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Attorney Profile

Top Rated Real Estate Attorney in Denton, TX

Alagood Cartwright Burke PC

| 319 W. Oak Street, Denton, TX 76201

Visit: http://www.dentonlaw.com

Phone: 940-891-0003

Fax: 940-891-0004

Selected to Super Lawyers: 2003 - 2004, 2012 - 2019

Licensed Since: 1992

Education: Texas Tech University School of Law

Practice Areas:

Real Estate: Business (40%),
Real Estate: Consumer (40%),
Business/Corporate (20%)

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Attorney Profile

Attorney R. Scott Alagood is a shareholder in the Denton, Texas, firm of Alagood Cartwright Burke PC. Board certified in residential and commercial real estate by the Texas Board of Legal Specialization, Mr. Alagood focuses on representing his clients in their cases involving residential and commercial real estate, business and contract law, litigation, eminent domain, landlord and tenant law, and corporate law.

Mr. Alagood received his undergraduate degree from Texas A&M University in finance and received his law degree from Texas Tech University and has been practicing law for more than 26 years. He is a member of Denton County Bar Association and the State Bar of Texas.

Practice Areas

Real Estate (40%): Condominiums & Cooperatives, Landlord/Tenant, Mortgage & Refinance

Business/Corporate (20%): Business Formation and Planning, Limited Liability Companies, Partnership, Contracts, Business Organizations

Focus Areas

Condominiums & Cooperatives, Landlord/Tenant, Mortgage & Refinance, Business Formation and Planning, Limited Liability Companies, Partnership, Contracts, Business Organizations

Selections

Super Lawyers: 2003 - 2004, 2012 - 2019

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White Papers

Mediation: A Texas Resolution (2015) - What is mediation? Mediation is a forum and process in which an impartial person, called the mediator, encourages and assists parties to a dispute to reach a settlement or resolution of that dispute between themselves. The mediation may be ordered by the court or through voluntarily participation by the parties to the dispute. Where the parties have retained attorneys to assist with the dispute, the attorneys participate in the mediation with their respective clients.

Property Taxation (Part Two) (2016) - There are two types of protests normally available to a homestead exempted property owner: (1) determination of the appraised value of the property; and (2) unequal appraisal of the owner’s property. The first protest type is what is says it is, that the property owner simply disagrees with the value of the property provided in the notice of appraised value. The second type deals with taking a reasonable number of comparable properties within the taxing district, appropriately adjusted based on the factors above, and showing that the appraised value of the subject property in the notice of appraised value is above the median of those property values.

Commercial Lease Review - Part One (2014) - he terms of the commercial lease will govern the financial relationship between the business and the landlord. The lease will determine the tenant’s occupancy rights. The lease will establish how the parties deal with default and termination. The lease will supply the base upon which the business operates for years to come. It is important that the tenant understand the terms contained within the lease and how the lease will impact its business.

Title Insurance: What it is and What it isn't (2013) - An extremely high percentage of real estate sales and financing transactions involve the issuance of title insurance of some type. In dealing with clients in residential or commercial transactions, I have found that most consumers of title insurance products do not fully understand what title insurance is, why they require it, and what benefits are conferred upon the insured in the event of a title defect. This article will address some common misconceptions about title insurance and explain what it is and what it isn't.

Is Owner Financing Residential Real Estate SAFE? (2013) - Owner financing in Texas has historically been a valued tool to sell real estate to parties who for various reasons couldn't qualify to borrow money from institutional lenders. However, in 2008 and 2009, owner financing was directly affected by federal law to adopt Chapter 180 of the Texas Finance Code, now better known as the Texas SAFE Act. The acronym "SAFE" stems from the Secure and Fair Enforcement for Mortgage Licensing Act, which was part of the federal Wall Street Reform Act of 2008. These Acts were spurred by the belief that the liquidity crisis in the financial markets was caused in part by mortgage fraud and subprime mortgage loans.

Residential Construction Defects (2013) - With a hopefully improving economy, our State and local community should see an increase in new housing development. If our past history is a good indicator of the future, then the increase in new construction will necessarily increase the number of construction defect claims between the Buyers of these new homes and the Contractors who constructed them. This article will briefly discuss the history of residential construction claims in Texas and set forth the current legal framework for home owners and builders who may soon find themselves on one side or the other of a residential construction defect claim.

Buying Property at Foreclosure Sales: A Deal or a Dud? (2013) - If you ever watch late-night television, then you have seen those infomercials touting the ability to make you an overnight millionaire by purchasing financially distressed real estate. There are many individuals and companies who have built successful lives and businesses through the acquisition of financially distressed real estate. However, unless the process is fully understood and the risks are knowingly accepted, the purchase of financially distressed property at a foreclosure sale is not necessarily for the cash rich novice. The following legal and practical issues should be considered prior to acquiring property at a non-judicial foreclosure sale held under a Texas deed of trust.

Ownership Transfer Restrictions (2016) - Many individuals form business organizations for various reasons. Some of the most common reasons are to address tax matters, limit liability, provide a specific or perpetual duration, and address ownership transferability issues. The Texas Business Organizations Code (“TBOC”) authorizes individuals to form three general type of entities: partnerships, corporations, and limited liability companies (“LLC”). While there are other forms of entities which may be used for particular professions or other specific uses (such as non-profit or limited liability entities), these three forms comprise the most commonly used entities. The partnership form is further divided between general partnerships and limited partnerships.

New Authority Concerning Building Within the ETJ - In Texas, there are areas beyond a city’s limits which may be regulated by a municipality. These areas are called “extraterritorial jurisdiction” or “ETJ”. The size of the ETJ depends on the type of municipality. The types of municipal governments are divided into two basic categories, general-law municipalities and home-rule municipalities. A Municipality with a population of more than 5,000 may choose to become a home-rule municipality.

Adverse Possession (2014) - Hardly a month goes by without our office getting a call from someone who either claims they have acquired or possibly lost title to real estate through "adverse possession". Some states other than Texas refer to these types of claims as "squatter's rights". Texas does not favor taking title from a legal holder and simply transferring it to one who has little or no evidence of actual ownership. However, in certain limited circumstances, a court of law will allow a party in actual and peaceable possession of land to obtain superior rights against the legal title holder of that land.

Seller's Disclosure of Property Condition in Residential Transaction (2014) - With the economy beginning to pick up, new housing starts and sales of existing homes seem to be on the upswing as well. It is important to know what duties the seller has in disclosing the physical condition of a home, and to what extent a buyer may rely upon such disclosures in purchasing real property. Depending on the type of property being sold, commercial, residential, farm & ranch, unimproved, etc... the required disclosures vary to some extent. This article will solely focus on the required disclosures involved in the sale of residential real estate.

Overtime Claims and The Fair Labor Standards Act (2014) - Overhead. It's a challenge facing employers and employees. For many businesses, labor cost is the single greatest overhead expense. Unfortunately, many employers try cutting corners that they should not, in particular in the area of overtime wages. The Fair Labor Standards Act (or FLSA) is a federal labor law that requires employers to pay overtime compensation (at time-and-a-half) to employees who are not exempt under the Act for all hours worked over a prescribed threshold period (typically, 40 hours per week). Most employees are non-exempt, meaning that they are entitled to overtime pay. The most common exceptions to this rule involve some administrative, executive and professional employees, computer professionals, outside sales employees, and certain retail employees. Liability exists under the FLSA even for unintentional violations.

Contracts: When is one in Writing Required? (2013) - In situations where it appears that an otherwise enforceable contract exists, the law will not enforce a verbal contract or promise unless it is in writing and signed by the person sought to be charged - or his or her authorized agent. This legal rule is called the Statute of Frauds and is codified in Section 26.01 of the Texas Business & Commerce Code.

http://www.dentonlaw.com/newsarticles/texas-property-taxation-part-two-by-r-scott-alagood/ - There are two types of protests normally available to a homestead exempted property owner: (1) determination of the appraised value of the property; and (2) unequal appraisal of the owner’s property. The first protest type is what is says it is, that the property owner simply disagrees with the value of the property provided in the notice of appraised value. The second type deals with taking a reasonable number of comparable properties within the taxing district, appropriately adjusted based on the factors above, and showing that the appraised value of the subject property in the notice of appraised value is above the median of those property values. Disparities in the timing of the reappraisal of properties within the district may lend certain properties to be at lower values. Due to advancements in technology and the growing need for governmental funding, larger taxing districts have significantly cut down on this time lag

How to Choose and Attorney (2014) - It is very likely at some point everyone will require the services of an attorney. Choosing an attorney can be a complicated and stressful event. Here are a few tips that may assist you in choosing the right attorney.

The Bill of Rights: A Tale of Constitutional Compromise (2013) - With the Second Amendment debate at the national forefront, I thought it appropriate to take a short historical look into how the Second Amendment came into existence. In researching the issue, I quickly became side-tracked from my initial notion for this article (and hopefully saved myself from becoming a target of opponents on either side of the debate).

Receiverships (2014) - A receivership is an equitable and legal remedy that may be used to acquire possession of property by a court appointed party known as a receiver. A receiver’s powers are derived directly from the appointing court. The receiver is a disinterested party who represents and protects the interests of all other persons for the receivership property.

Foreclosure of a Property Owners Association Lien (2014) - Many residential properties are subject to mandatory property owners associations which may have the power to impose regular and special assessments against owners and properties within the subdivision. In response to some real or perceived injustices on the part of property owners associations, the Texas legislature enacted the Texas Residential Property Owners Protection Act (the “Act”) in 2001. The Act became effective on January 1, 2002. The Act may be found in Chapter 209 of the Texas Property Code.

Texas Water Rights (2016) - According to the Texas Water Development Board (“TWDB”), Texas’ population is expected to increase from approximately 29.5 million to 51 million between 2020 and 2070. Tex. Water Dev. Bd., 2017 State Water Plan (May 19, 2016). It is further projected that over half of the population growth in Texas during this period will take place in the Dallas-Fort Worth metroplex and the cities and counties surrounding Houston. Id. During that same period, it is expected that the demand for water is expected to increase from 18.4 million to 21.6 million acre-feet per year. Id. “Acre-feet” is one way to measure the volume of water. One acre-foot of water is equal to the amount of water covering one acre of land one foot deep. An acre-foot of water is approximately 326,000 gallons of water. It goes without saying that Texans can’t live or work without an adequate supply of water. The regulation of water rights in Texas is evolving to meet these future needs.

Buying and Selling a Business (2012) - Whether looking to sell or buy a business, certain issues should be taken into consideration. First, it is important to determine what type of business organization is involved. These include sole proprietorships, partnerships (general and limited), corporations, and limited liability companies.

Fluctuating Work Week (2015) - Employers trying to find alternatives to the traditional 9-to-5, 40 hour work week may want to consider a fluctuating work week schedule. A fluctuating work week schedule may lessen the financial burdens of personnel who are not exempt from overtime pay requirements.

Commercial Lease Review - Part Two (2015) - The terms of the commercial lease will govern the financial relationship between the business and the landlord. The lease will determine the tenant’s occupancy rights. The lease will establish how the parties deal with default and termination. The lease will supply the base upon which the business operates for years to come. It is important that the tenant understand the terms contained within the lease and how the lease will impact its business.

When Should I Use a Quitclaim Deed? (2013) - A Quitclaim Deed in Texas is somewhat of an oxymoron. Believe it or not, a Quitclaim Deed is really not a Deed. To understand the reasons why, you must know a little background about the type of deeds typically used in Texas to transfer real property.

Reverse Mortgages (2013) - Texas allows lenders to make "reverse mortgages" which are secured by a borrower's homestead. A reverse mortgage is an instrument that allows a borrower to borrow money against the equity in his or her home in a single installment, in annuity-like installments, or a line-of-credit available on demand. Like home equity loans, reverse mortgages are subject to a litany of state constitutional restrictions.

Texas Innkeepers and Hotels - Part One (2017) - Texas Innkeepers and Hotels In Texas, a lease of land grants the lessee an actual estate in the real property made up of the specific rights granted. Depending on the type of rights granted to a lessee, the express terms of the grant may be affected by numerous state laws, including statutes, ordinances, regulations, and court decisions. For example, a residential lessee has certain statutory rights which are more particularly set forth in Chapter 92 of the Texas Property Code. However, a guest of a hotel or inn is not afforded the same rights and estates which are created in a lease, regardless of the type. In Texas, the guest of a hotel or innkeeper is only granted a privilege or authority to use the property for a short period of time and in accordance with the rules and regulations set forth by the hotel or innkeeper. The guest holds a “license” as opposed to a “lease” and is not entitled to exclusive possession of the areas in which the guest is allowed to conduct its activities. A license does not create an interest in the land or the buildings in favor of the guest, but only allows the guest the right of use. Aside from the aforementioned distinction, a hotel or innkeeper typically remains responsible for the maintenance and upkeep of the property, has a right to enter the licensed areas by way of a key or keys, and may also reside on the property. As previously stated, the license granted to the guest is usually for a short period of time. No exclusive possession is granted to the guest, and the hotel or innkeeper is not required to initiate an action for forcible detainer to remove the guest from the property. Section 92.152(a)(1) of the Texas Property Code specifically excepts the renting of a room in a hotel, motel, inn or similar transient housing from the laws governing the leasing of real property for residential purposes. While statutes governing residential leasing are plentiful in Texas, those relating to the renting of a hotel or motel room are fairly scarce. Some of those laws are codified at Chapter 2155 of the Texas Occupations Code. Chapter 2155 regulates room rate information that must be supplied by the hotel or innkeeper (Section 2155.001); liability for valuables not stored in hotel vault (Section 2155.052); non-liability for holding baggage left by a guest (Section 2155.053); and notification of hotel’s firearms policy (Section 2155.103). Other miscellaneous statutes which apply to hotels and innkeepers are: -- Section 341.066 of the Texas Health & Safety Code (safe drinking water; sewage disposal; sanitation; and safety of gas stoves used for heating); -- Section 792.002 of the Texas Health & Safety Code (smoke detectors); -- Section 41.0025 of the Texas Family Code (liability of parents for damage or destruction to a hotel room by child); and -- Section 55.251 of the Texas Utilities Code (limiting certain telephone calls to $.50). Unless such contain 5 or less rooms for rent and is occupied by the proprietor as his or her residence, hotels and inns are places of public accommodation which must comply with Title III of the Americans With Disabilities Act (42 U.S.C. Section 12181 et seq.). Outside of these few state and federal laws, the operation of hotels and inns are regulated by the local ordinances of the particular municipalities in which they operate. Where a hotel or inn is not regulated by local ordinance, the Texas Department of State Health Services through its Public Health Sanitation Program will, as resources and time allow, inspect and investigate complaints about hotels, motels, inns, RV parks, and campgrounds. Scott Alagood is board certified in Commercial and Residential Real Estate Law by the Texas Board of Legal Specialization and can be reached at [email protected] or www.dentonlaw.com.

Mechanic's and Materialman's Lien Claims: A Few Pitfalls (2013) - When contractors are not paid for their work or materials supplied to a construction job, they have several avenues of recourse to attempt to collect the debt. One option is to file a lien claim under either the Texas Constitution (Art. XVI, Section 37) or the Texas Property Code (Chapter 53). Here are a few of the more material factors to consider in filing a mechanic's lien claim.

Changes to Texas Justice Courts (2013) - In response to legislation adopted in 2011, the Supreme Court of Texas has issued new rules governing civil cases filed in justice courts. These new rules go into effect August 31, 2013, and will govern the filing, pre-trial procedures, trial and appeal of all civil cases filed in a justice court.

Texas Property Taxation - Part One (2016) - The State of Texas’ power to tax does not come from the U.S. or Texas Constitution. It is an inherent power associated with the sovereignty of the state. On the other hand, the taxing power of Texas counties, cities, and school districts is solely derived from the Texas Constitution, statutes, and municipal charters. The Texas Tax Code grants these subdivisions of the state the authority to tax all real property located within the state. Real property includes land, improvements, mines, quarries, minerals in place, and standing timber.

New Authority Concerning Building Within the ETJ (2015) - New home construction is on the rise in North Texas. When an owner or builder seeks to construct anew home within a town or city in Texas, they are required to first obtain certain permits from the municipality before construction can begin. If the home is to be constructed in an unincorporatedarea of a county, then any required permits will be obtained from the county instead of a municipality.

Texas Recording Statutes (2014) - Recordation is the process of placing real estate documents in the public records. The county clerk in the county which all or part of the real eon, and withostate is located accepts the document and files it in the public records. Upon filing, the document is given a recoding or reference number and the date and time of filing. Records are kept in well bound books, microfilm, microfiche, or electronically on magnetic tape or disk. A filed document will be referenced in a grantor/grantee index. The public records must be made available for inspection and copying at all reasonable times.

Serviceman's Civil Relief Act (2013) - According to the U.S. Department of Defense records, through the end of 2012 there were approximately 1.4 million active duty U.S. Military servicemembers deployed throughout the world and the U.S. When you include the almost 2 million persons classified as dependents of such military personnel, there are approximately 3.4 million Americans who are directly affected by the military engagements in which the United States is and will be involved. Additionally, civilian contractors play major roles in conflicts involving the U.S. military.

Private Land Use Restrictions (2014) - Private land use restrictions are frequently found in planned community developments. Such restrictions may regulate the land use, as well as the size, location, quality, cost, and composition of the improvements constructed on the land. They may exist on both residential and commercial real property. So long as the restrictions are not against public policy and are imposed in an otherwise legal manner, an owner may restrict its property as it desires.

Eminent Domain (2013) - n Denton County alone, there are numerous major transportation projects involving billions of dollars. The I-35 expansion project alone is projected to spend upwards of $5 billion over the next 10-15 years. When you include the everyday street and utility projects, high voltage power lines, natural gas pipelines, and water district facilities, almost every area of Denton County has some type of on-going public project. What do each of these projects have in common with each other? The answer is the private property that must be taken in order to accommodate the public use. Eminent domain is the legal concept that authorizes the taking of private property for a public use through the payment of just compensation and the process by which such taking occurs.

About Scott Alagood

Admitted: 1992, Texas

Professional Webpage: http://www.dentonlaw.com/r-scott-alagood.html

Honors/Awards:

AV Preeminent Rating by Martindale Hubble in both Legal Ability and Ethical Standards, AV Preeminent Peer Review Rated, Martindale Hubbell, 2018
Best of Denton County Struction Law Attorney, Best of Denton County Construction Law Attorney, Denton County Magazine, 2018
AV Preeminent Peer Review Rated in both Legal Ability and Ethical Standards, AV Preeminent Peer Review Rated, Martindale Hubbell, 2017
AV Preeminent Peer Review Rated, Martindale Hubbel, 2016
AV Preeminent Peer Review Rated, Martindale Hubbel, 2015
AV Preeminent Peer Review Rated in both Legal Ability and Ethical Standards, AV Preeminent Peer Review Rated, Martindale Hubbell, 2014
AV Preeminent Peer Review Rated in both Legal Ability and Ethical Standards, AV Preeminent Peer Review Rated, Martindale Hubbell, 2013
AV Preeminent Peer Review Rated, Martindale-Hubble, 2012
Best of Denton, Best Law Firm, Second Place, Denton Record Chronicle, 2012
AV Preeminent Peer Review Rated, Martindale Hubbell, 2011
AV Preeminent Peer Review Rated, Martindale Hubbell, 2010
AVVO 10.0 Superb Rating

Special Licenses/Certifications:

Board Certified in Commercial Real Estate by the Texas Board of Legal Specialization, 2001
Board Certified in Residential Real Estate by the Texas Board of Legal Specialization, 2001 - Present

Bar/Professional Activity:

Member, State Bar of Texas, 1992-present
U.S. District Court Northern District of Texas, 1993
U.S. District Court Eastern District of Texas, 1993
Member, U. S. Supreme Court, Northern and Eastern Districts, 1992 - Present
Member, Denton County Bar Association, 1992 - Present
Chairperson, Denton County Lake Ray Roberts Planning Commission-2009 - Present
Mediation Training, Texas Mediation Trainers Roundtable, 2012
President, Denton County Young Lawyers Association, 2002-2003
Past President of the Greater Denton County Young Lawyers Association, 2001-2002
Vice Chair, United Way Campaign -Professionals, 1996
Director, Pilot Point Youth Sports Association, Inc. 2011 - 2013
Member, Denton Chamber of Commerce, 2001 - Present

Pro bono/Community Service:

Chairperson for the Lake Ray Roberts Zoning Commission 2011 - Present
First State Bank Advisory Board for Denton County, Texas, 2010 - Present
Director of the Denton County Bar Association 2014- 2015

Scholarly Lectures/Writings:

Denton County Trial Lawyers Association - "Residential Construction Defects - Following H.B. 730", 2005
Texas Advanced Paralegal Seminar "Pearls of Wisdom" - "10 Questions Concerning Residential Leasing in Texas", 2011
Denton County Paralegal Association - "10 Questions Concerning Residential Leasing", 2010
Denton County Paralegal Association Seminar "The Effects of the Barnett Shale on Denton County" - "Drafting a Mineral Lease", 2008
Denton County Bar Association "Practice Skills Course" - "New and Interesting Things in Texas Real Estate Law", 2005
Denton County Bar Association, Family Law Section - "Real Estate Transactions and Documentation", 2004
Career Day Speaker at Denton High School-Ryan
Denton County Paralegal Association - "Receiverships", 2014

Educational Background:

Texas A & M University, B.B.A., in Finance, 1989

Industry Groups

Denton County Bar Association
State Bar Of Texas

Find Me Online

Website - http://www.dentonlaw.com

Facebook - www.facebook.com/pages/Al…

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Office Location for R. Scott Alagood

319 W. Oak Street
Denton, TX 76201

Phone: 940-891-0003

Fax: 940-891-0004

R. Scott Alagood:

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Last Updated: 5/16/2019