Archive for the ‘Real Estate Law’ Category

Facts about Foreclosure

Monday, September 19th, 2011

Foreclosure is a term used to refer to a situation where the right to redeem a mortgage by a morgagee is taken away from him or her through some legal processes. There are so many factors that can lead to foreclosures. Most of the time it is caused by the inability of the morgagee to make payments as agreed. However, there are some sellers who foreclose voluntarily while some foreclose because of the circumstance beyond their control. If a seller is fired from their job, the person may not be able to pay again and such a situation may lead to foreclosure. Medical conditions which make a person inactive again can also give rise to foreclosure.

One thing that can cause foreclosure is too much bill and debt on the part of the seller. They can make the seller to foreclose. Sometimes such issues as divorce can also lead to foreclosure. Divorce can lead to misunderstanding between co-owners and this can lead to foreclosure. Besides the above there are other reasons which can make somebody to foreclose.

There are certain factors that you need to consider before you can buy foreclosures. Most people do buy foreclosures before the foreclosure processes are finished. Whatever be the case you have to take into consideration the fact that foreclosure regulations and proceedings differ from one country to another. It can also vary from one state to another. Some states make use of mortgages. In such states the owner are given a long period of time which can be up to one year to look for alternative shelter or to pay up before the right for making use of the property is withdrawn from the person. In other states where trust deed is used, the home owner has little time to stay in the home before he or she loses the right to occupy the home legally. Sometimes it may not be up to 4 months before the trustee can sell the house.

Sellers are given some period of redemption within which they have legal right which cannot be revoked until the time of redemption elapses. The duration for this period of redemption differs from state to state. In some states the period of redemption is longer while in some the period is smaller. In the light of the above you have to know what your state law says about foreclosure before you purchase it otherwise you may be making some mistakes.

Foreclosure is not done abruptly. It is expected that the buyer should notify the seller on time before buying the house. In some states it is illegal to buy foreclosures without informing the seller properly. If such is done, it can lead to sanctions, cancellation of the sell in the law court.

Foreclosure has continued to raise some dust among people. Some are of opinion that it is morally bad for buyers to take advantages of the sellers’ predicament while some people are of the opinion that it is purely business. There is no question of morality in it.

Reference: Real Estate > All you need to know about Foreclosure

How to get the best Real Estate Attorney

Tuesday, September 13th, 2011

The importance of real estate attorneys cannot be overemphasized especially in areas where there are a huge number of people. There are many real estate business scams. It is not always easy to differentiate between an authentic real estate agent and a bogus one. This is why real estate attorneys are very essential in such business. They will make sure that their clients are contracting a good deal. They are quite aware of the implication of giving bad advice to their clients. So, they will make sure that you are properly guided.

However, you have to be very careful while choosing a real estate attorney. Our society is a multifaceted society. Consequently, lawyers have their areas of specialization so that various aspects of our society will be taken care of. There are lawyers who specialize in real estate issues. While choosing a real estate lawyer there are certain things that you have to consider. The first thing to take note of is what has been said above. Lawyers are not the same. Do not be misled by some lawyers who claim that they will handle all cases. Yes the may have the legal backing to handle any legal issues, but it is always right to hire a professional.

Hiring a professional attorney that is an attorney who specialises in real estate issue can be likened to seeking for medical help from a specialist in your case. The same is applicable when you hire a lawyer who does not specialize in real estate issues. The attorney may end up taking your money without giving you efficient services.

If you are looking for the best real estate attorney, there are options to you. Once you have taken care of the above, the next task facing you is getting the best attorney who will give you efficient services. There are so many attorneys in the states, but some are more experienced and widely known than others. You need to get those ones that are experienced and more reliable.
To do this, you should ask your friends, colleagues and family members who have encountered such issues before to help. Do not underrate them. You may be surprised at the information they will give you.

However, you should find out why they are recommending the attorney for you. If they are recommending an attorney for you simply because the attorney is their friend, do not take such recommendation. You should always remember that you want a lawyer that will help achieve the best. The ultimate criteria for such a lawyer should be based on experience and nothing more. It may cost you some money but you have to pay the price to get what you want.

You can also ask a real estate broker to help in that regard. Always find out why a person is recommending a lawyer to you as explained above. Check directories of the real estate attorneys to find out if the attorney that you want to use is listed. Always consider their prices before making your selection.

Also see: Real Estate Law > How a Real Estate Attorney can Help