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Full-Text Articles in Property Law and Real Estate

Ulta And Non-Judicial Mortgage Foreclosure In Texas., Patricia E. Rant Dec 1981

Ulta And Non-Judicial Mortgage Foreclosure In Texas., Patricia E. Rant

St. Mary's Law Journal

Much of the current law governing secured land transactions remains closely akin to common law practices of feudal England. Consequently, certain aspects of the law in this area are provincial, anachronistic, and ill-suited to the needs of the modern borrower and lender. Even a cursory examination of Texas mortgage foreclosure law demonstrates certain shortcomings of the existing system. The Uniform Land Transactions Act (ULTA) professes to simplify, modernize, and unify state laws relating to real estate transactions. ULTA expects to accomplish these various purposes through uniformity in foreclosure proceedings. ULTA suggests several distinct advantages not currently available under Texas law. …


The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia Mar 1980

The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia

St. Mary's Law Journal

Throughout Texas history the legal status of illegitimacy has prevented an illegitimate child from enjoying the right of parental support guaranteed to a legitimate child. The United States Supreme Court’s decision in Gomez v. Perez rendered unconstitutional the denial of an illegitimate child’s right to parental support on the basis of his illegitimacy. In response to Gomez, the Texas Legislature enacted Chapter 13 of the Texas Family Code (TFC) which provides for voluntary legitimation of an illegitimate child by the father. Section 13.01 gave an illegitimate child, whose natural father did not voluntarily acknowledge paternity, procedure to establish the parent-child …