Real Estate Law

Real Estate and Property Law covers an extensive legal area which can often overlap with Contract Law. Real Estate Law covers tangible property, plants and land as well as the interests and benefits that are considered legally attached to that said property.

Our law firm represents companies and trustees regarding Real Estate transactions both within and outside of Bankruptcy and Foreclosure Actions.  We assist with research, litigation, and dispute resolution on all aspects related to Real Estate, both buying and selling. Here are the divisions of Real Estate and Property Laws that our Law Firm practices:

  1. Rights and Interests in the Real Estate – If you are a homeowner, you have rights to your property. Some of those rights include enjoyment, exclusion, dispossession, possession and control.
  2. Sales, Purchases and other Transactions (such as Transfers) – This includes the sale of a home, the purchase of a home and transactions. While we are not Real Estate Agents, you may want to have a lawyer present with you or during the entire transaction of purchasing/selling the home/unit/other property. It is a good idea to establish the difference between a Quickclaim Deed, Bargain & Sale Deed and a General Warranty Deed before signing any paperwork.
  3. Liens – A lien can be placed on your property for the non-payment of a contractor (ex: you installed new countertops on your kitchen, but have not paid) – If there is any reason a lien has been placed on your property and you deem it inaccurate, a mistake or false, you can defend your property.
  4. Landlord / Tenant Rights – Both landlords and tenants have rights and rules to follow, either by regulations set by them or state regulations. While it is true a landlord has access at any time to your rented property, the tenant must be notified and the hours must be reasonable. Landlords are responsible for the maintenance of the property; the tenant is however responsible for notifying the landlord in a timely fashion. All these rules apply. This division can also relate to commercial and residential evictions which have state laws of their own.
  5. Homeowners Association (HOA) – The HOA has a interest to your property in any legal matter before you, including foreclosure. They will be a said interested party if a lawsuit is filed against you. They can also be the party that files the foreclosure if you do not pay the monthly or annual HOA fees. If there are circumstances that developed such as hardships or natural disaster, notify your HOA immediately. They do try to work with you as they do not want to spend legal fees! They would rather develop a payment plan than foreclose upon you. Consult an attorney if you do not know what or how to go about your specific situation.
  6. Property Development: Zoning and Land Use – Communities need control of how land is used, and the type and use of structures constructed in their area. This is done with zoning codes and zoning permits. The purposes for which land can be used, as well as the type and look of structures are controlled this way. Zoning codes affect such things as lot sizes, uses of land, structure types, structure sizes, style of buildings, density and conservation of resources.
  7. Home Loans & Foreclosures – This department can affect your credit history and the ability to purchase a home if you have already gone through a previous foreclosure due to the housing market collapse. Don’t be afraid to fight for your house. Let us help you fight the foreclosure or obtain a loan modification. If you want to short-sale a property, even an investment property, consult a lawyer before making any sudden requests/changes.
  8. Title Insurance – During the real estate purchase process, the title company will search the public records, and issue what is called a title insurance commitment or a title insurance binder. This document binds the title company to issue the insurance policy subject to the requirements being met. The list of exceptions are those items that will not be covered.
  9. REITs – We understand the complications of assisting companies and individuals for Real Estate Investment Trust (REIT).  REIT’s can be both privately or publicly held.

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