Author: Fell Law Firm
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Foreclosure Threats an HOA Violation of Fair Debt Collection Practices Act
Read more: Foreclosure Threats an HOA Violation of Fair Debt Collection Practices ActA Florida homeowners’ association is on the hook for $33,000 in damages after homeowners hired a lawyer to protect themselves from abusive debt collection practices. According to WFTV, the Florida couple were late in paying their annual dues. Their property owner’s association added late fees onto…
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3 Things That Can Hurt Your Chances of Fighting a Disability Insurance Claim
Read more: 3 Things That Can Hurt Your Chances of Fighting a Disability Insurance ClaimFighting a disability insurance claim denial is hard. The system is set up to favor the insurance company, not the injured person. It takes a skilled, knowledgeable, and experienced ERISA lawyer to guide injured workers through the administrative appeal process and a judicial appeal so they can…
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The Challenge of Getting the Disability Insurance Benefits You’ve Been Denied
Read more: The Challenge of Getting the Disability Insurance Benefits You’ve Been DeniedBringing a legal appeal against an insurance company after a disability benefits denial is an uphill battle. The deck is stacked in favor of the insurance industry in many ways. Let’s take a look at those challenges to see what a Texas ERISA lawyer you can do to give you the best possible chance to succeed. …
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Proving Breach of Fiduciary Duty in Court
Read more: Proving Breach of Fiduciary Duty in CourtIf you believe you have suffered damages as a result of the wrongful actions of a fiduciary, you can sue in civil court. In Texas, your options for recovery if a fiduciary is found guilty of a breach of fiduciary duty could include: Direct and indirect financial damages and recovery of lost…
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What is a Fiduciary Duty?
Read more: What is a Fiduciary Duty?In an earlier article, we discussed who is a fiduciary [link to previous post], that is, who has an absolute duty to act in your best interest. Now we will discuss what is fiduciary duty – what does a fiduciary owe to you? Texas courts have defined a number of “duties” which a fiduciary must strive to uphold. Failing…
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Breach of Fiduciary Duty in Court
Read more: Breach of Fiduciary Duty in CourtIf you believe you have suffered damages as a result of the wrongful actions of a fiduciary, you can sue in civil court. In Texas, your options for recovery if a fiduciary is found guilty of a breach of fiduciary duty could include: Direct and indirect financial damages and recovery of lost…
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Texas Lease Dispute: Landlord Failure to Maintain a Rental Property in Habitable Condition
Read more: Texas Lease Dispute: Landlord Failure to Maintain a Rental Property in Habitable ConditionYour landlord has a responsibility to keep the home or apartment you rent from them in livable, or habitable condition. If they fail to do so after you have brought the problem to their attention, you have a right to take action to correct the situation. But taking the wrong…
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Can a Texas Landlord Lockout a Commercial Tenant?
Read more: Can a Texas Landlord Lockout a Commercial Tenant?If a business tenant fails to pay their rent, under Texas law a commercial landlord IS allowed to lockout a tenant from their own business. The Texas Property Code allows a landlord to change the “door locks of a tenant who is delinquent in paying at least…
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Commercial Lease Problems: CAM Charges or Capital Improvement?
Read more: Commercial Lease Problems: CAM Charges or Capital Improvement?Triple net leases for commercial properties have become increasingly popular with landlords because they reduce the financial risk of property ownership. They insulate the property owner from almost every kind of increased expense, but they don’t insulate the owner from commercial lease problems. Who Pays…
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I’ve Been Wrongly Denied Disability Insurance Benefits
Read more: I’ve Been Wrongly Denied Disability Insurance BenefitsIf you purchased your disability insurance policy through your employer using a paycheck deduction, then the law that covers your complaint about being wrongly denied disability insurance benefits is a federal law known as ERISA. ERISA was originally designed to protect employees’ pensions, but it…
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My HOA Put a Lien on My Property
Read more: My HOA Put a Lien on My PropertyThere are several ways that you could wind up owing money to your homeowners’ association (HOA) or condo association. The most common debt is your regular assessment, which covers building and property maintenance in common areas, and may also include security, utilities, water and sewer…
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Commercial Lease Problems: Repairs and Maintenance
Read more: Commercial Lease Problems: Repairs and MaintenanceThere are a several commercial lease problems that Dallas-area landlord-tenant lawyers typically see. These are: Disputes over who pays for repair issues Lawsuits over a landlord’s failure to act on a repair or maintenance needs – and eviction notices over a tenant’s failure to pay rent because…
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