Herrin Law | Blog
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Probate is expensive. The costs and time associated with the Probate process have led to many individuals simply forgoing the process altogether, and, consequently, real property is not properly transferred to an individual’s heirs. However, Texas has introduced the Transfer on Death Deed (hereinafter, “T.O.D.D.”), which allows an individual to easily transfer real property to designated Beneficiaries outside of probate. On September 1, 2015, the Texas legislature passed the Texas Real Property Transfer on Death...

An individual issues a hot check (also known as a “Bad Check,” a “NSF Check,” a “Dishonored Check,” or a “Bounced Check”) when they fraudulently write a check despite having knowledge of the fact that they do not have the funds available to cover the check. For example, an individual who issues a check for $500.00 knowing that their bank account only has $250.00, can be charged with an offense for this action. The issue...

Delinquent on your home mortgage payments? You may be in luck. For borrowers whose loans are owned or guaranteed by Fannie Mae or Freddy Mac, the Federal Housing Finance Agency (or FHFA) will soon offer a Principal Reduction Modification Program to borrowers that meet certain eligibility requirements. The program was implemented with the goal to “maximize assistance for homeowners” and “minimize foreclosures.” (See Emergency Economic Stabilization Act of 2008). The modification will be available to “owner-occupant...

Introduction Under Chapter 13 bankruptcy, individuals with regular income are granted the opportunity to develop a repayment plan in order to satisfy all or part of the debts for which Creditors hold claims. A Chapter 13 repayment plan will allow a Debtor to make installments to Creditors over a period of three to five years to satisfy their debts. Some debts under this plan must be paid in full, while others may be paid only in...

There are many reasons why someone might choose to file for bankruptcy; however, two of the most prevalent reasons are (1) a debtor’s need for relief, and (2) a desire to preserve one’s assets. For some people, the reasons might be as sentimental as they are financial, such as trying to hold on to a home with a mortgage the debtor is struggling to pay. While on the other hand, for businesses, filing for bankruptcy...