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Real Estate Exhibits for Texas Courts

Texas real estate litigation—including title disputes, foreclosure defense, boundary issues, and broker disputes—requires careful documentation under Texas Property Code and TRCP discovery rules. With 254 counties and strong homestead protections, understanding Texas-specific requirements is essential. This guide covers exhibit preparation for property cases in Texas district courts.

eFileTexas30 days before trial (TRCP 194.4)Texas Property Code, TRCP 194

Texas Quick Reference

E-Filing SystemeFileTexas
File Size Limit25 MB
Exchange Deadline30 days before trial (TRCP 194.4)
Primary RuleTexas Property Code, TRCP 194

Common Real Estate Exhibits in Texas

Deed and chain of title documents
Title commitment and title policy
Survey and plat maps
Purchase contract and amendments
Inspection reports (home, pest, structural)
Closing disclosure and settlement statement
Mortgage/deed of trust documents
Homestead affidavit and declaration
Property tax records
HOA documents and assessments
Correspondence between parties
Photos of property condition

Texas Real Estate Tips

  • 1Texas homestead protection is constitutional - include homestead affidavit for foreclosure defense
  • 2Harris County (Houston) has specific pre-trial exhibit exchange requirements
  • 3Dallas County real estate cases often go to specific courts - check local rules
  • 4Texas requires 30-day expert exchange under TRCP 194 for property valuation disputes
  • 5Title disputes require complete chain of title - go back to patent if necessary
  • 6eFileTexas is mandatory - ensure survey images are high resolution in PDF
  • 7Bates stamp all closing documents for deposition and trial reference

Common Real Estate Filing Mistakes in Texas

Incomplete chain of title - missing key conveyances can be fatal to title claims
Poor quality survey copies - must be legible for boundary disputes
Not including the original title commitment showing exceptions
Missing HOA declarations and amendments in HOA dispute cases
Failing to include homestead affidavit in foreclosure defense
Not organizing exhibits chronologically for transaction timeline

Real Estate Exhibits in Texas: FAQ

What exhibits are needed for Texas title dispute litigation?

Title disputes require: (1) complete chain of title from grantor to grantee, (2) title commitment showing exceptions, (3) survey showing boundaries, (4) deeds in question, (5) any title insurance claims. Go back to the patent or common source of title if ownership is contested.

How do I document Texas homestead protection in foreclosure defense?

Include: (1) homestead affidavit/declaration, (2) driver's license showing address, (3) voter registration, (4) utility bills proving residence. Texas Constitution Art. XVI § 50 protects homesteads - lenders must prove valid exception.

What are eFileTexas requirements for real estate exhibits?

eFileTexas requires PDF format, 25 MB maximum, and clear document naming. Surveys and plats should be high-resolution scans (300+ DPI) to ensure legibility. Large survey files may need to be filed as separate exhibits.

How should I organize closing documents as exhibits?

Organize chronologically: (1) original contract, (2) amendments, (3) inspection reports by date, (4) title commitment, (5) closing disclosure, (6) recorded deed. Bates stamp each page for easy reference during depositions.

What expert exhibits are common in Texas real estate litigation?

Common expert exhibits include: property appraisals (market value), surveys (boundary disputes), structural engineering reports (defect cases), and title expert opinions. Exchange 30 days before trial under TRCP 194.

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