Category Archives: Real Estate Law

Stop Foreclosure By Contacting A Real Estate Attorney

It’s happening everywhere. People are suffering from the effects of the downturn in the economy. Some are even losing their homes to foreclosure. Nothing is more disquieting than being thrown out of the home you have worked long and hard for, to provide the best for your family. When foreclosure seems imminent, be sure to check with a real estate lawyer, so you will know what your rights are when it comes to this disturbing prospect.

A real estate attorney will be able to review the details of the planned foreclosure, and lay out all your options, so that you can set up a plan of action to either stop the foreclosure, or find another place to live.

Many of the foreclosures that are occurring today are the direct result of some predatory activities that some lenders engaged in during the past. If you were a victim of some of these less than honest practices, you may have legal recourse, and could possibly save your home.
One of those practices that comes to mind is the adjustable rate mortgage, which began with a mortgage payment that home buyers could afford, but after a specified amount of time, the interest rate increased, sometimes doubling or tripling, making the mortgage payment increase as well. That increase has caused many people to lose their homes to foreclosure.

A real estate lawyer is your best answer to whether or not you have been a victim of any fraudulent lender practices, and will be able to advise you on the next best step to take to find a remedy. You should not have to suffer due to someone else’s greed.
A real estate attorney has the expertise, training and experience to help you get through the process and many times they are able to offer a solution that will help you deal, satisfactorily, with the your foreclosure process. Many times they are able to help the home owner stay in their home.

Often times, when foreclosure notices are received, the home owner chooses to dismiss it as not being possible, or to just ignore it, in hopes that it will go away. This is the worst thing that can be done, if there is any feasible way of preventing it from happening to them.
Don’t ignore your foreclosure notice if you have received one, contact a real estate attorney right away, and let them show you what can be done to stave off a foreclosure of your home. Following the advice of a real estate lawyer, you may be able to find a solution that is right for you.
One solution may be to refinance the existing mortgage, at one of the lower rates that are available today. In this case, you would be able to decrease your payments dramatically, to be better able to afford staying in your home.

The main thing to understand is that when faced with a foreclosure, you should not just do nothing. Doing so, only sets you up for failure.

Landlord Tennant Lawyers

A landlord and tenant lawyer specializes in dealing with landlord and tenant issues. This can be a complex area of law and if you need any assistance in this complex area, your best source of assistance are landlord – tenant lawyers.

As a tenant, when you are entering into a lease agreement with the property management company or the landlord, you should always consult with an experienced landlord – tenant attorney. If the agreement is prepared by the property management company or the landlord, landlord – tenant attorneys can advise tenants on clauses in the agreement that might adversely affect their rights. In any such agreement, a landlord – tenant lawyer will closely review the terms of the agreement especially those dealing with eviction, tenant’s rights and deposits.

Once you occupy an apartment or home as a tenant, you have certain rights. Your landlord cannot lock you out of the property, interfere with your utilities, take away your possession or threaten you. If you face any such problems with your landlord or property management company, you should immediately consult an experienced landlord and tenant lawyer. Landlord – tenant lawyers can ensure that your rights as a tenant are protected. If you are facing eviction as a tenant, then you should immediately consult with an experienced landlord – tenant lawyer. The lawyer can review the steps taken by the landlord to see if they are in accordance with the law. If the landlord has not proceeded according to law, the lawyer will challenge the actions of the landlord and protect your rights.

Landlord – tenant lawyers also provide assistance to landlords. As a landlord you should hire the services of an experienced landlord – tenant lawyer if you are renting your premises.

An experienced landlord – tenant attorney can assist landlords by helping them draft the rental agreement and ensuring that the rights of the landlord are protected under the agreement. In case of any breach of the terms of the agreement by the tenant, the landlord – tenant attorney will take the necessary steps to enforce the agreement and to protect the rights of the landlord. Landlord – tenant attorneys or real estate lawyers can also help in evicting tenants. Sometimes, tenants refuse to abide by the terms of the rental agreements. In such cases, as a landlord your best source of assistance is an experienced landlord and tenant attorney.




Hiring a Real Estate Attorney

You will need the services of a real estate attorney if you are buying a home. A real estate attorney has expert knowledge about the laws governing the process of home buying. A real estate attorney can play an important role in your home purchase transaction. You are not legally required to use the services of a real estate attorney while buying a home. However if you hire a real estate attorney to assist you, the process will be a lot easier.

Whenever you buy a home, you will be required to sign a contract with the person selling the house. This contract is legally enforceable. This contract will bestow certain rights and obligations on you. This is where a real estate attorney can play an important role. To prevent problems and save both time and money in the future, it is important that you understand your rights and obligations under the contract. The real estate attorney can explain your rights and obligation under the contract.

As the person who hires the real estate attorney, you can determine the role of the attorney in the entire process. The attorney’s role can be as broad or as narrow as you want it to be. Generally the real estate attorney will prepare the agreement with the realtor, your purchase agreement and the closing agreements. It is important that the seller has a title that he or she can legally transfer to you. The attorney will check the seller’s title. The attorney can also inform you about covenants and liens against the property. Once the required legal documents are signed by you and the seller, the real estate attorney will register them.

A real estate attorney will assist you complete the home buying transaction as required by law and ensure that you get a title that is legally valid. The attorney will ensure that all required documents are properly executed and delivered and the sale consideration is paid the time of closing. The attorney will also advise you on your options incase the transaction fails. The attorney will ensure that your transaction complies with all federal, state and local laws.

Hiring a real estate attorney when you are buying a home will give you peace of mind. The attorney will ensure that interests are protected and any legal problem that arises during the transaction is sorted out. In the absence of an attorney you may enter into a deal that can cause legal problems for you. A real estate attorney can advise you in the legal consequences of every decision you take during the transaction and also on the outcome of any litigation.

Every home buying transaction must comply with local, state and federal laws. When you have a real estate attorney assisting you, you can rest assured that your deal with comply with all the laws. You will receive proper advice and protection at every stage of the transaction. An attorney need not have any specific educational qualification other than a JD degree from an American Bar Association accredited law school to become a real estate attorney. In the long run, the cost of paying the real estate attorney’s fees will prove cheaper than fighting a long drawn legal battle if the deal does not materialize.


Commercial Real Estate

Real estate transactions are rising in America after a period of hibernation. Investing in commercial real estate is not easy at all. Hiring the services of real estate lawyers will prove to be greatly beneficial to those who want to buy commercial land, as such a purchase is more expensive than investing in residential real estate of the same size; moreover, there are more technicalities. The buyer and the seller may not be aware of all the rules of buying land and unless everything is done according to the current real estate laws, the transaction will be withheld. It is almost impossible for one who has not studied commercial real estate to keep track of all the rules and regulations of real estate especially the updated ones, so for this, he approaches a competent lawyer.

There is a common and tempting trend among people to reduce the value of land artificially during transactions. The price mentioned in the real sale may not be even near the actual value of the property. Real estate attorneys generally advise their clients against such a move because it will, in the end, prove detrimental to the buyer’s interests.

There are several federal and state regulations regarding the sale, purchase and lease of a particular property especially when it comes to commercial buildings. The rules might be the same in some areas, but there will be variations when it comes to different states. Lawyers are well versed in the special rules of the state they practice in, so they will be able to guide the buyer through the whole process. Foreign buyers are encouraged to enlist the services of competent real estate attorneys, because being from a different state or nation, they cannot know the tricks of the trade. Such people could be taken for a ride if they don’t have someone knowledgeable to guide them. The attorneys will advise the buyer each step of the way and resolve issues as they come along.

Real estate lawyers will have an idea of which lands have a property dispute and which are safe to buy. They are authorized to take action on the behalf of the buyer and with their updated knowledge in law, they will review the land, check whether the price agreed upon is fair, check the documents and records of the land in question, negotiate with opposing parties, if there are any, and arrange for the buyer’s insurance. The buyer should be armed with credible information when it comes to investing in real estate. For that purpose, the buyer should never withhold information from his lawyer and bring with him all the relevant documents and papers related to buying land.

Finding real estate lawyers is not a difficult task at all. Several websites can provide one who wants to buy real estate with the right information when it comes to hiring an attorney. Seeking guidance by reading the reviews of past clients to acquire the credentials of a particular lawyer will also protect the buyer from making an expensive mistake.