The Laws

MaxPro Realty Partners, its employees, subsidiaries, affiliates, associates and partner companies, in order to turn abandon, dilapidated, neighbor eye sores that are typically riddled with code violations, including broken windows, unsecure entry (even children can easily get in), floors with holes or broken wooden floors, sharp glass, rusty nails, high weeds providing harbor for rats and snakes, and including being a ‘welcome sign’ for vagrants, drug dealers, drug users and therein being a financial, demoralizing and unsightly embarrassing burden on immediate neighbors and the entire community – into homes for individual that will renovate repair it to quality standards to increase neighborhood value.

Many of these properties also have tax suit, tax judgments, City orders to repair or demolish and other issues that the company also works to ensure these issues are resolved, mitigated and or settled in an amicable manner to allow the new Homeowner to have a chance to turn the property around.

This process includes several State Statues (State Laws) and Case Law as well as other legal process’s that not only make this happen, but also help to protect the Buyer / New Homeowner and The Fractional Heirs that may hold outstanding interest in the properties. And further, includes considerable disclosures, practices, policies and guarantees to support such transactions to the benefit of all.

The company and its executives have more than 85 years of combined experience in real estate, real estate law, code violation resolution, renovation and delinquent tax resolution experience - and with its title experts, legal counsel and many others – we specialize in acquiring abandoned, tax-delinquent and/or mortgage defaulted properties that often have code violations, harbor vagrants and are magnets for criminal activity. We are experts in this area. We refer to these abandon homes, which many times have deceased owners that have many ‘heirs’ – as ‘Estate Properties’ and sometimes ‘problem properties’ as many times there are many heirs who will not or cannot all get together to solve the problem. So – the property sits rotting our cities, neighborhoods and destroying the neighbors property value and even the ability for neighbors to sell their own home.

The Laws

This reference below is based on Texas Statutes (Texas Laws) and some Case Law

Color of Title

What is "Color of Title"?

1. It's a consecutive chain of transfers to the possessor that isn't regular due to some defect (like a mis-recorded deed or writing instead of a proper deed) but appears fair and honest, not fraudulent.
2. An example of this is a ‘partial interest in title’ transferred by a deed, such as an Heir selling their equitable interest to MaxPro, and that paired with an Adverse Claim, provides for ‘Color of Title’.

Texas Property Code, Chapter 23 :

Texas Property Code Chapter 23 governs the division (partition) of jointly owned real estate, allowing co-owners to force a sale or physical division, establishing rules for access easements, and, with recent updates (like SB 600), adding significant protections for "heirs' property" (family land inherited without a will) by requiring fair notice, a right of first refusal, and buy-out options before an unrelated party can force a sale, aiming to keep family land in the family.

Key Aspects of Chapter 23: Partition

• Right to Partition: Any joint owner can compel a division or sale of the property among all owners.
• Partition by Sale: Often, if the property can't be physically divided fairly, the court orders it sold and the proceeds split.
• Access Easements: When a property is divided, a tract without road access must be granted a nonexclusive easement over an adjoining tract, with the owner maintaining it.
• Heirs' Property Protections (SB 600 Amendments):
  • Definitions: Defines "heirs' property" and "heir/non-heir cotenants".
  • Petition Requirements: Requires detailed information in partition lawsuits, including whether it's heirs' property and if sale notice requirements were met.
  • Right of First Refusal: Unrelated buyers must first offer other family members the chance to buy their shares at fair market value.
  • Appraisal & Buyout: Courts appoint appraisers, and other co-owners get a chance to buy out the shares of those wanting a sale, preventing outsiders from easily forcing sales.

Texas Property Code, Chapter 23A – (UPHPA, also known as Uniform Partition of Heirs Property Act) :

Texas Property Code Chapter 23A provides rules for partitioning "heirs' property"—inherited land owned by multiple family members (tenants in common) where disagreements arise, protecting heirs from losing family land to outside investors by adding a buyout option and court-ordered appraisal before a forced sale, ensuring fair treatment, and preventing forced sales when feasible, supplementing Chapter 23's general partition rules.

Key Provisions & Purpose:

• Applies to Heirs' Property: Governs partitions of real property inherited by multiple family members (tenants in common).
• Protects Family Land: Adopted from the Uniform Partition of Heirs' Property Act, it prevents outsiders from buying a small share and forcing a sale, preserving family legacy.
• Court-Ordered Appraisal: Requires the court to appoint a qualified appraiser to determine the fair market value.
• Buyout Option: If a partition by sale is ordered, other co-owners get the right to buy out the shares of those who want to sell, at the appraised value, preventing a sale to a third party.
• Notice by Posting: Mandates a conspicuous sign on the property if a partition suit involves citation by publication, informing the community.
• Complements Chapter 23: Works alongside existing Chapter 23 laws for partitions, adding specific protections for heirship property.

Texas Civil Practice & Remedies Code (TCPRC) 16.021 – 16.25,16.030 Subchapter B
Address’s Statute of Limitations of Actions Involving Real Property

This subchapter outlines the specific time limits within which a person must bring a lawsuit to recover real property, often referred to as "adverse possession" statutes. {however in the case of MaxPro is primarily being used to eventually assist the home buyer, who has possession of ‘color of title’ (owning partial interest in the property) in obtaining ‘eventually’ clear title, typically only seeking to settle any title issues on unknown heirs or ones that cannot be found – which happens when you 2, 3 and even 4 generations of heirs and 10 – to 200 heirs, and occasionally an heir that does not care, will not sell but also does not care about the property, in which after the time frame expires, MaxPro typically send payment to that individual anyway, without any requirement to transfer title – to be abundantly fair}

• Section 16.021: Definitions Defines key terms used in the subchapter, such as "adverse possession" (an actual, visible, and hostile appropriation of real property under a claim of right), "color of title," "peaceable possession," and "title".
• Section 16.022: Effect of Disability Addresses exceptions to the limitations periods for individuals under a legal disability, such as minors or mentally incapacitated persons.
• Section 16.024: Three-Year Limitations Period A person must bring suit to recover real property not later than three years after the cause of action accrues if the possessor has documented proof of legal title or "color of title".
• Section 16.025: Five-Year Limitations Period Requires a suit to be brought within five years if the adverse possessor cultivates, uses, or enjoys the property, pays applicable taxes, and claims the property under a duly registered deed (does not apply to claims based on a forged deed or quitclaim deed).
• Sections 16.029 - 16.034: Related Provisions These sections deal with evidence of title, the effect of acquiring title through adverse possession, issues with enclosed or adjacent land, technical defects in instruments, and attorney's fees.

and other TCPR rights