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The following article was published in our article directory on January 3, 2013.
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Article Category: Legal
Author Name: Arren Weathers
A real estate attorney can help a property owner in numerous ways. He or she can help from acquisition to selling. You may also use an attorney s service if you are facing some issues in ownership. Below are more details on some of the services an attorney could provide to property owners.
Title Insurance
When purchasing a real estate property, you may want to gain protection or assurance. You may want to protect yourself from defects and invalid agreements. A real estate attorney can help you obtain title insurance if the buyer does not pay for it. Normally, the seller is the one that purchases title insurance at closing but it is not required in several states. You can have your attorney negotiate for it if it is not included in contractual provision. An attorney can also sell you title insurance if the seller would not provide it or if you opt to skip negotiation.
Mortgage and Financing
Most of the time, a real estate property is purchased using mortgage or financing. You can go to a real estate attorney if you are facing problems with mortgage or financing.
The most common problem with mortgage is that the borrower/property owner gets into trouble paying the monthly mortgage fee. It is troublesome because non-payments can lead to law suits and foreclosure. However, an attorney can help you with negotiation for modification of mortgage term. It can be done by requesting for a longer term, changing or reducing the interest rate, and reduction or removal of the penalty fees. The attorney can also help you draft other financing documents for each transaction.
Title Disputes
If you own a property but other individuals or entities are claiming ownership, you can also go to a real estate attorney to see final determination regarding the property title. The attorney can also guide you through the process and discuss with you the consequences. Tax deed sales should be covered.
Seller s Disclosure
If you are selling your property, you can also go to a real estate property for the preparation of a Seller s Disclosure. It is a written disclosure of the property s physical damages or defects. Note that the buyers need to be informed and you may face problems when you don t give them a copy of Seller s Disclosure prior to closing.
Escrow
You can also rely on an attorney for escrow services. The attorneys specializing on real estate can serve as the escrow agent. They can hold a property and release it to the individual or entity you will indicate after your specified event (i.e. death or particular date). The attorney can also hold his or her client s money in an IOTA account.
Short Sale
A real estate attorney can also help with short sale when you can no longer make monthly mortgage problems and want to avoid foreclosure. A short sale can happen prior to foreclosure. In fact, it is an option to avoid foreclosure that shows on the credit report. An attorney can help you negotiate for an amount less than the outstanding balance and a deficiency waiver. He or she can also discuss the credit and legal ramifications of short sale.
Keywords: business attorney, foreclosure attorney, real estate attorney
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