures That Qualify for TWIA Insurance:

Residential: Dwellings, personal property, manufactured homes
Commercial: Commercial buildings, business personal property, townhouses, and condominiums
Miscellaneous Items: Including but not limited to signs, fences, swimming pools, and flagpoles
You must be able to show proof of having been denied coverage.
The Texas Department of Insurance must have certified that your building was built according to the applicable building codes.
Depending on the year the building was constructed, additional conditions may apply.

In addition, you must be diligent about keeping the structure up to code and in good repair. TWIA regularly conducts surprise inspections to ensure the property still conforms to the conditions stated in the application. Inspections may be on-site or taken from the sky, using high-quality aerial imagery.

If you have questions about your storm-related insurance, contact Manfred Sternberg & Associates, a full-service law firm in Houston, Texas. You can contact us here or call us at 713-547-5460 .

The 6 Items People Most Often Forget When Preparing for a Hurricane

Fri, 19 Aug 2022 15:34:04 GMT

The 6 Items People Most Often Forget When Preparing for a Hurricane

We’re approaching the end of hurricane season–Alex, Bonnie, and Colin (and perhaps Danielle) are already in the rearview mirror–but that doesn’t mean we should let down our guard. Meteorologists predict we could still see Earl, Fiona, and Gaston before the end of 2022.

By now, anyone living near the Texas Gulf Coast is probably familiar with the basic supplies they need on hand in case a storm strikes–including batteries, water, flashlights, and transistor radios. But there are some items people don’t realize they need until after they’ve lived through a tropical depression that turned into a tropical storm, and perhaps a full-fledged hurricane . Here is a list collected from Texans who’ve been there, done that:

(1) Cash : Nowadays, most of us habitually pull out our debit or credit cards to pay for everyday necessities. We forget that during a severe storm, the power grids on which automatic payment systems rely may go down. So you’ll want to have $50-$100 on hand in small denominations (ones, fives, tens, twenties), plus quarters, dimes, and nickels for coin-operated machines.

(2) An emergency whistle : If you are stranded, a whistle can help you signal for help. They’re easier than shouting, and they can be heard very far away. You’ll want a professional-grade metal whistle, not the plastic kind. They can be found at sporting goods stores.

(3) A portable solar charger: You’ll need a solar charger to supply electricity to your devices or batteries. Find one that includes portable solar panels, a converter, and batteries. Note that the wattage amount is the best indicator of charging power, not the size of the panels. A phone can be charged using a 10-15-watt charger, so you’ll want a charger with at least that amount of wattage.

(4) Entertainment items: Books, playing cards, board games, toys, drawing pads, and crayons . If the grid goes down and you can’t use your phone, you’ll have to fall back on pre-internet amusements like Scrabble®, Monopoly®, and similar activities to pass the time. Heck, you may even enjoy them so much that you’ll want to continue playing even after the power comes back on.

(5) Sanitation Supplies, Baby Wipes, Personal Hygiene Items:

Anyone who’s gone camping knows the necessity of having plenty of cleanup wipes and hand sanitizer with them. This is especially so during a storm. The Red Cross says that during a natural disaster, more people die from unsanitary conditions than from the natural disaster itself. So if in doubt about how much to buy, get more rather than less.

(6) Waterproof Matches : But if you can’t find any waterproof matches, you can store regular matches in a plastic container to keep them safe and dry.

Additional items you won’t want to forget

Insect Repellent : Bug bites can make an already uncomfortable situation even worse, and heavy winds often blow in insects, so bring bug spray and bug-repellent cream or ointment to rub on your skin.

Manual Can Opener : You’ll need a manual can opener to open up canned goods when there’s no power.

Manfred Sternberg & Associates is a full-service law firm in Houston, Texas.

If you suffer storm damage and have trouble collecting on an insurance claim, contact us here or call us at 713-547-5460 .

Which Insurance Company Tactics Constitute “Bad Faith”?

Fri, 12 Aug 2022 15:00:50 GMT

Which Insurance Company Tactics Constitute “Bad Faith”?

Texas homeowners who live within the vicinity of the Gulf Coast are well-versed in hurricane facts:

They know that hurricane season started at the beginning of June and will last through the end of November… if we’re lucky.
They know we’ve already seen Alex , Bonnie, and Colin this year, that Danielle could emerge soon (if it hasn’t already), and that Earl, Fiona, and Gaston will likely develop as the season continues.
They know to buy homeowner's insurance to cover hurricane-wind damage, and flood insurance to cover hurricane-water damage.
But unless they’ve filed a damage claim and had a bad experience with their insurance company, they may not know what a bad faith claim is.

What is “Bad Faith”?

As it sounds, bad faith in an insurance context consists of an insurance company deliberately failing to abide by the terms of a policy it sold. When an insurance company rejects a legitimate claim, that is considered bad faith.

You’ve probably heard of punitive damages: They’re an award a court makes when someone (or some company) does something especially wrong to someone else. The purpose of punitive damages is to make an example of the wrongdoer and to deter others from doing the same thing or something similar.

Punitive damages are seldom allowed in breach of contract lawsuits, where one party sues another for failing to do what they promised to. The rare exception is when an insurance company fails to comply with the terms of the insurance policy that it sold.

Bad-faith lawsuits against insurance companies are the only breach-of-contract lawsuits where courts allow juries to award punitive damages. The rationale is that insurance is a critical necessity, and policyholders are at a significant disadvantage when their property is damaged or destroyed—especially when their insurance company refuses to cover the claim.

What insurance policy actions or inactions amount to bad faith?

Broadly speaking, bad faith claims are allowed whenever an insurer:

responds slowly or not at all to a claim;
offers less money than the amount listed in the adjustor’s damage assessment;
repeatedly demands additional documents that are either unnecessary or duplicative; or accuses the insured party of having either caused or contributed to the damage.

The best way a policyholder can prove bad faith is to keep good records.

Write down detailed notes about every conversation you have with the

insurance company, along with the date and time the conversation occurred and the name of the person to whom you spoke.

Keep all letters and emails from the company. Print out all their emails and place them in a file along with the letters and other documents.

Manfred Sternberg & Associates is a full-service law firm in Houston, Texas.

If you are having trouble collecting on an insurance claim, contact us here or call us at 713-547-5460 .

Why an Attorney is So Important When Filing a Bad Faith Insurance Claim

Fri, 05 Aug 2022 23:37:02 GMT

Why an Attorney is So Important When Filing a Bad Faith Insurance Claim

Texas law concerning bad faith by an insurance company is complicated. It’s not the kind of thing just any lawyer can do. Finding a lawyer on the internet, or hiring a personal injury lawyer whose billboard ads you’ve seen, is very risky. If they have not handled bad faith claims in a Texas court, they aren’t going to understand how the system works or the procedures they must follow. Just as you wouldn’t hire a recent graduate to handle your case, neither should you trust your case to someone who is not experienced with bad faith insurance cases.

Why Hire a Lawyer?

Your insurance company has an advantage over you because it understands how the system works and how to take advantage of you without getting in trouble. Insurance policies are so complicated that they can be difficult for non-specialists to understand. An insurance representative might explain why the company was unable to pay you what your claim deserved, or why it took so long to process, in a reasonable way that sounds reasonable to a non-specialist. Even a lawyer who is not experienced at handling bad faith insurance claims might be inclined to take what they say at face value.

Remember the 1990s comedy My Cousin Vinny? A young man gets arrested for murder in a state far away from his home. He can’t afford to hire a lawyer, so his cousin, a brand new lawyer, travels to defend him. Since it’s a movie, the cousin (with the aid of his smart girlfriend) was able to get the young man acquitted.

Unfortunately, things don’t work out that way in real life. People who hire inexperienced lawyers are sometimes sentenced to years in prison. The same sort of thing can happen in a bad faith insurance case: An inexperienced lawyer may truly believe they are getting you a good settlement when a lawyer with more experience, such as one from Manfred Sternberg , might have been able to get you two or three times as much.

How Bad Faith Insurance Law Works in Texas

The Texas legal system penalizes insurance companies that fail to live up to their responsibilities in two ways: through common law and through Texas legal statutes, also known as statutory law.

Under common law, your attorney can sue the insurer for violating the implied covenant of good faith, which requires insurance companies to treat their customers honestly and fairly.

In addition, Chapters 541 and 542 of the Texas Insurance Code punish insurance companies that engage in unfair methods of competition, including unfair or deceptive practices.

An experienced lawyer from Manfred Sternberg will understand which is most appropriate and will fight for you using whichever methods will work best for your case.

Contact a Texas Bad Faith Insurance Lawyer

If you’re having trouble getting your insurance company to handle your claim promptly, help is available. Contact the insurance-claim law firm Manfred Sternberg & Associates through our website or call 713-547-5460 .

Texas Legislature Sets Limits on Exorbitant Planitffs’ Attorney Claims

Fri, 29 Jul 2022 23:29:09 GMT

Texas Legislature Sets Limits on Exorbitant Plaintiffs’ Attorney Claims

A few years ago, a Texas Department of Insurance study revealed a sharp rise in wind and hail claims over the previous five years after bad storms. The number of wind-hail claims involving attorneys or public adjusters had multiplied by nine, and the number of policyholder lawsuits had multiplied by 14. More than half of the additional suits had been filed in South Texas. Alarmed, some insurance companies raised their homeowner’s insurance rates, and others pulled out of the state altogether. After seeing the study, members of the Texas State Legislature suspected that lawyers handling South Texas weather-related cases were using extreme weather events as a pretext to file exaggerated damage claims. That hunch was reinforced by lawyers’ failing to provide any notice to insurers before filing lawsuits, a tactic aimed at procuring higher settlements.

To prevent a crisis of insurance availability, the Texas state legislature passed the Hailstorm Bill, which became Texas Insurance Code Section 542A . The new law applies to first-party property insurance claims involving so-called “forces of nature” such as earthquakes, wildfires, floods, tornadoes, lightning, hurricanes, hail, wind, snowstorms, or rainstorms. The law’s purpose is to minimize abuses in weather-related insurance matters while protecting policyholders from improper denials of coverage.

Pre-suit Notice

The new law imposes a waiting period designed to encourage earlier out-of-court settlements. A policyholder must provide written notice to the carrier at least 61 days before filing suit. The letter must state a specific dollar amount of damages and the amount of attorneys’ fees incurred to date. After receiving notice, the insurer may conduct a pre-suit inspection of the property to make its own damage assessment.

If the policyholder files suit without providing the required notice, their attorney will be prohibited from recovering attorneys’ fees.

Additional Limitations on Attorney’s Fees

The new law also limits the attorneys’ fees awarded if the pre-suit demand proves to be considerably higher than the amount recovered at trial. It sets a sliding scale based on the size of the jury award:

For a lawyer to recover all their attorney’s fees, the jury must award at least 80 percent of the amount of damages claimed.
If the jury awards between 20 percent and 79 percent, the corresponding percentage of attorney’s fees will be awarded.
No attorney’s fees will be allowed if the jury awards less than 20 percent of the amount claimed.

The intent, of course, is to encourage more realistic pre-suit demands, leading to faster settlements.

Prompt-payment Penalties Reduced

The law also reduces the amount of interest a policyholder can receive if the insurer fails to pay what is owed promptly. The prior law, passed in 1991, allowed an 18 percent interest penalty. Its purpose was to penalize bad actors in the insurance community, but it had the unintended consequence of providing lawyers with an incentive to delay filing suit until the last possible moment to increase the amount of interest awarded. The Hailstorm bill lowered the amount to 10 percent–high enough to pressure insurance companies to promptly fulfill their duties but not so high as to become a moral hazard.

The increased frequency and strength of Gulf storms in recent years make it likely that many more homes will be damaged, and their owners will have to file insurance claims. We’ve already seen Colin this year, and weather experts expect that Danielle, Earl, Fiona, and Gaston will develop as the season continues.

Get Help From an Experienced Insurance Claims Attorney in Texas

If your insurance company has refused to pay a claim and you believe the denial was in bad faith, you’ll want to consult a law firm specializing in insurance claims. Contact Manfred Sternberg & Associates through our website or call 713-547-5460 .

Jury Hits Insurer with Heavy Penalty for Acting in Bad Faith to Policy Holder

Fri, 22 Jul 2022 16:23:44 GMT

Jury Hits Insurer with Heavy Penalty for Acting in Bad Faith to Policy Holder

The increased storm activity in Texas in recent years means more policyholders are filing claims than ever. Much of the economic damage is caused by hurricanes and other severe storms.

When Hurricane Harvey hit in 2017, one Houstonian’s truck was inundated with floodwater. By the time the water drained, the truck had suffered significant damage. Its owner filed a claim with American Access Casualty. After sending an inspector, the company offered him $6,000, far below the actual repair cost. The owner could not afford to repair the truck, and the resulting chronic dampness damaged it to the point that he had to replace it.

Texas Has Laws Designed to Keep Insurance Companies Honest

Under Texas law, insurers can be punished for unfair or deceptive practices, including failing to conduct a proper inspection, offering less than the policyholder is entitled to, not telling the truth, or otherwise misleading a policyholder about a policy provision or what the inspector found during an inspection. The law allows courts to punish insurance companies who do such things by requiring them to pay additional penalties and attorney’s fees beyond what is owed under the insurance policy.

Dominguez-Siller vs. American Access Casualty

The truck owner knew that the insurer had not treated him fairly. He hired a lawyer who filed suit for bad faith , alleging that the insurance company had failed to fulfill its duty of responding promptly and honestly to his legitimate claim. The case, Dominguez-Siller vs. American Access Casualty, went to a jury–and the jury awarded $600,000. That amount included the price of the new car, punishment for the insurer’s bad-faith tactics, and attorney’s fees.

The case has sent a warning to all Texas insurers not to try and take advantage of policyholders when they are at their most vulnerable, after their property has suffered storm damage.

Texas has already experienced severe weather in 2022, and more is predicted in the coming months. We’ve already seen Colin this year, and weather experts expect that Danielle, Earl, Fiona, and Gaston will develop as the season continues. Even a storm that doesn’t come ashore can bring severe wind and rain, leading to major damage.

Get Help From an Experienced Insurance Claims Attorney in Texas

What is a Bad-Faith Insurance Claim in Texas?

Fri, 15 Jul 2022 15:50:46 GMT

What is a Bad-Faith Insurance Claim in Texas?

If your insurance company refuses to reimburse you for economic damages that were specifically covered in your policy, Texas courts take the matter very seriously. In fact, a bad-faith insurance claim is the only breach of contract claim that allows a winning plaintiff to be awarded punitive damages for bad behavior.

The Texas Legal Definition of Bad Faith

“Bad faith” means that the insurer failed to live up to the obligations of the contract it signed with the policyholder. Texas provides two legal pathways to hold an insurer accountable for bad faith. The first, known as common-law bad faith, requires that the policyholder prove the insurer denied the claim even though its duty to reimburse was reasonably clear. Common-law bad faith requires a finding that the insurer’s conduct was “egregious.” The second legal pathway is known as statutory bad faith and is generally easier to prove. The claim is based on Chapters 541 and 542 of the Texas Insurance Act, which forbid insurance companies from committing any “unfair or deceptive acts or practices.” The conduct does not need to be egregious for a policyholder to win their case.

Unfair practices include imposing unreasonable requirements on the policyholder, such as repeatedly requesting the same information as a stalling tactic. It may also include demands to see unnecessary documents such as federal income tax returns as a condition of settling the claim.

With 2022 predicted to be an unusually heavy hurricane season, property owners should review their policies now to ensure adequate protection. You don’t want to wait until Alex, Bonnie, Colin, Danielle, Earl, or Fiona (this year’s designated storm names) are headed before you find out that your policy needs updating.

Should I Hire an Attorney?

If your insurance company has refused to pay a claim and you believe the denial was in bad faith, you’ll want to consult a law firm that specializes in insurance claims. Contact Manfred Sternberg & Associates through our website or call 713-547-5460 .

How to Prepare for a Texas Hurricane

Wed, 06 Jul 2022 20:12:00 GMT

How to Prepare for a Texas Hurricane

It’s June, and Texans are well into hurricane season, which runs through the end of November. The National Hurricane Center says last year’s Atlantic hurricane season was the third most active ever , and the National Oceanic and Atmospheric Administration predicts that this season’s hurricane activity will also be above normal . With 21 named storms hitting the Gulf area in 2021, sometime within the next few months, we can expect to hear the names Alex, Bonnie, Colin, Danielle, Earl, Fiona, and Gaston (NOAA’s names for the first six yet-to-form storms of 2022).

Hurricanes don’t just affect those living near a coast. In recent years people living inland have also felt their effects, as squalls from intense hurricane winds traveled several hundred miles, bringing rain, wind, and flooding–causing billions of dollars worth of damage. If you’re one of the millions of Texans whose home and property might be affected by a hurricane, you’ll want to plan how to protect your home and loved ones should a storm appear.

What You Should Do Now

Here are steps you can take before you hear a storm is heading your way:

Make a list of emergency phone numbers and share it with the rest of your household. Be sure to include your own phone numbers–there’s no guarantee you’ll all be in one place when a storm hits.
Prepare an emergency supply kit with several gallons of water, snacks, first aid supplies, one or more radios, extra batteries (storms sometimes disrupt internet and wireless connections for a day or more), and several flashlights with extra batteries.
Gather together travel-size personal toiletries in case the storm forces you to leave your home overnight.
Locate nearby designated shelters or places you might stay if the storm forces you out of your neighborhood for an extended period.
Make a plan for your pets–if you have to evacuate, do not leave them home alone: You can never be sure how long you’ll be away. Perhaps they might stay with an out-of-town friend? Can you locate a pet-friendly motel? Leaving them at an animal shelter is not an option. During acute weather situations, many people incorrectly assume that animal shelters are temporary dropping-off places for their pets, but that is not the case.

What You Should Do When You Learn a Tropical Storm or Hurricane is Headed Your Way

Fill up your car with gas. If possible, move it into a garage or under cover to prevent damage from objects flying in the wind.
Place your first aid kit near the door you’d use to get in your car.
Bring in any pets that are outdoors; large animals such as horses should be taken to a barn or similar shelter.
Clear your yard of debris and anything that could blow around during the storm and possibly hit something or someone.
Cover up your windows and doors, if only with duct tape. If possible, attach storm shutters or pieces of plywood to the outside of your windows.
Be ready to turn your power off if the storm comes close.

What You Should Do if the Storm is About to Hit Your Neighborhood

Keep your radio turned on to a local station. Never ignore an evacuation order. If your neighborhood suffers major flooding, it could take days for emergency personnel to reach you. At the same time, if you learn that driving conditions in your area are dangerous, you might want to make a judgment call to stay home. If you start out on the road and encounter standing water, do not attempt to drive through it. There’s no way of knowing how deep it is, and even four-wheel-drive vehicles have been known to stall or get stuck in deep water.

After the Storm

If you suffer hurricane damage and your property insurer is not cooperating, you don’t need to endure it alone. Contact the insurance-claims lawyers at Manfred Sternberg & Associates through our website or call 713-547-5460.

FAQ ABOUT HURRICANE INSURANCE CLAIMS

Fri, 01 Jul 2022 14:45:51 GMT

FAQ ABOUT HURRICANE INSURANCE CLAIMS

Twenty-one named storms came through Texas in 2021, and the National Oceanic and Atmospheric Administration predicts that this season’s hurricane activity will also be above normal . Here are some questions you might want to think about before the first three 2022 Hurricanes: Alex, Bonnie, and Colin (really? not Clyde?) become household names.

Does my homeowner’s policy cover damage from wind or flooding?

While homeowner’s insurance will cover the cost of repairing water damage from rain and water that blows in through windows or comes in through the walls, a standard policy will not cover water damage that comes from the ground. This includes damage originating from an overflowing body of water or a sewer. After Hurricane Katrina, state courts were inundated with lawsuits where judges had to inspect photos and other physical evidence to try and determine whether the damage had been caused by windblown water or flooding. This is why it’s crucial to purchase flood insurance to supplement your standard homeowner’s policy.

Likewise, not all homeowner policies cover wind damage. Checking your policy now can save you a great deal of money and headaches later.

If my home is damaged, should I wait until the insurance claim adjuster inspects the place before I begin making repairs?

Don’t wait for the adjuster to come by before you start repairs. It may take weeks for the adjuster to arrive after a large storm, and insurance companies expect you to begin mitigating your damages as soon as reasonably possible to prevent them from getting worse. But before beginning repairs, be sure to take photos of all the damaged areas as they appeared right after the storm (including all the debris), and keep receipts for everything you purchase in connection with the repairs.

Does my homeowner’s policy cover fallen trees?

Homeowner’s insurance covers damage to homes and any structures built on surrounding property, whether the affected property belongs to you or a neighbor. If the tree doesn’t damage any property but only leaves a mess in the yard, you’re generally on your own to cover most of the cost of cleanup.

Should I hire an attorney if my insurance company is acting in bad faith?

If you’re having trouble getting your homeowner’s insurance company to handle your claim promptly, help is available. Contact the insurance-claim lawyers at Manfred Sternberg & Associates through our website or call 713-547-5460 .

What is a Bad-Faith Insurance Claim in Texas?

Mon, 27 Jun 2022 16:09:00 GMT

What is a Bad-Faith Insurance Claim in Texas?

The Texas Legal Definition of Bad Faith

Unfair and deceptive acts and practices include misleading a policyholder about what a policy will cover, failing to respond to claim requests within a reasonable period, and denying or refusing to pay a claim without first conducting a reasonable investigation. Texas courts have ruled that insurers cannot conduct an investigation in bad faith to look for a pretext to deny the claim. Unfair practices include imposing unreasonable requirements on the policyholder, such as repeatedly requesting the same information as a stalling tactic. It may also include demands to see unnecessary documents such as federal income tax returns as a condition of settling the claim.

With 2022 predicted to be an unusually heavy hurricane season, property owners should review their policies now to ensure adequate protection. You don’t want to wait until Alex, Bonnie, Colin, Danielle, Earl, or Fiona (2022's designated storm names) are headed before you find out that your policy needs updating.

Should I Hire an Attorney?

How to Prepare for a Texas Hurricane

Wed, 22 Jun 2022 14:27:09 GMT

How to Prepare for a Texas Hurricane

If you’re one of the millions of Texans whose home and property might be affected by a hurricane, you’ll want to plan how to protect your home and loved ones should a storm appear.

What You Should Do Now

Here are steps you can take before you hear a storm is heading your way:

Make a list of emergency phone numbers and share it with the rest of your household. Be sure to include your own phone numbers–there’s no guarantee you’ll all be in one place when a storm hits.

Prepare an emergency supply kit with several gallons of water, snacks, first aid supplies, one or more radios, extra batteries (storms sometimes disrupt internet and wireless connections for a day or more), and several flashlights with extra batteries.

Gather together travel-size personal toiletries in case the storm forces you to leave your home overnight.

Locate nearby designated shelters or places you might stay if the storm forces you out of your neighborhood for an extended period.

Make a plan for your pets–if you have to evacuate, do not leave them home alone: You can never be sure how long you’ll be away. Perhaps they might stay with an out-of-town friend? Can you locate a pet-friendly motel? Leaving them at an animal shelter is not an option. During acute weather situations, many people incorrectly assume that animal shelters are temporary dropping-off places for their pets, but that is not the case.

What You Should Do When You Learn a Tropical Storm or Hurricane is Headed Your Way

Fill up your car with gas. If possible, move it into a garage or under cover to prevent damage from objects flying in the wind.
Place your first aid kit near the door you’d use to get in your car.
Bring in any pets that are outdoors; large animals such as horses should be taken to a barn or similar shelter.
Clear your yard of debris and anything that could blow around during the storm and possibly hit something or someone.
Cover up your windows and doors, if only with duct tape. If possible, attach storm shutters or pieces of plywood to the outside of your windows.
Be ready to turn your power off if the storm comes close.

What You Should Do if the Storm is About to Hit Your Neighborhood

Keep your radio turned on to a local station.

Never ignore an evacuation order. If your neighborhood suffers major flooding, it could take days for emergency personnel to reach you. At the same time, if you learn that driving conditions in your area are dangerous, you might want to make a judgment call to stay home.

If you start out on the road and encounter standing water, do not attempt to drive through it. There’s no way of knowing how deep it is, and even four-wheel-drive vehicles have been known to stall or get stuck in deep water.

After the Storm

If you suffer hurricane damage and your property insurer is not cooperating, you don’t need to handle it alone. Contact the insurance-claims lawyers at Manfred Sternberg & Associates through our website or call 713-547-5460 .

FAQ About Hurricane Insurance Claims

Tue, 21 Jun 2022 21:16:00 GMT

FAQ About Hurricane Insurance Claims

Hurricane season in Texas begins in June and runs through November. In the past few years, we’ve experienced more severe storms, causing more damage than previous storms have caused across previous decades. Those who haven’t lived here very long sometimes fail to realize that even though hurricane season lasts only a few months, it only takes one storm to cause considerable physical and financial damage to your home and surrounding property. Twenty-one named storms came through Texas in 2021, and the National Oceanic and Atmospheric Administration predicts that this season’s hurricane activity will also be above normal . Here are some questions you might want to think about before the first three 2022 Hurricanes: Alex, Bonnie, and Colin (really? not Clyde?) become household names.

Does my homeowner’s policy cover damage from wind or flooding?

People who haven’t read their insurance policies carefully sometimes believe a general policy covers any weather-related harm. Not until their home suffers storm damage do they learn that’s not the case. A standard homeowner’s policy does not cover flooding and may not cover wind damage. While homeowner’s insurance will cover the cost of repairing water damage from rain and water that blows in through windows or comes in through the walls, a standard policy will not cover water damage that comes from the ground. This includes damage originating from an overflowing body of water or a sewer. After Hurricane Katrina, state courts were inundated with lawsuits where judges had to inspect photos and other physical evidence to try and determine whether the damage had been caused by windblown water or flooding. This is why it’s crucial to purchase flood insurance to supplement your standard homeowner’s policy. Likewise, not all homeowners policies cover wind damage. Checking your policy now can save you a great deal of money and headaches later.

If my home is damaged, should I wait until the insurance claim adjuster inspects the place before I begin making repairs?

Try to wait for the insurance adjuster to come by before you start substantial repairs. It may take weeks for the adjuster to arrive after a large storm, and insurance companies expect you to begin mitigating your damages as soon as reasonably possible to prevent them from getting worse. But before beginning repairs, be sure to take photos of all the damaged areas as they appeared right after the storm (including all the debris), and keep receipts for everything you purchase in connection with the repairs.

Does my homeowner’s policy cover fallen trees?

Should I hire an attorney if my insurance company is acting in bad faith?

What to Say (and Not Say) Online About Your Personal Injury Case

Wed, 15 Jun 2022 14:26:54 GMT

What to Say (and Not Say) Online About Your Personal Injury Case

By now, we’ve all been cautioned to keep our personal details private when it comes to our online presence. Few people listen, but there are real risks when information about your life is posted on Facebook or detailed in emails to a friend. If you are involved in a personal injury lawsuit, things you say in writing online can be used against you.

The Other Side Can Obtain Copies of Your Electronic Communications

Despite your expectation of privacy when shooting a quick email or text, that writing is actually discoverable in a lawsuit, and if it contains information relevant to your lawsuit, it can provide meaningful information to the other side. Under both state and federal law (see FRCP 34(a)(1)(A)), personal emails may be allowed in as evidence if they meet certain standards and are not privileged, such as attorney-client communications.

The judge and the jury can also be shown your social media. If, for example, you have been injured in an automobile accident and are claiming that you are having trouble walking and making monetary claims for emotional distress, avoid posting those pictures of your epic ski party weekend on Instagram.

Take Great Care With Any Written Online Statements

As difficult as it may seem, it is a good decision to suspend your social media presence during the pendency of your lawsuit. If you must put something in writing about your personal injury case or your injuries, consult your lawyer for advice beforehand. Otherwise, before you press “send,” think carefully before putting anything online that may contradict claims or facts that you have asserted in your personal injury action. When you send an email or text, speak about your case in general terms or avoid the subject altogether.

Follow the Advice of a Skilled Personal Injury Attorney

You shouldn’t have to figure out how to handle these issues on your own. Look for an attorney who has successfully represented many people in personal injury actions. Manfred Sternberg and the experienced lawyers at Manfred Law will expertly handle your personal injury case and protect you from making costly mistakes. Call (713) 547-5460 , or click here to contact us and schedule your appointment.

Seeking Fair Compensation When a Car Accident Worsens Your Preexisting Injury

Wed, 08 Jun 2022 14:26:31 GMT

Seeking Fair Compensation When a Car Accident Worsens Your Preexisting Injury

Hypothetical: You’ve had chronic back problems for years, and have been in and out of chiropractors’ offices with varying degrees of relief. Yesterday, without warning, you were rear-ended hard by a car exceeding the speed limit. The driver apologizes for not paying attention, and you exchange information. A week later, you can’t get out of bed, and your back and neck are in excruciating pain. You spend the next few months seeing orthopedists and finally schedule surgery after having exhausted all other options.

The Driver Who is at Fault is Responsible

There is an old saying in the law: “You take the plaintiff as you find them.” The plaintiff is the person who has been injured and is seeking compensation from the at-fault party, or the defendant. This means that if you hurt someone and are legally determined to be at fault, you are responsible for any harm you cause, even if that person was excessively fragile or vulnerable. This is also called the “eggshell skull” rule, and the only exception is when the harm would have happened anyway, even without any actions by the defendant.

Back to our hypothetical. Regardless of pre-existing back issues, the at-fault driver must still compensate the plaintiff for all medical bills, surgeries, pain and suffering, missed work, etc.- in short, any damages that occurred after the accident. The most important thing to do if you have sustained injuries is to retain a personal injury attorney immediately.

If You are in an Accident and are Injured

Call your insurance company
Keep careful records of all doctors’ visits
Organize copies of all medical bills, regardless of whether reimbursed by insurance
Write out careful notes describing the accident, since memories fade as time passes
Contact an experienced personal injury attorney as soon as possible

Rely on the Expertise of Your Personal Injury Attorney

When you hire the right personal injury attorney, they will skillfully guide you through the process of making your claim against the other driver. Manfred Sternberg and the attorneys at Manfred Law have substantial experience successfully getting drivers in the Lone Star State the compensation for their injuries that they deserve. Please call (713) 547-5460 to schedule an appointment, or click here to contact us.

Car Crash With an Out-of-State Resident: How it Works

Wed, 01 Jun 2022 14:26:02 GMT

Car Crash With an Out-of-State Resident: How it Works

The pandemic certainly has sent a lot more people traveling around this country, and lots of out-of-state plates will inevitably lead to more accidents with local drivers, since visitors may be unfamiliar with roads and driving conditions.

It is important to realize that no matter what state they’re from, if you’re in an accident with an out-of-state driver, the process for assessing and allocating liability is basically the same as if the other driver is from your home state. The difference is that the location of the accident will probably determine which court has jurisdiction; even so, most car crashes are settled between the insurance companies and never end up in court.

When An Accident Occurs

Pull over safely
Call the police, immediately seek medical attention if you have any injuries, and file an accident report
Request a copy of their license and insurance information, and reciprocally give your information to them
Take pictures if possible
Call your insurance company and give them the out-of-state driver’s information, and a clear statement of what happened. Make organized notes of everything you can remember about the accident, since this will become important later on.

They are Subject to Your State’s Jurisdiction

Rest assured that the driver’s insurance usually covers them wherever they are driving, as does yours, although this is something you should confirm with your insurance company. Should a lawsuit arise, it will probably be in a court in your state, since the other driver became subject to your state’s laws when they crossed the border. Sometimes, a lawsuit can be filed in federal court if the amount being sued for, stemming from injuries and damages, exceeds $75,000 or if there are questions of federal law involved in the accident.

Contact a Personal Injury Lawyer

If you or a loved one has been injured in an accident with an out-of-state driver, immediately contact an attorney who specializes in personal injury. Getting you the support and compensation you deserve requires an attorney with skill and experience. Manfred Sternberg and the attorneys at Manfred Law have many years of successfully representing Texas residents in car accidents. We will help you handle all of the insurance and medical expenses that arise in these situations. Please call (713) 547-5460 , or click here to contact us.

Starting a Business in Texas? You’ll Need These 7 Legal Requirements

Tue, 24 May 2022 17:52:00 GMT

Starting a Business in Texas? You’ll Need These 7 Legal Requirements

Starting your own business can bring about exciting prospects for financial independence and stability, but it can also present unique challenges. If you’ve done your research and you’re contemplating starting a business in Texas, you’ll need to fulfill certain legal requirements before you can begin operations.

The following Texas business checklist includes everything you need to ensure your startup is compliant with the law.

1. Business Structure

Before starting a business in Texas, you’ll need to choose a legal structure.

There are different forms of business. These include sole proprietorships, partnerships, limited liability partnerships (LLPs), corporations, S corporations, and limited liability companies (LLCs). Pick a structure that’s suited to your business needs.

For further details on the different forms of businesses, see Selecting a Business Structure .

2. Business Name

Once you’ve decided on the legal structure of your company, you’ll need to file your business name. Your business name is what people use to identify your organization. Consider registering it as a trademark to enjoy its exclusive use.

3. Business Tax Obligations

Every business has to pay taxes. It’s from these taxes that federal, state and local governments raise the revenue needed to run their operations and projects. As a business owner, you’ll be required to get an Employer Identification Number (EIN) for tax purposes. If you’ll be selling taxable goods, you’ll need to obtain a sales tax permit. For more information on your tax responsibilities, see Employer and Tax Information .

4. General Business Licenses

In Texas, you don’t need a general business license to start a company. But the licenses and permits you’ll need depend on the specific type of business you’re starting. See Apply for Licenses and Permits for guidance on federal and state licenses and permits.

5. Local Licenses and Permits

In Texas, many business licenses and permits are issued by local councils. Some of the common types of licenses and permits that you may need include health permits, zoning permits, occupational permits, building permits, signage permits, and tax permits. Consult your local council to find out which licenses and permits you’ll need for your business.

6. Business Employer Responsibilities Towards Employees

In Texas and other states, companies have responsibilities towards their employees. The federal government and individual state governments act as custodians of employee benefits. To determine federal and state laws on employer responsibilities towards their personnel, check the information for businesses and employers in Texas .

7. Business Insurance

Every business faces uncertainties and risks on a couple of levels. In Texas, businesses are required to have certain types of insurance. One type of insurance required for businesses with employees is a workers’ compensation insurance policy.Explore the Texas Department of Insurance’s insurance column for an overview of insurance requirements for businesses.

Need to Talk to a Lawyer before Starting a Business in Texas?

As you embark on the process of starting a business in Texas, keep in mind that the circumstances that may influence you to set up shop in the Lone Star state may change over time. Although there are no guarantees that the status quo will remain forever, you should set your mind at ease knowing that small businesses in Texas enjoy a predictable regulatory environment and a business-friendly climate. For more legal guidance on opening a business in Texas, contact the lawyers at Manfred Sternberg and Associates. Schedule a meeting to find out how we can assist you. Your first consultation is free, so what are you waiting for?

What You Should Know About Enforcing Judgments in Another State: The Uniform Enforcement of Foreign Judgments Act

Sun, 22 May 2022 14:24:53 GMT

What You Should Know About Enforcing Judgments in Another State: The Uniform Enforcement of Foreign Judgments Act

You’ve gone to court, and the judge or jury ruled in your favor and awarded you money. But the defendant, who lives in another state and holds their assets there, refuses to comply with the order and pay up. What next? How do you get your money?

What Does Full Faith and Credit Mean?

Fortunately, under Article IV, section 1 of the U.S. Constitution, a court ruling or judgment in one state is entitled to “full faith and credit” in every other state in the U.S.:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.

This means that a judgment awarded in Louisiana, for example, is enforceable in every other state.

What is The Uniform Enforcement of Foreign Judgments Act?

Each UEFJA sets forth procedures for your attorney to take a judgment from a federal or state court in another state and enforce it in Texas or Louisiana. This is referred to as “domesticating” a judgment. Your attorney can also use this process to domesticate a judgment you received in a Texas or Louisiana court in another state. California and Vermont are the only states that haven’t passed a version of the UEFJA.

Should I Hire an Attorney

Yes! If you’ve obtained a judgment that you need to enforce in Texas, Louisiana, or another state, you don’t have to try to figure out court rules and procedures on your own. Max Sternberg and the skilled attorneys at Egenberg Trial Lawyers are well-versed in enforcing judgments across the U.S. for all of their clients. Contact us online or give us a call at (713) 547-5460 .

What You Should Know About Enforcing Judgments in Another State: The Uniform Enforcement of Foreign Judgments Act

Tue, 17 May 2022 16:41:00 GMT

What You Should Know About Enforcing Judgments in Another State: The Uniform Enforcement of Foreign Judgments Act

What is 'Full Faith and Credit?'

Fortunately, under Article IV, section 1 of the U.S. Constitution, a court ruling or judgment in one state is entitled to “full faith and credit” in every other state in the U.S.: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof. This means that a judgment awarded in Maine, for example, is enforceable in every other state. Please note, however, that remedies available to judgment creditors in the state of judgment are not always available in Texas.

What is The Uniform Enforcement of Foreign Judgments Act?

To make the collection of judgments in other states easier, Louisiana and Texas have both passed a form of uniform law similar to those in most states in the U.S. The Uniform Enforcement of Foreign Judgments Act (UEFJA) simplifies collection procedures across state lines. The Texas UEFJA governs the domestication of foreign judgments in Texas, while the Louisiana UEFJA does the same in Louisiana. Each UEFJA sets forth procedures for your attorney to take a judgment from a federal or state court in another state and enforce it in Texas or Louisiana. This is referred to as “domesticating” a judgment. Your attorney can also use this process to domesticate a judgment you received in a Texas or Louisiana court in another state. California and Vermont are the only states that haven’t passed a version of the UEFJA.

Should I Hire an Attorney?

Yes! If you’ve have a judgment that you need to enforce in Texas, Louisiana, or another state, figuring out court rules and procedures on your own is risky and ill-advised, to say the least. Manfred Sternberg & Associates is well versed in domestication across the U.S. (Federal/ Texas/ Louisiana) and enforcement at the State level in Texas and Louisiana. Contact us online or give us a call at (713) 547-5460 .

Electric Car Accidents Versus Gas-Powered Car Crashes

Sun, 15 May 2022 14:21:52 GMT

Electric Car Accidents Versus Gas-Powered Car Crashes

The potential distractions for even the most focused drivers seem to be increasing by the day, from smartphones to video systems, never-ending road construction, and other drivers facing the same challenges themselves. According to the National Safety Council , 2016 saw nearly 40,000 crashes across the U.S., many of them resulting from distracted driving. Texas mirrors the national trend, with accidents on the rise. In 2021, there were nearly 4,500 road fatalities , an increase over previous years.

The variety of vehicles drivers encounter on our busy roads is increasing as well. There are now over 52,000 electric vehicles registered in Texas, in addition to hybrid and gas-powered cars and trucks. (Nationwide, there are more than 5.4 million hybrid vehicles on the roads now.) If you’ve been in an accident involving an electric or hybrid car, it can be important to understand how they differ from traditional, gas-powered vehicles.

Are Crashes With Electric Cars Different From Gas-Powered Cars?

While EVs may be better for the environment in many ways, electric and hybrid cars tend to be heavier than similarly sized gas-powered cars. If you’re in a heavier car, you tend to fare better in an accident as your car pushes the other vehicle out of the way and subjects you to gentler deceleration forces. The occupants of the lighter car, on the other hand, are likely to be worse off than they would be if they’d collided with a car of the same weight.

Another factor that concerns many is the possibility of a catastrophic fire where EV crashes are concerned. While spectacular EV vehicle fires have captured much attention in the media, Forbes says it’s still too early to determine if the concern is overblown.

In addition, a 2020 study from the Highway Loss Data Institute found that electric vehicles had 20% fewer insurance claims than gas-powered vehicles. However, their claims tend to be of higher value. Researchers speculate that electric vehicles have better weight distribution, lower centers of gravity, and regenerative braking systems, all of which can lead to better crash outcomes than gas-powered vehicles.

Self-driving electric cars, which are increasingly popular across the country, could change this picture, according to research from the Insurance Institute for Highway Safety.

Should I Hire a Personal Injury Attorney?

Yes! If you or a loved one have been involved in an electric car crash in Texas, the consequences could be just as financially and emotionally devastating. You don’t have to deal with insurance companies and medical bills alone. We can help. Manfred Sternberg and the skilled attorneys at Manfred Law are well versed in handling Texas personal injury matters. Contact us online or call us in Houston at (713) 547-5460 to schedule your consultation.

The Physics of 18-Wheeler Accidents

Sun, 01 May 2022 17:15:08 GMT

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Over 3000 people die in roadway crashes in Texas every year. Almost ten percent of fatal crashes in the state involve large trucks. If you or someone you love has been involved in an accident with an 18-wheeler, you know the injuries can be physically and financially devastating.

Accidents Involving 18-Wheeler Trucks

While any vehicle crash can be deadly, the sheer size of an 18-wheeler can make those accidents particularly dangerous. When two similarly sized cars going about the same speed crash into each other, the G-forces in each vehicle will be about the same. When a car and a large semi collide, the mass of such a big truck increases the G-force of the car, resulting in a greater initial impact. The truck’s greater weight will also reduce its braking speed, increasing its impact upon collision.

Injuries Caused by 18-Wheeler Accidents

High G-forces and the severity of the initial impact can result in far more extensive and more serious injuries when a car and an 18-wheeler collide. Some of the most common injuries involve:

Neck and back injuries
Traumatic brain injuries
Spinal cord injuries
Seatbelt injuries
Broken bones
Head and torso injuries
Paralysis
Death

Commercial Driver Standards

Drivers of semi-trucks hold commercial driver’s licenses. These professional drivers are held to much higher standards in Texas and across the country than people licensed only for regular automobiles are. They face strict federal and state regulations that govern:

The number of hours they can drive in one stretch
Drug and alcohol use while driving
Cell phone use while driving

As a result, crashes involving 18-wheelers can be complex, requiring the skill of a lawyer well-versed in the federal and state rules governing commercial drivers. If you’re involved in a crash, you need a representative who understands accident reconstruction and the ins and outs of negotiating with insurance companies.

Hire a Skilled Personal Injury Attorney

If you or a loved one has been in an accident with an 18-wheeler, the results can be devastating. But you don’t have to handle the fallout of this accident, or deal with the insurance companies, alone. At Manfred Law , Manfred Sternberg and our skilled team of attorneys have been helping people in Texas recover compensation for their injuries for years. Find out how they can help you too. Contact us online or call us in Houston at (713) 547-5460 .

What happens to my personal injury case if I die?

Thu, 28 Apr 2022 21:36:00 GMT

What happens to my personal injury case if I die?

We all like to know that every contingency is considered and planned for. This way, if anything were to happen to us, the right outcomes would be achieved for our family and loved ones. With this in mind, how does this apply to personal injury claims? What happens to these cases if the claimant tragically dies?

Let's take a look at the protocols and procedures associated with continuing or managing a personal injury claim even after the claimant has passed away.

Related and unrelated death

As a personal injury claim generally relates to physical harm or injury against an individual, the possibility of an eventual fatality is something we unfortunately need to bear in mind. This eventual fatality can be categorized in two different ways.
1. A fatality linked directly or indirectly to the original incident or claim — for example, injuries sustained following a traffic accident that gradually become worse over time and eventually result in death. Alternatively, this may relate to a disease such as pneumonia that occurred because of the initial incident and that eventually proves fatal.
2. A fatality that is unrelated to the original incident or claim — any cause of death not linked to the initial incident, such as illness or injury that arises from unrelated causes, or death from natural causes
Your attorney will help you through this tragic process.

Contact Us

At Manfred Sternberg and Associates , we are able to assist you. Contact us to discuss your issues.

Enforcing Out-Of-State Judgments: What You Need To Know

Sun, 06 Feb 2022 23:13:00 GMT

Enforcing Out-Of-State Judgments: What You Need to Know

Without a doubt, securing a judgment is hard enough. Collecting on it is another matter entirely. Among the issues can be judgments entered by courts outside of Texas.

Wondering how that works? Learn the basics of enforcing out-of-state judgments. Let’s start with some basic terminology. Judgments entered outside Texas are known as foreign judgments. The word “foreign” seems to imply the judgment was entered outside of the country. However, a judgment entered in any state other than Texas is also considered a foreign judgment.

In the meantime, a foreign judgment against a Texas business or resident requires domestication in order to get it enforced. Fortunately, the Uniform Enforcement of Foreign Judgments Act provides a procedure to help in collection efforts.

Domestication of Judgment

The first step in enforcing an out-of-state judgment is domesticating it. In simple terms, this essentially means turning it into a Texas judgment. This is best done with the assistance of an experienced collections attorney .

You may wonder about the reason for pursuing domestication of an out-of-state judgment. As a result of doing so, this allows the judgment holder to pursue all remedies under Texas law. Unless the judgment is domesticated, it cannot be recorded in Texas. Additionally, collection efforts will be thwarted as far as requests for writs of attachment, etc.

As with all legal proceedings, time is an important consideration. Consideration for domestication of a foreign judgment must be done within ten years of the entering of the out-of-state judgment. Your attorney will also need information concerning the date that the debtor either started business in Texas or became a resident.

The Texas Code provides procedural guidelines for domestication of foreign judgments. This includes the filing of affidavits, fees, and notification to the judgment debtor.
Once the judgment has been domesticated, it can be enforced as though it was a judgment initially obtained in the Texas courts.

Enforcing Out of State Judgments

No doubt there is frustration in attempting to enforce any judgment. The fact that the judgment is now considered an enforceable Texas judgment can make the process simpler.

However, it is important to note the requirement that the judgment is termed final.
To enforce what is now considered a Texas judgment, the following steps should be made:

Abstract of the Judgment – Needs to be filed with the county clerk
Obtain Writ of Execution – Allows you to seize non-exempt property
Obtain Writ of Garnishment – Includes garnishment of bank or investment accounts

Your attorney will help you through the process, which is made easier if your judgment is against a Texas resident or business.

Contact Us

At Manfred Sternberg and Associates , we are able to assist you with domestication and collection of judgments. Contact us to discuss your issues.

What Happens to Excess Funds After a Tax Foreclosure Sale?

Fri, 13 Dec 2019 00:10:00 GMT

What Happens to Excess Funds After a Tax Foreclosure Sale?

Do you pay your property taxes on time, every time?

If you don’t, then the Texas Tax Code (Section 34) allows taxing entities (county, city, school, etc.) to sell the property to regain your unpaid tax. But it’s unlikely that the tax you owe is equivalent to the amount investors will pay at auction.

What happens to the extra money from the sale?

The tax foreclosure excess funds remain with the agency that sold your property. To get them back, you must petition the agency in court.
Here’s what you need to know about accessing excess funds from your tax foreclosure sale.

Let’s say you owe $16,000 in property taxes to the county. You can’t pay, so the county sells your property in its annual tax sale. When the county sells the property, it only needs to generate the $16,000 in due tax. Anything on top of that is of no real concern for the county. That means if your house is worth $150,000, the county can sell it for $20,000 if that’s the top offer they get. Why don’t they make an effort of turning a profit? First, it’s not their role – and investors who use these auctions go for cheap properties. Second, the extra funds (or surplus/ overages) belong to the last owner of the property before sale, which is you.

Claim Any Excess Funds Within Two Years of a Tax Foreclosure

The tricky part of the notice is that you only have two years to respond and initiate the claim in court.

If you don’t respond, the county (or tax authority) keeps your excess permanently (unless you get a court order).

Why is this a problem? Because many people don’t realize they can claim back the excess, and by the time they understand what happened, the clock has run out.

Even once you initiate your claim, it can take years for the process to play out, unless you hire a lawyer to represent you.

Do You Have a Right to Excess Funds?

If the county sold your house to recover back taxes and the sale generated excess funds over $25, then you have two years to claim the money.

"In this economy," . . . hiring an experienced attorney is simply invaluable when rebuilding in the aftermath of foreclosure.

Unanticipated legal issues require careful handling by a team of experts. Get in touch today through our online submission form to see whether Manfred Sternberg and Associates can help you and your family avoid further losses at this critical moment.

What to Expect When You Hire a Surplus Funds Recovery Lawyer

Mon, 25 Nov 2019 00:01:00 GMT

What to Expect When You Hire a Surplus Funds Recovery Lawyer

Have you fallen behind on your mortgage payments? Is foreclosure imminent?

If so, then you’ve already got enough pressure and stress in your life. You don’t need the hassle of ensuring you’re provided with the surplus funds you’re entitled to. At this point, you have a number of choices ahead of you. Sometimes, the right answer is to seek to avoid foreclosure entirely. However, note that Texas law may be able to offer a glimmer of hope for those who are facing such woes.

What are surplus funds, and how can a lawyer help? Find out all the answers below.

What Are Surplus Funds? Am I Entitled to Them?

In foreclosure situations, your home often gets auctioned off to the highest bidder. Sometimes, the house gets sold for more money than the liens against it. This extra money’s called foreclosure surplus funds.

So, are you (the homeowner) entitled to these surplus funds? Here’s how to know — did your property sell for more than what you owed to lenders?
If the answer is yes, then it’s important to figure out if you’re entitled.

The number one reason people don’t get these funds is because they aren’t aware those funds could become theirs after taking the right steps. You can recover these funds, but you may need an attorney’s help. Learn more about the process below.

Do You Need Legal Representation?

The Mortgage Bankers Association reports one out of 200 homes gets foreclosed upon. While your situation isn’t ideal, you’re not alone.

Thousands of families go through the foreclosure process, but there’s help available. So, what are surplus fund attorneys, and how can they help? Here are a few advantages of hiring an attorney:

They’ll help you fill out and file the proper paperwork
They’ll ensure you take action before your claim expires
They’ll help monitor your home’s auction

Hiring a lawyer for this process isn’t required. You can research how to claim foreclosure overages on your own. But, having an attorney on your side is a huge advantage.

What to Expect From Your Lawyer

So, how exactly does this work?

After submitting any and all documents concerning the property's ownership history or the foreclosure to an attorney for review, the attorney will determine if you are a viable candidate to recover proceeds and identify whether there are any looming issues. Once legal engagement with an attorney has been formalized, you and your attorney will discuss your circumstances. You’ll learn what you might be able to reasonably expect for the unique circumstances of your case/ claim. Always keep in mind, however, that surprises and delays can (and do) appear.

After foreclosure, the home goes to auction. Most auctions take place online, and the transactions are fast. You’ll get notified about any excess proceeds, but the mail will go to your old address—meaning that most folks don't ever get this notice.

To ensure this doesn’t happen, leave a forwarding address so you’ll get notified. This important notification should include information on how to access your funds.

If you didn’t receive notice, then an attorney can research what happened after engagement with that attorney has been formalized. An attorney in this field should be ready to help in determining whether surplus funds exist and how to access them.

Next, you’ll need your attorney to file a petition for the excess proceeds in court or to submit a claim to the mortgage foreclosure Trustee. You have a limited time frame to file or you’ll lose the funds by default (in the tax context).

Finding the Right Surplus Funds Lawyer For You

Now that you know what you’re entitled to and what to expect, you can pursue your rightful funds. The process won’t be easy, but it’ll be worth it.
Are you currently wondering how to navigate the surplus funds procedure? Are you looking for legal representation in Houston? If so, then reach out to Manfred Sterberg and Associates on our online form now.

Texas Foreclosure Surplus Funds: An Intro to Excess Proceeds Rules in Texas

Mon, 04 Nov 2019 23:05:00 GMT

Texas Foreclosure Surplus Funds: An Intro to Excess Proceeds Rules in Texas

If you’re one of the thousands of Texas residents struggling after a tax-related foreclosure, there may be some good news for you.

A little-known law entitles you to the foreclosure surplus funds that the county generated after the sale of your home.
However, if you don’t act fairly quickly, you could end up missing out on tens of thousands of dollars that are rightfully yours.
Keep reading to learn more about this Texas law and how you can claim your tax sale overages.

What are Foreclosure Surplus Funds?

If, for whatever reason, you stop paying taxes on your home, the county will eventually step in and foreclose on your home. To recover the taxes they lost, they will then put your home up for auction.

Often, a home will sell for more than the amount needed to cover the unpaid taxes. In the state of Texas, the previous owner of the home is entitled to the extra money collected at the sale.

However, this money has to be claimed within two years of the sale of the home in a tax foreclosure context, and three years (generally) in the mortgage foreclosure context. Otherwise, at least in the tax context, the county may be able to keep the equity.

Since the county is only legally obligated to send out one notification of the availability of these funds, many of them go unclaimed. Often, this letter is sent to the foreclosed home address and the rightful owner never receives it.

How to Claim Excess Tax Funds

Let’s jump into the three necessary steps you need to take to claim these excess tax funds that are owed to you after the county has sold your foreclosed home.

1. Gather the Required Documents There are a number of documents that you’ll need to gather and submit along with your claim form. The required documents can vary as much as there are counties in Texas, depending, among other things, on the facts of the case or claim, your personal and familial history, and any concerns of the Trustee or Court. Engaging an experienced lawyer is the best way to ensure you get everything you need.

Generally, here are some of the documents you could expect to gather in order to file any excess tax claim:

A current copy of the deed
A copy of the deed when you owned the home
Any lien documents
Marital history records (i.e., divorce, or annulment)
A copy of valid, government-issued photo ID

Keep in mind that every single case is unique, and you will likely need additional documents to prove ownership (regardless of what may or may not appear in the public records). This is another reason we recommend hiring a lawyer who can ensure that everything is submitted properly the first time.

2. Complete any Trustee-Provided Claim Forms: Once you have all of your documents gathered, you can fill out the claim form. Most of the information you’ll need should be on the deeds. Once you complete the form, you will need to use a notary public to sign it.

The seal and signature of the notary public will also have to be included with the rest of the documents.

3. Submit Your Claim Now all that’s left is to submit your claim along with all the required documents to the county. The Tax Officer will review everything and send you what they owe you as long as everything is in order.

Ready to Claim Your Money?

Now you know what foreclosure surplus funds are and how you can claim yours if they’re owed to you. Although there are a few steps to getting your money, you could get thousands of dollars or more, so it’s certainly worth the effort.

If you want to get as much money as possible for as little work as possible, contact us today . We would be more than happy to investigate your case and determine if we are the right match to assist you to claim your excess proceeds.

Texas Rental Laws: When Should Your Landlord Return Your Deposit?

Wed, 02 Oct 2019 22:53:00 GMT

Texas Rental Laws: When Should Your Landlord Return Your Deposit?

You are moving to a new place, and you need all the money you have to buy new furnishings, hook up the cable, and buy food for the house-warming party. You kept your old place in great condition, so you can expect to get your security deposit back right away to pay for all of your moving expenses. What could go wrong?
Unfortunately, many tenants experience trouble when they attempt to get prompt repayment of their security deposit from their landlords.
Check out Texas rental laws to see what your rights are, and under what circumstances you deserve that money.

1. 30 Days to Refund

Under Texas law, a landlord must refund your security deposit within 30 days of the date you moved out.
If they will withhold some or all of the deposit, they must tell you what they are charging you for and where they claim you did not meet your side of the agreement (to return the apartment in the condition in which you rented it).
If you have not received your security deposit back one month after moving, you may have a claim against the landlord.

2. Itemized Deductions

Often a house will incur some wear and tear after a few months or years of living in it. If your landlord refuses to return your deposit, he or she must itemize the reasons why. He must outline how you have damaged the home or failed to keep it in a livable condition.
The landlord must provide estimates on what it will cost him to bring the residence back to a habitable condition. If it is not adequately cleaned, or fixtures and appliances are broken, he can deduct the costs of cleaning and repair from your security deposit.
If there is a dispute about whether the cleaning and damages are covered by your lease or not, you may wait a lot longer than 30 days to see all, part or any of your deposit.

3. Unpaid Rent?

If you have moved out of the house in question and it is still in pristine condition, your landlord may still try to withhold repayment of your deposit. You may think you have an open-and-shut case against him!
Think again: have you left the landlord with any unpaid cable or utility bills? Did you forget to pay the rent one month, or remit a payment that was too low?
If you owe the landlord money, he or she may be justified in withholding your deposit. Failing to pay rent may mean you breached your lease. You may lose the right to claim your deposit if you have not followed the terms of your rental contract to the letter.

4. Bad Faith

Texas law provides that a landlord who retains a security deposit in bad faith is liable to the tenant for $100, plus three times the portion of the security deposit that was wrongly withheld and reasonable attorneys’ fees. Bad faith is when a landlord intentionally holds on to your money without a legally justifiable claim.
If your landlord fails to pay you back or give you an accounting of why he is withholding, the court will presume he is acting in bad faith. That means he would have to rebut that presumption in court.
Manfred Sternberg is board-certified by the Texas Board of Legal Specialization in consumer and commercial law. He is involved in public policy from the consumer standpoint and was the chairman for the Texas Health Services Authority, appointed by Texas Governor Rick Perry. Manfred has more than 30 years of experience practicing law and running businesses.

Texas Rental Laws: Know Your Rights

Before you sign any lease, read the fine print. Acquaint yourself with Texas rental laws as well, so you know when you have a claim against your landlord and when you may have relinquished your claim.
If you think you are being unjustly denied your money, talk to a Texas attorney with experience in landlord tenant law. Contact us for more information.

What to Do If Your Landlord Won't Return Security Deposit

Wed, 11 Sep 2019 23:16:00 GMT

What to Do If Your Landlord Won't Return Security Deposit

Do This If Your Landlord Won’t Return Security Deposit for Normal Wear and Tear!

You’re on the move. You have a new place, cleaned the old one, and now all you need is to wait for your security deposit check to arrive at your new address.
Thirty days pass – the legal timeframe for returning deposits – and nothing.
Then, you find out your landlord won’t return your security deposit.
Tenants across Texas need to know this: your landlord can’t keep your deposit without a legal reason. It’s the law.
Here’s what you need to do if your landlord is withholding your security deposit past the state deadline.

Start with an Investigation

Texas law says landlords must return your security deposit within 30 days minus the cost of repairs.
Ideally, you walked through the check-out process with your landlord, and they pointed out the problems – if any – to you. If not, you’re not out of luck.
If repairs are needed, then you need to know about it. If that’s their excuse for holding on to your money, ask for an itemized list and invoices as proof of service.
While they can charge for needed repairs, a landlord can’t use the deposit to pay for ordinary wear and tear.
From here, you’ll need to use your notes and checklists from move-in and the documents from your move-out day. If you broke the stove, stained the floor, or lost a light fixture, then you may need to pay. However, if the unit looks the same – if not better – then when you moved in, your notes should prevent them from making their case.
If they won’t engage or continue to withhold your deposit, you’ll move to the second phase: a lawsuit.

Landlord Won’t Return Security Deposit? Sue Them

A landlord can't charge you for wear and tear. If your landlord won't return your deposit or insists on charging you part of the deposit and won't relent, you may need to sue.
Small claims court in Texas is known as the Justice Courts. They work quickly and cost little – usually less than $50. You might even get a deferral if you are on a low income.
To get started, you need to ask for the return of the deposit in writing. Your letter needs to contain the facts (move-in/out conditions), your legal rights under Texas law, your terms (when you want the check) and your intent to sue.
Providing this letter before you sue will build your case and, if they don’t respond, you may be able to ask for damage. However, civil actions can’t amount to more than $10,000.
If they don’t respond, then it’s time to sue.

Don’t Give Up on Your Deposit

If your landlord won’t return your security deposit or wants to charge you for wear and tear – don’t give up.
The law says they must return it within 30 days of your departure. And they can’t decline to do so without reason.
Ideally, you have plenty of evidence and a paper trail to back you up. Even if you don’t, you may still be able to sue.
Tenants in Texas have rights. If you are battling a lawless landlord, get in touch to learn more about how you can get your money back.

Getting Your Deposit Back: Know Your Security Deposit Refund Rights

Mon, 15 Jul 2019 22:39:00 GMT

Getting Your Deposit Back: Know Your Security Deposit Refund Rights

Nothing in life is guaranteed. When you decide to create revenue by renting out a property you do so knowing there are risks. To curtail risks you install precautions like developing a rental agreement and requesting a security deposit.
According to Forbes , a rental agreement or lease “gives the tenant the right to live in a dwelling for a fixed time period — usually 12 months, but it could be any length of time ranging from three months to 24-plus months.” This agreement protects the landlord and tenant in case a situation arises.
The security deposit , according to thebalancesmb.com, is “a sum of money that you collect from a tenant in addition to their first month’s rent. It is a one-time fee that is refundable.” The security deposit gets used by the landlord in case of any damages caused to the property by the tenant. Although you may request a security deposit receipt it’s not required in some states like Texas.
But what happens if your landlord isn’t willing to a security deposit refund? Continue reading to learn your rights for getting back your security deposit back in Texas.

Should You Get a Security Deposit Refund

When a tenant gives the landlord a security deposit it’s given with the hope it’ll get returned once you vacate the rental property. Yet there are times when a tenant did not read their lease carefully and missed something important about the security deposit refund.
Small print details may include nonrefundable fees like redecorating costs. The same is true for landlords who neglected to discuss what behavior isn’t tolerated from tenants.
In Texas, the law states a security deposit gets refunded within 30 days after a tenant leaves the rental property. An itemized list and description of repairs taken from the security deposit should go with the balance returned to the tenant, according to thebalancesmb.com.
But if the lease requires a tenant to provide written notice of moving out and the tenant doesn’t comply, the landlord need not refund the security deposit, according to nolo.com.

What Can You Do To Ensure You Get a Security Deposit Refund?

When searching for a rental property to lease you should make sure you review your rental agreement thoroughly. Ask for time to review it before signing.
This will help you to discuss any confusing fine print. It also allows you to learn information on your security deposit.
The information about your security deposit should be clearly stated in the lease. If it is not mentioned you should not sign it and ask for its inclusion in your lease.
Be sure to follow the rules of your lease so that when it comes time to vacate your rental you won’t have to worry about the landlord trying to keep your deposit.
If you have already moved out and your landlord refused to refund your security deposit, within 30 days, ask for his or her reasons. Have him or her show you in the lease where the issue is mentioned. If the security deposit covered costs towards damages ask for an itemized list of the costs and repairs.
But if the landlord won’t produce an itemized list, you paid all your rental fees and can’t give a legitimate reason for withholding your security deposit, it may be time to seek legal representation.
Selecting an attorney with experience in collections and consumer protection puts you a step closer to recovering your security deposit. But all cases are different and suing your landlord does not guarantee you’ll receive your deposit refund. Yet with the help of a dedicated and skilled attorney your chances increase.

Take the First Step Now

Now that you’re better informed on your rights to recovering your security deposit refund it’s time to make your move. Whether the property at issue is residential or commercial, engaging Manfred Sternberg & Associates ensures that you get the support of decades of experience.

Radio Appearances

Sat, 19 Jan 2019 22:52:00 GMT

Radio Appearances

Harvey. However, during the storms and after, many residents and non-residents sustained damages that is not entirely their fault. As the state rebounds and recovers, there are opportunities to recoup damages and receive benefits that may require a lawyer to be involved.
Houston-based Attorney Manfred Sternberg went on the nationally syndicated radio show “The Price of Business” to discuss considerations that those affected should consider; especially, as deadlines approach to make claims and planning for restoration.
“I tell my clients often, that I know they don’t really want to see us, but when they do need to see us they are glad that we are there,” said Manfred, “It seems unfair to many that some were not affected by the storm and others faired so much worse to include loss of life. Unfortunately, bad things do happen to good people.”
“What should people be thinking about in situations like this?” asked Kevin Price, Host of The Price of Business.
“People should be thinking about mitigating their losses in times like this,” said Mr. Sternberg “Unfortunately, you just can’t buy insurance after-the-fact of a disaster. You will look at your policies and involve your agent and then look at those things that fall outside of your insurance.”
“The Price of Business is delighted to offer timely information by our team of experts to provide clarity in times like this,” said Kevin Price.
The radio discussion also covered Inverse Condemnation and the Corps of Engineers decision “right or wrong” to release water into neighborhoods. The complete interview can be heard using the player below for more insight.

Business Development and Growth Expert Discusses Consumables Market

Barry Cocheu, Founder & CEO of BarryCocheuPro.com , is based in Houston with a focus on national and international direct sales business and accelerated growth. Mr. Cocheu recorded a video and audio segment for “The Price of Business” radio show featuring guest host Business Lawyer Manfred Sternberg of Manfred Sternberg and Associates. Manfred makes monthly appearances on the longest running business radio show in Houston that now airs in 15 markets and on-line at www.PriceOfBusiness.com . The platform features next generation business leaders and breaking commercial endeavors.
“I have been fortunate in my career to identify early stage opportunities that have enabled me to trade a fee for service lifestyle with a continuing revenue stream and helping others to do what I have done,” says Mr. Cocheu, “People want to know they are helping others and being rewarded for doing so. When you can identify products that help people live better, with proven results and testimonials, it’s a win-win-win recipe for success.” “I wanted to have Barry on the show because of his amazing success and influence with sales leaders,” says Manfred, “Barry is highly regarded for his major successes with a variety of household brands and it is very important to have a strong sales function in business that caters towards the needs of customers.”

Athlete Advantage Leads Charity Giving to Extreme Sports Athletes

Donnie Ozenne, Founder & CEO of Athlete Advantage , which is a certified 501(c)3 organization in Houston, went into the studio on “The Price of Business” radio show featuring host Bill Knapik of Stewart Title and Co-host Business Lawyer Manfred Sternberg of Manfred Sternberg and Associates. Manfred makes monthly appearances on the longest running business radio show which airs on KTEK 1110AM, M-F from 7am to 8am in Houston and on-line at http://www.PriceOfBusiness.com . The platform features next generation business leaders and breaking commercial endeavors.
“After I witnessed an unfortunate accident at the X-Games in Austin, Texas where an athlete was injured and could not afford the care to help himself and his family; I wanted to do something to help out these courageous athletes and their families,” says Mr. Ozenne “This year we launched AthleteAdvantage.org, which is a support centered organization that raises funds through corporate sponsorships, athlete sponsorship programs, fundraising events, donations and memberships.”
“I wanted to have Donnie on the show because of his passion for athletes and their families,” says Manfred, “He has created a truly unique platform and marketplace solution for those risking everything to push the limits of human and some may say super-human capabilities.”

Assistant Dean Alexander Sleptsov goes on-air with Manfred Sternberg on Business Talk 1110AM

Dr. Alexander “Alex” Sleptsov, Assistant Dean, Tulane University A.B. Freeman School of Business MBA Program in Houston, went into the studio of “The Price of Business” radio show featuring host William Edmundson ( www.EdmundsonHospitality.com ) and Co-host Business Lawyer Manfred Sternberg of Manfred Sternberg and Associates. Manfred’s monthly appearance on the longest running business radio show which airs on KTEK 1110AM, M-F from 7am to 8am in Houston and on-line at www.PriceOfBusiness.com . The platform features next generation business leaders and breaking commercial endeavors.
“I am a Tulane Graduate and am very interested in the Tulane School of Business” said Mr. Sternberg, “We wanted to talk to the leadership of the A. B. Freeman Executive Education Program in order to develop more opportunities for professionals and business in our city, nation and globally.”
“A Tulane MBA is a ticket to the ‘C-suite’ and establishes our accomplished executives as leaders of the future in business which can be accomplished on the weekends,” says Dr. Sleptsov, “Our students come from a variety of countries, backgrounds and interests range from Federal Judges, Engineers, Corporate Managers, Finance, Law, and Marketing. Our advanced business degrees are recognized internationally.”

Tex Christopher goes on air with Manfred Sternberg on Business Talk 1110AM

Tex Christopher went into the studio of “The Price of Business” radio show featuring host Bill Knapik of Stewart Title and Co- host Manfred Sternberg of Manfred Sternberg and Associates. Manfred’s monthly appearance on the longest running business radio show which airs on KTEK 1110AM, M-F from 7am to 8am in Houston and on-line at www.PriceOfBusiness.com features next generation business leaders and breaking commercial endeavors.
“I heard about Tex’s initiatives to bring productions to Houston and wanted to bring a spotlight to his efforts and his interview shared his vision as a Texas business leader and politician for our state,” said Mr. Sternberg, “So many people have tried to do what his team is doing and it is exciting to learn about the initial TV series and 12 motion pictures in his slate, with a focus on bringing jobs to Texas.”
“We’ve made no secret about what we are doing at Tex Christopher Studios and it is exciting to see politicians, other business leaders and the Houston music and motion picture industry embrace our efforts to first bring jobs and then focus on tax incentives,” says Tex Christopher, “Our company focuses on politics, distribution, budget and finance, and talent.”

Crowdfunding Radio Interview with Manfred Sternberg – Business Lawyer

Kevin Price, Radio Host, interviews Business Lawyer and innovator Manfred Sternberg on his crowdfunding expertise, profiling CrudeFunders.com

KTEK 110AM Radio Interview with Manfred Sternberg, Manfred Law and Alvin Castle of EverybodyInHouston.com

Alvin Castle of EverybodyInHouston.com. This interview aired on KTEK 1110AM in Houston. The interview gives the latest news and updates on crowdfunding.

manfred-sternberg-new

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