ABSTRACTS OF JUDGEMENT – a written summary of a judgment which states how much money the losing party owes to the person who won the lawsuit (judgment creditor), the rate of interest to be paid on the judgment amount and court costs. The purpose of an abstract of judgment is to create a public record and create a lien or claim if necessary on any real estate owned or later acquired by the loser located in the county in which the abstract of judgment is recorded. If the loser does not pay the judgment voluntarily then the winner can force a sheriff’s sale of any property to collect.

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ALCOHOLIC BEVERAGE APPLICATIONS – A retailer who desires to sell alcoholic beverages must file an application for a retailers permit or license.

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ASSUMED NAMES, NEW BUSINESS FIRMS – Individuals or a group of individuals wishing to start a new business in Nueces County must file the name of that business (assumed name).

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BANKRUPTCIES – Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Bankruptcy laws help people who can no longer pay their creditors get a fresh start by liquidating their assets to pay their debts, or by creating a repayment plan.

Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation. These procedures are covered under Title 11 of the United States Code (the Bankruptcy Code). The vast majority of cases are filed under the three main chapters of the Bankruptcy Code, which are Chapter 7, Chapter 11, and Chapter 13.

By publishing bankruptcies, The Coastal Bend Daily Legal & Business News provides basic information to debtors, creditors, the media, and the general public on those who may pose a financial risk.

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BUILDING PERMITS – A contractor is required to secure a building permit for any new construction or renovation prior to the commencement of the construction or renovation.

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COURT OF APPEALS HAND DOWNS – Decisions by the court of appeals stating that the appeal is affirmed, reversed, remanded and dismissed.

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DEEDS OF TRUST – An instrument given by the borrower to a third party (trustee) vesting title to the property in the trustee as security for the borrower’s repayment of the mortgage loan. Like a mortgage, a deed of trust is a security instrument whereby real property is given as security for a debt. However, in a deed of trust there are three parties to the instrument: the borrower, the trustee and the lender (or beneficiary) it is a formal written document transferring title to real estate; a new deed is used for each transfer. The deed should contain an accurate description of the property being conveyed, should be signed and witnessed according to the laws of the State where the property is located, and should be delivered to the purchaser at closing.

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FEDERAL TAX LIENS – If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person. Unlike personal debts, tax liens on real estate "run with the land"; that is, a property owner becomes responsible for payment even if the tax obligation was incurred by a prior owner.

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FEDERAL TAX LIEN RELEASES – In order to have the record of a lien released a taxpayer must obtain a Release of the Notice of Federal Tax Lien. Generally, the IRS will not issue a notice of release of lien until the tax has either been paid in full or the IRS no longer has a legal interest in collecting the tax. The IRS has standardized procedures for lien releases, discharges and subordination. In situations that qualify for the removal of a lien, the IRS will generally remove the lien within 30 days and the taxpayer may receive a copy of the Certificate of Release of Federal Tax Lien.

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FINANCE STATEMENTS – A record of the name and address of an individual who secures a loan from a financial institution for a specific item or items, and uses furniture, fixture or land to secure it.

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FORECLOSURES – Texas is referred to as a title theory state where the property title remains in trust until payment in full occurs for the underlying loan. The Deed of Trust is the security instrument for real property. As such, Texas operates under the Non-judicial foreclosure procedures. The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. When a lender intends to foreclose on a property, the law requires that the intent to foreclose be filed in the county of the residence.

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GRAND JURY INDICTMENTS – A Grand Jury is a jury in each county or federal court district which serves for a term of a year and is usually selected from a list of nominees offered by the judges in the county or district. The traditional 23 members may be appointed or have their names drawn from those nominated. A Grand Jury has two responsibilities 1) to hear evidence of criminal accusations in possible felonies (major crimes) presented by the District Attorney and decide whether the accused should be indicted and tried for a crime.

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J P COURT FILINGS – Suits that are filed in the Justice of the Peace offices in the county and include forcible detainer or evictions. Suits filed, up to $3,000.00.

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LEGAL NOTICES – Public notices that are required to be published and made available to the general public such as probate, notice to creditors, notice of sale of confiscated personal property, notice of a suit filed, heirship applications, notice of persons having a claim against an individual.

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MARRIAGE LICENSES – a couple that enters into matrimony must record that document with the county clerk The Coastal Bend Daily Legal & Business News publishes the name of the couple and an address.

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MECHANICS LIENS – A Mechanics lien is a security interest in the title to property and exists to secure payment for the benefit of those who have supplied services, labor or materials on both personal and real property that improve the property. The term "lien" comes from the French root (via William the Conqueror), with a meaning similar to link; it is related to "liaison."

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MECHANIC LIEN RELEASES – In the Mechanics Lien process a Mechanic Lien Release or lien waiver is a document from a contractor, subcontractor, materialmen, equipment lessor or other party to the construction project stating they have received payment and waive any future lien rights to the property.

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PROBATE FILINGS – upon the death of a person and beginning of probate (filing of will, etc.), a person believing he/she is owed money should file a written claim (statement) promptly with the executor or administrator of the estate, who will then approve it, in whole or in part, or deny the claim. The period for filing a claim begins upon publication of a death notice or a date specified by state law and continues for a few months (four in California, for example). If there is no probate the claim should be made to the heirs.

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RELEASE OF ABSTRACTS – When the debt is paid on an Abstract of Judgment a release of that lien is filed in the county court.

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STATE TAX LIENS – Same as federal tax lien on a state level.

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STATE TAX LIEN RELEASES – Same as federal tax lien release on a state level.

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SUITS FILED IN COUNTY COURT AT LAW – Suits filed in the County Court at Law offices which include civil causes, accounts, contracts and notes, personal injury damage auto, etc.

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SUITS FILED IN DISTRICT COURT – Suits filed in district court which include accounts, change of name, contracts and notes, divorce, parent child relation paternity, personal injury damage, protective order, seizure and forfeiture, writ of habeas corpus and other civil causes.

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WARRANTY DEEDS – A Warranty Deed is a type of deed used in real estate. It guarantees that the seller owns the piece of real estate in question. A warranty deed also guarantees certain provisions: 1) there are no hidden debts or holds on the property which are not expressly documented in public records. 2) The seller promises that if his/her title of ownership should ever be proven false, he/she will compensate the seller for any losses the seller might incur as a result. 3) That because the seller is the official owner of the piece of real estate, he/she has the legal right to sell it to the buyer. A Warranty deed offers the greatest protection in any real estate deed transfer.

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