Buying real estate is a big decision and is typically the largest transaction that most buyers and sellers will make. Buying and selling involves complex areas of the law that do not apply anywhere else. Generally, you do not need to hire an attorney to represent your interests in the transaction; most transactions can be closed without one. However, it is a good idea to use the services of a real estate law firm in a real estate transaction, although it may increase the cost. These are just a few of the situations in which it is particularly important to seek the services of a real estate law firm.
A short sale is the sale of real estate for less than the amount owed on the mortgage. In other words, the seller is “short” of money to repay the loan. It’s always a good idea for financially troubled homeowners considering a short sale to seek the services of a real estate law firm.
Typically, there are four requirements for short sale: The market value must have fallen, the mortgage must be delinquent or close to it, the seller must be experiencing financial hardship, and the seller must not have other assets that can be used to pay off the entire loan balance. If the seller has assets that could be used to repay the loan in full, the lender may ask the seller to pay them off and contribute to the payment. Some states protect sellers against this, and some things are not considered assets. A real estate law firm will fully evaluate the seller’s situation, determine whether the seller qualifies, and give legal advice on the best way to protect any assets the seller may have.
Lender’s Approval of Sale
In addition, it is essential that an attorney obtain the lender’s approval for a short sale and negotiate the greatest protection for the seller. Without the bank’s approval, or without ensuring that the seller is adequately protected from the mortgagee in the future, the bank may obtain a deficiency judgment. If a deficiency judgment is obtained, the bank may still pursue the seller in some way for the amount that the bank was short-circuited. The bank may garnish the merchant’s wages or withdraw money from the seller’s bank account. Unfortunately, this means that the seller not only loses his property, but also his bank protection in the future.
Often, more than one person has inherited real estate rights. When inherited property is bought or sold, many questions arise. The first question for sellers and buyers is often: “Who can sell the property?” Often, the answer to this question requires a full title search. Both parties may have additional questions. What if some heirs do not want to sell it? Can the property be divided and sold? Can non-compliant heirs be forced to “buy” the heirs they wish to sell? A real estate law firm can help any party ensure that the transaction meets all legal requirements and that their rights are protected.
Sometimes, one or more of the parties to the transaction is a partnership, corporation, limited liability company or other type of business entity. There are certain formalities and formalities that must be completed for any purchase involving real estate, but there are additional requirements when dealing with commercial entities. Commercial entities must submit specific documents to protect their interests. In addition, the statutes and regulations of the entity must be respected. Lawyers will understand the structures of the various business entities and will be able to protect it and ensure that the statutes and regulations are complied with.
Real estate law is multi-categorized and is governed by many different facets. “Real” refers to real estate. This is the land and things that are permanently part of the area, that is, what is united.
This also applies to anything “underneath”, so that if crude oil or natural gas is buried, the owner of the land has the first rights to the resource.
With property ownership, or the prospect of ownership, there are risks. Most of this is responsibility, responsibility to the state and those who border the property. For example, when buying a lot within the city, there are zoning restrictions.
A city may designate a certain size structure on the land, and if the owner decides to assemble a four-story Goliath mansion, the other owners of single-story ranch-style homes on that block may not be as happy, so is the city.
There is a great deal of property liability that goes to third parties as well, such as landowners who pay the mortgage on a home to a lender. This is probably the most common liability known. If the homeowner does not pay, then he does not pay the loan and the lender, like a bank, can claim the property as payment.