FAQs

At Gagnon, Peacock & Vereeke, P.C., our dedicated team of attorneys understands the difficulty that many in Dallas and Fort Worth may encounter in trying to find answers to legal questions. Therefore, we have put together a brief collection of some of our most frequently asked questions with their answers.

If your question isn’t currently answered here, or if you would prefer to speak with a member of our legal team directly, contact us today by calling (214) 824-1414.

When is a foreclosure wrongful?

In some cases when a lender or lender’s representative acts in “bad faith,” a foreclosure may legally be considered wrongful. For instance, if you are subjected to predatory lending practices, lender dishonesty, not receiving appropriate notice from a lender, or overcharges for late payments, then you may be dealing with a wrongful foreclosure. Speaking with a Dallas attorney can help you learn more about your legal options.

What is a boundary dispute?

Boundary disputes arise when two or more property owners fail to agree on the exact distinction between their properties. Disagreement over boundaries can happen for a number of reasons, such as a flawed deed, unmarked boundary lines, an adverse possession, or a flawed title transfer, among other factors. It is of the utmost importance to resolve boundary disputes, as well as protect your rights. The attorneys from Gagnon, Peacock & Vereeke, P.C., in the Dallas area are familiar with real estate litigation and can help you through the legal process.

Does poor property workmanship qualify me for a lawsuit?

If you employ a person or company to construct on your property, you have every right to believe that this person or company will provide the highest-quality of workmanship possible. Unfortunately, poor workmanship might have left you with a dangerous or inadequate structure. You could qualify for a real estate claim, in which you and your attorney cite poor workmanship as the reason for filing the claim. Protecting your investments is incredibly important, and the attorneys of Gagnon, Peacock & Vereeke, P.C., in Dallas have the skill to effectively represent you in such a situation.

What is predatory lending?

Predatory lending refers to a type of practice where a lender will apply abusive or unfair terms for a borrower. If a borrower agrees to unfair terms as a part of deceptive or false lending practices, this too can constitute predatory lending. Unfortunately, many people suffer due to predatory lending practices. If you think that you have been subjected to predatory lending, you might be able to put a stop to it with the help of an experienced real estate attorney.

Can my creditor overcharge me for late payments?

No. Although there are often fees associated with a late payment on a home or property, a creditor is not permitted to charge more than the amount of late fee stated in your homeownership contract. If you have been subjected to overcharges, then your creditor might be trying to force a wrongful foreclosure on you, and you do not have to stand for this. You can talk with a real estate litigation attorney today and learn more about how to protect yourself from unfair practices like overcharges and excessive late payment penalties.

What is an easement?

In the most basic sense, an easement entitles certain persons or entities to access parts of a property for a particular use. Though easements can be beneficial to many groups or individuals, sometimes property owners dispute them, and this is when the need for legal intervention arises.

What kind of easement disputes are there?

There are numerous easement disputes that might arise in the Fort Worth area. If possessors of an easement think that they have the right to certain aspects of a property but the property owner disagrees, then legal disputes may arise. The most common forms of easement disputes are utility easements, private easements, and prescriptive easements. Discussing your legal position with an attorney is the best way to know for sure how to pursue your complaint.

Can I sue for a construction defect?

Sometimes. In many cases, real estate litigation involves disputes about the quality of construction, or construction defects that create poorly-designed or unsafe structures that may cause injuries. For instance, you might have a claim if you have experienced poor workmanship, the use of defective materials, negligence on the parts of contractors or subcontractors, code violations, or any safety defects. An experienced Fort Worth attorney could help you evaluate your legal options.

Why do oil and gas disputes arise?

Everyone is eager for oil and gas and other natural resources because the industry is booming, so when oil or gas is discovered on a property, people leap at the chance to be a part of ownership. Unfortunately, sometimes disputes between property owners and oil and gas companies arise because there is no agreement about who the rightful owner of the minerals is. An experienced attorney can help settle these differences to your benefit.

What can I do if an oil or gas company is harassing me about my mineral rights?

Sometimes oil and gas disputes arise because an oil or gas company is attempting to encroach on your mineral rights. Unfortunately, legal intervention is often necessary to help property owners and mineral rights owners stake their claim to oil and gas, or at least protect them financially if they sell their rights. The attorneys of Gagnon, Peacock & Vereeke, P.C. can help Forth Worth and Dallas mineral rights owners protect themselves against undue harassment from oil and gas companies.

Do you charge for an initial consultation?

No. At Gagnon, Peacock & Vereeke, P.C., we believe in letting our potential clients in Dallas see what we have to offer before making any financial commitments. This is why we offer a free initial consultation. Ask us all of your questions today by contacting our office to set up your own initial meeting.

How do I find the right attorney?

Finding the right attorney is important, because the law can be confusing and nuanced. However, you can begin by asking a few simple questions that can quickly hint at how your relationship with an attorney would work. These questions include:

• How much do you charge and do your fees ever change?
• Have you won any cases like mine? How many?
• What will you need me to do during a case?
• Will you / how will you enforce the court’s decision?

Answers to these questions should give you an idea of how you will be handled by a firm individually, and should help you narrow your search considerably.

Is your firm also on social media?

Yes! At Gagnon, Peacock & Vereeke, P.C., we understand the growing interest and value of social media outlets to stay in contact with our clients. This is one reason you can follow our practice on Twitter, LinkedIn, Facebook, and Google+. In addition to having our personal and individualized attention on your particular case, you can follow our activity and success more generally on these outlets, or even tell others about our services.

What is required of me during my lawsuit?

Because every person’s individual case is unique, it can be difficult to say exactly what your role will be in your own case. Depending on circumstances, you might be called to be a witness; you might also have to collect and provide documentation to substantiate your claims; you might not be required to take any action. The only way to really get an accurate sense of your requirements during your case is to talk with your attorney in Dallas/Fort Worth.

Can I represent myself?

Although it may seem tempting to think about representing yourself, this is not always advisable. Some people think that doing so will save them money, but not having experienced legal representation can actually end up costing you more money. If you make a mistake while representing yourself, that one error can cost you the case, whereas an attorney who understands the minutia of law has been trained to avoid common errors and will work tirelessly on your behalf. You should at least speak with an attorney in Dallas/Fort Worth about your options for representation before making any big decisions.

How long will my case take?

It is extremely difficult to say how long an individual case will take. Individual cases are all so different that only a rough estimate of a timeline can be made. The best way to get a more accurate idea of the time frame you’re looking at is to speak with an attorney about your case, and he or she may be able to outline the likely course your case will take.

What if I cannot afford a lawsuit?

You may think that you cannot afford to file a lawsuit, but if you’ve been wronged, it might actually end up costing you more if you don’t file. Many people think that they cannot afford a lawsuit but are operating under a mistaken idea of how much it costs. Speak with an experienced Dallas attorney to become fully informed about your options today.