Category: Real Estate Law

A closing attorney can be defined as a real estate attorney specializing in the closing of property transactions. He is responsible for the examination of the property title and resolving all issues that could arise before a property close. The attorney also reviews and explains all documents to be signed so they are accurate and well understood to the parties involved in the process. Real estate closing can get complicated and thorough law knowledge is required hence the need to have an attorney handle the process for you.

The Duties of Your Closing Lawyer

An experienced and qualified real estate closing lawyer understands all matters appertaining to real estate including mortgage requirements and procedures. He will therefore be in a position to connect you with the best lenders depending on your needs.

It is the primary function of the lawyer to ensure that the good title of the property is transferred. By good title it means genuine and valid title and this calls for a title research where he examines plats, probate records, surveys amongst other legal documents.

In case the title has defects, it is upon the lawyer to attempt to have the errors corrected to put everything in order for you. He should contact involved parties to sort problems that develop during the examination so that there are no delays in the scheduled property closing date.

Retaining your attorney can be of great help since you know that you have someone to turn to for complex legal matters and when complex financial matters arise with the property. The lawyers are helpful both for buyers and sellers and take the responsibility of making sure that everything goes smoothly throughout the closing process.

The lawyer ensures that all closing formalities are approached in the most professional way ensuring that nothing is left to chance risking future problems after the close. He examines all documents, contracts and agreements between buyers and sellers for the best interests of the client.

Hiring a Closing Attorney

There are so many real estate firms today and probably the first thing you should do to get the best closing attorney is to find the most reliable firms in your locality. Look at the reputation of the firm and determine the potential it has in meeting your needs.

Considering that closing is a process that will be handled by an individual lawyer, make sure that you check the team that the company is made up of. Look at the individual lawyer qualifications and competence so you can have a say on the attorney the firm selects for your needs or the one you get to choose for the services you need.

Also important to check is the experience that the closing attorney has and the number of successful closings he has handled in the past. Skills are also important and you should ask questions regarding issues that could arise during the closing and what steps the lawyer will take to put things in order for you.

If you rent a home there is always the chance you could find yourself evicted if the landlord falls behind on their mortgage. This in turn would give the lender the ability to evict you and anyone who lives in the house.

If the lender has been granted a repossession order then you have no right to stay in your home. However, there are some ways that your tenancy may be binding on the mortgage lender:

• The landlord’s lender agreed to the tenancy
• When the landlord got a mortgage you were already living there
• The lender has asked you to pay rent – therefore recognizing you as a tenant and your tenancy

It is also possible to delay the repossession by up to two months if you live there. This gives you time to move out and find a new place to abode. In such a case the CAB office nearest to where you live can offer you advice on how to deal with your affairs.

Binding Tenancy

If your tenancy is not binding, then there are a couple of ways to increase your time there by up to two months. The first thing that happens is the judge issues a possession order – this allows the lender to take ownership of the home and that you’ve to leave by a certain date.

Before this happens it’s often best to apply to the court as it will encourage the judge to postpone the date by which you need to leave. This costs a fee, but it may be waived if you’re on income support. Your nearest CAB office can offer you with details on the issue.

If you didn’t apply before the possession order was made then you can also delay the process when the lender applies for a Warrant of Possession. This is the law that gives a bailiff the right to remove you from your home.

Notice

The lender needs to send you a notice of a home to say that it’s applying for a warrant before they do – this is known as the notice of execution of the possession order. Here you can ask the lender to delay the eviction before repossession for the 2 month period. If the lender doesn’t allow this you can still ask the court for consideration. However, this must be done within two weeks or 14 days from when the notice was sent to your home. You may be still asked to make rents until you leave the home and it is sold by the lender. It is only possible to delay repossession for up to two months.

The lender is obliged to send you a letter to tell you about the court hearing in advance. However, you may not always be aware of the problem until the court then sends a notice to your home. This will have a date of possession and you will have to have vacated by this date. The lender will just change the locks otherwise. If you still have things in the property after this point consult the bailiff or lender to collect belongings.

This is how to deal with a repossession of a landlord’s property if you are a tenant in the UK.

A deed of trust is a term for a document which has a specific legal meaning in the United States not shared in other parts of the world. It means that the value of land or so called real estate is transferred to a trustee who holds the land or real estate as security in relation to a loan. The usual language used to describe the person borrowing the money is that of trustor whilst ‘beneficiary’ is the word used to describe the person that benefits from the deed, or in plain English the person or institution that lent the money.

This type of legal document is only relevant in a few states. The states which usually use this type of deed are Alaska, Arizona, Arkansas, California, Colorado, the District of Columbia,Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia. The other states in the United States tend to prefer the use of mortgages to secure the interests of lenders in relation to real estate transactions. Theoretically, the loan to which this type of deed relates is created in such a manner that lending institution or person transfers money to the trustor so that they may purchase the property so that the purchaser may then transfer this money to the person selling the property and the seller then executes a grant deed followed by an accompanying trust deed executed by the purchaser to create the trust deed. However, the usual practice is that the property is put into the hand of an escrow holder until the funds are available and the grant deed and deed of trust are in the possession of the escrow holder to enable the reversal of the purchase if all of the necessary elements do not fall into place.

A trust of this type is certainly distinguished from the nature of a mortgage because this type of property document revolves around three parties. A mortgage is only ever between two parties. Also, a trust of this nature does not actually involve a transfer of title from the mortgagor to the mortgagee in the way that a mortgage does. Usually, the method of documenting a deed of this nature is with the county clerk near the location of the property. This enables the searching and registration of encumbrances and interests in the relevant property such that it is possible to have an open system of property registration.

Do you need to evict a tenant?

Are you a landlord experiencing problems with your tenant? Perhaps your tenant stopped paying the rent. Maybe your tenant is violating a term of the rental agreement, such as smoking or having pets when the lease says that smoking and pets are not allowed. Or perhaps your tenant is damaging your home or causing a nuisance with the neighbors. If any of these scenarios sound familiar, you may need to evict your tenant.

The first necessary step for a successful eviction predicated on any of the above reasons is the 3 day eviction notice. A landlord is required to draft and serve the termination notice on the tenant prior to beginning an eviction case in court. The notice is an absolute prerequisite for an eviction case that is based on any of the above reasons. Furthermore, the landlord and tenant may NOT contract away the notice requirement. Any provision in the rental agreement that says a 3 day notice is not needed is unenforceable.

It is crucial that the termination notice is filled out correctly. An incorrect termination notice could invalidate your entire eviction, costing you more time and money because you would have to start the process over from the beginning. If you do not include the correct information on your termination notice, or if you serve it incorrectly, you are likely to lose your eviction case. The courts in Los Angeles are very strict about making sure the notice is accurate. If you have any doubts as to the legality of your notice, consult a legal professional immediately.

The type of 3 day eviction notice that you serve on your tenant will vary depending on the reason for eviction. For example, if your tenant is behind in the rent, you would serve the tenant with a “3 Day Notice to Pay Rent or Quit.” This means, within 3 days of properly serving the tenant with the notice, the tenant must either pay the rent that they owe, or move out of the house. If your tenant is violating a term of the rental agreement, you should serve the tenant with a “3 Day Notice to Cure Covenant or Quit.” This type of notice gives the tenant 3 days to fix their violation. It is important to note that if your tenant “cures” their violation within 3 days, whether they pay their rent or comply with the terms of the rental agreement, you cannot evict them based on the 3 day notice if they have corrected the problem.

There is another type of termination notice called the “3 Day Notice to Quit.” This type of termination notice does not allow the tenant to “cure” their violation. This can only be used if the tenant is damaging the property, causing a nuisance, or illegally assigning or sub-leasing. Strict guidelines must be met.

Regardless of the type of 3 day notice used, landlords must be sure to include the proper language in the 3 day notice and serve the 3 day notice correctly. Failure to do either may cause the landlord to lose the eviction case. Read more about how to evict a tenant.

New York’s rent regulations have produced all sorts of strange ways to think about real estate. So while a recent court decision does not necessarily make the city’s housing market better in any way, it at least makes a formerly implicit result an explicit one.

The case, as reported by Bloomberg (1), concerned a New York woman who filed for bankruptcy in 2012. A federal judge determined that the value of the lease for her rent-regulated apartment was part of the bankruptcy estate, and thus the landlord could buy the lease from the trustee. The landlord had previously sought to buy out the tenant, who was not interested.

The tenant appealed to the Manhattan-based Second Circuit Court of Appeals. The federal appeals court, in turn, asked the New York Court of Appeals (the state’s highest court) to weigh in on whether tenant privileges under rent regulations are assets subject to bankruptcy proceedings.

The state court concluded last November that they are not, and that a bankruptcy trustee is not allowed to sell them. This decision was adopted in the Second Circuit’s ruling last week, which stated that “a below-market lease is exempt from creditor claims as a public benefit.” (1)

Think about that. Rent-regulated apartments in New York are owned by private parties, but the right to live in them is now considered a “public benefit” afforded by the state – which has never bothered to take the step of actually paying for what it bestows on some of its luckier citizens.

Opponents of New York’s rent regulations, which have been on the books in various forms since 1947, have contended in the past that the rules amount to a taking of private property without compensation. Previously the state resisted this characterization. But now the state is arguing on public policy grounds that a tenant’s right to lifetime renewals of a rent-stabilized apartment lease, along with the right to pass that lease to members of the tenant’s household, is in fact a benefit being conferred by the government. The state court called rent-stabilization rights a form of public assistance, and the Second Circuit followed suit in characterizing them that way.

This, of course, is what New York property owners have known all along. But in this particular case, the real loser is not the tenant’s landlord, who at least understood the deal when he bought the property and offered it for rent. Despite the argument of the Rent Stabilization Association of New York City Inc., a landlord group that called the state court’s decision a “radical interpretation,” (1) it is effectively business as usual for landlords shackled by rent restrictions. The real losers are the tenant’s other creditors, who are required to absorb a loss due to the tenant’s bankruptcy because the landlord is not permitted to buy out the tenant’s lease and thus make the creditors whole. In that respect, too, New York confers benefits to tenants at the expense of private parties: in this case, various creditors.

“Public benefit” thus joins “housing emergency” on the list of phrases that mean something substantially different in the context of New York than they do in the rest of the country. Rent stabilization may indeed benefit individual members of the public – but the state has no part in providing it other than enforcing the laws that require private property holders to offer the “public” benefit to tenants. Elected officials love to confer public benefits that don’t require them to raise taxes or approve a budget line-item.

All of which goes to explain why the 1947 rent regulations and those that followed remain a political if not a practical necessity. It is the reason nobody wants to build rental housing for New York’s masses when that housing is commandeered by the state to provide a benefit for tenants at landlords’ expense. And it is the reason a “housing emergency” that was born out of the Great Depression’s construction slowdown and then the return of World War II veterans to the city’s tenements continues to this very day.

Source:

1) Bloomberg, “NYC Landlords Can’t Touch Rent-Controlled Flats: Bankruptcy”

“Why would I pay for something when I can do it myself – for free?” That’s the question most folks ask when someone suggests hiring a real estate lawyer. Here are five compelling reasons to rethink this inquiry.

1. Contracts Are Complex

There is absolutely nothing that prevents buyers and sellers from negotiating the terms of an agreement on their own. But to make it legally binding, they must memorialize their agreement in writing. In addition to transcribing the actual content of the contract, an experienced attorney will also ensure that it adheres to all state laws. While it is true that real estate agents can help with standard contracts, they may not have the legal knowledge or experience needed to catch serious errors before an agreement is finalized. As such, it is often a good idea to have the contract reviewed by an attorney before either party signs it.

2. Liens May Be An Issue

Anybody can put up a “for sale” sign, but not every owner has the right to sell. Because it is often a family’s largest asset, the home is an obvious target when creditors are owed money they cannot collect. Whether that creditor is a bank or the IRS, property and judgment liens may stand in the way of a sale. As they are a matter of public record, anyone can search for them. But since they work closely with title search companies, attorneys can provide this vital service much faster and at a much lower cost.

3. Paperwork Must Be Filed

Even the simplest land deal requires both parties to file paperwork at the state and/or county level. An experienced real estate lawyer will make sure all legal documents are submitted quickly and efficiently. Most importantly, he or she will ensure that the real estate deed is filed with the appropriate state agency, and that it is duly recorded. Failure to complete this crucial step could prevent a new owner from selling the property, taking out a home equity line of credit, or refinancing the mortgage.

4. Government Red Tape

When the transaction involves a commercial property, there are several additional steps a new owner must take. An experienced real estate lawyer can help in establishing a valid business entity, obtain a tax identification number, and secure an actual business license through the local municipality. All of these important actions can help the new owner focus on the grand opening, rather than wasting time on government red tape.

5. Emotion Clouds Judgment

Unlike the real estate agent who is motivated by commission to make a deal happen, a reputable attorney has no such conflict of interest. He or she simply dispenses advice based on the law, not on individual wants and needs. That kind of dispassionate, level-headed presence is often sorely needed during negotiations.

An experienced real estate lawyer can help save buyers and sellers time and money on property transactions.

There are times when a real estate lawyer is extremely helpful in managing your property ownership. Although many realty transactions are handled through listing agents, there are occasions when these representatives’ knowledge base just is not adequate. Realtors typically attend training for less than a year, while attorneys are required to attend law school for four years post-college. The extensive training of an attorney gives them the ability to advise clients on an array of subjects.

Contracts are complicated documents, to say the least. The language in a realty contract must be gone over with a fine-tooth comb. Even if an individual carefully reads every word, some of the language can be quite confusing. For one thing, these documents are written in legal-speak, which is not something the average citizen has experience with. Furthermore, property sales are not only complex financial maneuvers, but also often involve emotional upheaval. When people buy or sell their homes, it can tug at their heartstrings. It is easy to miss something in a heavy legal document when you are purchasing your dream house or selling a beloved home. A real estate lawyer is a level head who can help clients navigate the bumpy waters of acquiring or releasing a “home sweet home.”

Property boundary disputes are another area where having a seasoned real estate lawyer on your team is a major plus. Imagine you buy a cabin in the woods. With no fences or close neighbors, you may be under the impression that you are king or queen of the forest, that is, until a neighbor shows up claiming he has inherited the piece of land right behind your house. When conflicting claims arise regarding boundary lines, it is necessary to have a land survey performed, records checked, and a knowledgeable attorney on speed-dial.

Tenants and landlords also need guidance in the vast sea of property negotiations. Both the landlord and tenant have certain rights, and these rights vary from state to state. For example, in some states, a landlord must give 48 hours notice before entering the property, or a 5-day notice if eviction seems imminent because of unpaid rent. A renter has the right to privacy in his or her rental space, provided certain stipulations are met. Sometimes misunderstandings occur and it takes a trained legal mind to effectively sort everything out. When a person’s home is involved, whether the residence is owned, leased, or rented, contractual language must be followed to the letter of the law.

When a real estate lawyer goes to school, he or she learns about leases, purchases, and sales of property. Lessons also are taught on zoning, tenancy agreements, eminent domain, and mortgages. In addition to classroom academics, attorneys gain valuable experience by clerking in law offices and spending time in courtrooms. When push comes to shove in the world of property, wouldn’t you rather seek guidance from a professional who has trained for years rather than none?