Real Estate Law & Asset Protection
for Texas Real Estate Investors

By David J. Willis, J.D., LL.M.
Texas Attorney & Real Estate Broker
2024 Edition 784 pages

Real Estate Law and Asset Protection Book 2024

“The most important real estate book you will ever read!” – Attorney Keaton Frieberg, San Antonio

Table of Contents

PART I. CONTRACTS AND CLOSINGS

Chapter 1 – Beyond the TREC 1-4 Residential Sales Contract
Chapter 2 – Seller Disclosure and the “As Is” Clause
Chapter 3 – Title Insurance
Chapter 4 – Earnest Money Disputes
Chapter 5 – Affidavits of Heirship
Chapter 6 – Lis Pendens

PART II. OWNERSHIP AND TRANSFER OF TEXAS REAL ESTATE

Chapter 7 – Co-Ownership of Property
Chapter 8 – Deeds in Texas
Chapter 9 – Deeding Property to an LLC

PART III. NOTEWORTHY STATE AND FEDERAL LAW

Chapter 10 – Executory Contracts in Texas Real Estate
Chapter 11 – The Statute of Frauds
Chapter 12 – Mortgage Loan Fraud
Chapter 13 – Corporate Transparency Act and FinCEN Regulation
Chapter 14 – SAFE Act and Dodd-Frank
Chapter 15 – Higher-Priced Mortgage Loans

PART IV. CREATIVE TRANSACTIONS IN TEXAS REAL ESTATE

Chapter 16 – Seller Financing in Texas
Chapter 17 – Lease-Options, Lease-Purchases, & Rights of First Refusal
Chapter 18 – Wraparound Transactions in Texas
Chapter 19 – “Subject To” Transactions
Chapter 20 – Assumptions
Chapter 21 – Due-on-Sale
Chapter 22 – Adverse Possession

PART V. LLCs, PARTNERSHIPS AND JOINT VENTURES

Chapter 23 – LLC Formation
Chapter 24 – The Series LLC
Chapter 25 – Sale of LLC Membership Interests
Chapter 26 – LLC Tax and Banking Issues
Chapter 27 – Piercing the Veil
Chapter 28 – Partnerships and Joint Ventures

PART VI. TRUSTS IN TEXAS REAL ESTATE

Chapter 29 – Basic Principals of Living Trusts
Chapter 30 – Living Trusts for the Homestead
Chapter 31 – Investor Land Trusts

PART VII. ASSET PROTECTION STRUCTURING 

Chapter 32 – The Two Company Structure
Chapter 33 – Graphics of Asset Protection Structures

PART VIII. ASSET PROTECTION STRATEGIES 

Chapter 34 – Asset Protection in Texas
Chapter 35 – Anonymity in Texas Real Estate
Chapter 36 – Assumed Names
Chapter 37 – Homestead Protections in Texas
Chapter 38 – Lein Release and Removal
Chapter 39 – Equity Stripping and Asset Protection

PART IX. EVICTIONS AND FORCLOSURES

Chapter 40 – Evictions
Chapter 41 – Foreclosures
PART X. TEXAS LITIGATION AND JUDGMENTS

Chapter 42 – Texas Litigation: An Overview
Chapter 43 – Deceptive Trade Practices Act
Chapter 44 – Mediation
Chapter 45 – Judgments in Texas
Chapter 46 – Fraudulent Transfers to Avoid Creditors
Chapter 47 – Charging Orders

PART XI. OTHER TOPICS OF INTEREST TO TEXAS REAL ESTATE INVESTORS

Chapter 48 – Redemption Issues for Investors
Chapter 49 – Security Deposits in Texas Residential Leases
Chapter 50 – Hard Money Lending
Chapter 51 – Partition of Texas Real Estate
Chapter 52 – Buying and Selling Real Estate Notes
Chapter 53 – Wholesaling Contracts
Chapter 54 – Buying or Selling a Business
Chapter 55 – How To Use a Real Estate Lawyer

Book Reviews

“This book is amazing! It incorporates the author’s practical perspective from decades of experience and includes many great tips and creative solutions. ”Attorney Zachary Coop, Dallas 

“I’ve been a practicing real estate lawyer for a long time but David and his books are my first resource. His most recent edition is a must read for Texas real estate investors. ”Attorney Donald Jones, Dallas 

“The most important real estate book you will ever read!”Attorney Keaton Frieberg, San Antonio 

“David’s book definitely helped when I took the board certification exams.”Attorney Derek Pershing, Houston

“Extremely informative read. Very well done.”Attorney Christopher Barber, Houston

“Your book is a very easy and informative read. I will gladly and confidently refer clients to you.”Attorney Kevin J. Smith, Houston

“As an attorney I am familiar with David Willis’s expertise in real estate. If David wrote it and you read it, you can depend on it! I highly recommend this book.” — Attorney Paul Spielvogel, The Woodlands

“David Willis’ book is the best reference out there on need-to-know real estate law in Texas, for both practitioners and investors alike.” — Attorney Jason Kraus, Houston

“I love this book because I often get calls from clients that are looking for the right kind of business entity to minimize personal exposure and maximize asset protection. This book covers those issues and more.” — Attorney Richard Weaver, Houston

“Excellent book!” — Attorney J. Thomas Black, Houston

“I am an attorney and a life-long real estate investor. This book is a great tool. I would strongly suggest that anyone who is serious about investing in real estate should have a copy of this book as a reference even if you don’t live in Texas.” — Attorney Paul Katz, Boulder

“This book is a great read. I’m recommending it to all of my investor clients and friends.” — Broker Tony Garrant, Austin

“As a corporate attorney who does a good deal of real estate transactions, I can say with coincidence that David is the real estate law leader in Texas.” — Attorney Kevin Vela, Dallas

“I was impressed with this book. It will benefit real estate investors and real estate attorneys.” — Attorney James Robert Smith, Houston

“As a Texas real estate broker and investor in residential properties, I found this book well written and well laid out for us ‘non-lawyers.’ The chapters and subjects are organized well, so you can refer to the sections you need, when you need them. Recommended to anyone in Texas who is investing in multiple properties or who represents investors who do.” — Broker M.L. Moore, Austin

“This is an amazingly well written book, and any Texas real estate investor should consider this book as their go-to legal reference. Mr. Willis covers a wide range of pertinent topics with enough detail to whet the readers appetite for most of the legal risks and mitigating controls relevant to an investor. I highly recommend this book.” Amazon reader oscillationstation

“I have been a licensed RE agent for 10 years and new to the investment side of RE. After receiving this book I immediately began reading, the learning started from page one and has not stopped. It is a bible of real estate law, highly recommended” — Amazon reader Patrick J.

“Awesome with all details on Texas real estate business.”Amazon reader Jessica Zack

“Attorney David J. Willis has written an excellent book for people who are considering real estate as an investment . . . This book gave me a huge advantage over my competitors. . . . In a world ridden with real estate seminar hype about foreclosures, wraparounds, LLC’s, etc., this book allowed me to see right through so much of the bad information that is out there. Beginning real estate investors as well as seasoned pros will find this book indispensable, and I’m lucky to have read it before I did my first real estate deal.” Barnes & Noble reader Gene of El Paso

“This book is a strong book on many Texas Real Estate topics. It not only goes over the law but also gives you suggested strategies, depending on what side of the transaction you are on.” — Amazon reader SMG

“Fantastic resource. Excellent book, highly informative and thorough. Easy to understand and you can tell the author has had extensive practice in real-life scenarios from both the real estate and law side. Highly recommended. “ — Amazon reader Niva78

“A very good Real Estate Investors’ handbook.” — Amazon reader Olu Ojayi

“This is a very comprehensive and in-depth discussion of many legal aspects of real estate investing. Mr. Willis provides valuable interpretations of recently written changes to Texas laws. This book is a goldmine of information that will allow real estate investors to be informed and free of trouble with Texas laws. The author also describes how Texas laws and legal entities can protect wealth and valuable assets from attacks by creditors and frivolous lawsuits. I highly recommend this book. Its cost is tiny in comparison to an hour of attorney’s time to learn this information or to prevent a legal issue that is discussed in this book.” — Amazon reader Dan Nicholson

“Awesome! I read most of the book in one sitting, not because it’s a quick read, but because the writing style of the author makes absorbing the information easy. He does a wonderful job of explaining the details in a way where they make sense the first time. That made the first read of this book nearly effortless. I applaud David J. Willis for writing this book.” — Amazon reader Valerie McGilvrey

“Very informative! This book makes the legal aspects of real estate investing understandable for ordinary investors like me. I keep a paperback copy on my desk. Thank you Mr. Willis.” — Amazon reader i.lights