Even if you've dealt with a real estate lawyer before, you may not be aware that they can handle a large range of problems for clients. If you're not sure whether you need to contact a real estate attorney, consider doing so in any of these situations.
Having a clean title for a property is a big deal. Buyers want to know the title is clean to avoid potential legal entanglements. Sellers will want to see a clean title to incentivize buyers. Even long-term owners may need to know what the state of the title is.
A real estate lawyer can conduct a title search. To search a title, you need to pull the records for a property from the county's registry.
You can learn a lot from a title search. The title should include information regarding land, air, water, and mineral rights. If there is a legally binding easement, that will be in there. Similarly, outstanding and unsettled liens and mortgages will be on the title.
If there is a problem, a real estate attorney can file paperwork to try to fix it. For example, a paid mortgage might still be on the title because a bank forgot to file the paperwork. The lawyer will ask a judge to cure the title so it reflects the current state of the property.
Transaction Insurance Policies
If you're buying or transferring a property, you should seek some protection for your financial interests in it. An insurance company can provide a policy to cover potential problems during the transaction process. However, you should ask a real estate lawyer to help you choose the right type of policy for your situation.
Contracts, Sales, and the Closing Process
Given a property deal typically is one of the bigger financial transactions a person will undertake, they will likely want to handle it with care. This includes having a real estate attorney draft a contract for the sale. Also, a buyer may need to make arrangements with a financial institution to cover a mortgage.
Likewise, a lawyer can structure the closing process to protect the rights and interests of their client. This includes using an escrow process to safely transfer the money, title, and keys. A party will deposit the money in escrow. Once the escrow company confirms receipt, they will tell the current owner to transfer the title and keys to the appropriate parties. If a mortgage is involved, this may include an extra step putting the title in the bank's possession to cover the loan.Share
13 January 2022
The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.