Legal Question in Real Estate Law in Texas

owner getting rid of tenant

a contract was set up where a person was to pay out 90 thousand dollars on a piece of propery over a period of time, only 33,ooo was paid, and the person could not pay , on it any longer. the terms of the agreement was that the propery would come back to the person who originally owned the land . my question is this . the lawyers who handled the contract are deceased . they held the concract , the person has lived on the propery several yrs. and has a building, a water well, and two mobile homes . and refuses to move. meanwhile the origional owner has to pay all the taxes because it is still in his name. also origional owner has the deed. origional owner has had other people offer to buy the land and has asked the man if he could sell it and give him his envestment back. the man said no, that he did have long to live, but the man appears to be in better health than the origonal owner, that still pays the taxas and would like to realize the rest of the money of the concract. where now with the lawyer deceased, does he get the origional contract? also if the oriongal owner passed away before the person living on the propery does , and leaves it to his family , what right does the person who 's family holds the deed and has paid


Asked on 7/11/05, 11:56 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

Re: owner getting rid of tenant

This is a mess, but I'll take a stab at it. If the property is still in the name of the original owner, then it is likely that the original owner could evict the tenant for non-payment. I'm only speculating, as I'd have to review the paperwork. As for what to do with the deceased lawyers, I'd contact the State Bar of Texas and ask if anyone has taken over those law offices. Call the old telephone numbers, as they are often purchased by whomever took over the files. Call other attorneys in the area and see if anyone knows who took over the files. Failing that, call the lawyer's surviving heirs (if you know them). If no paperwork is found, and no one has copies, then you may be able to go to court and have a court decide who owns what.

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Answered on 7/12/05, 10:32 am


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