Real Estate Law
“Do you practice real estate law?” is a question we are frequently asked. Real estate law involves so many different types of documents, proceedings and suits. We have broad experience across a wide range of real estate legal concerns, some of which are:
- Title work - clearing title to real estate, in order to remove liens, or competing interests in order to sell or obtain clear title, or remove liens paid but not released;
- Probate - clearing real estate title when a deceased person is involved, whether through probate or an affidavit of heirship, or other means so the land can be sold or kept in the family;
- Conveyance - deeds, notes secured by mortgages, contracts for deed, joint ventures, gift deeds
- Sales, Purchases and Closings - from the initial Earnest Money Contract to Closing Documents –
- Lien removal. IRS liens, sales tax liens, judgment liens, child support liens;
- Boundary disputes;
- Homeowner Association Liens - enforcement and defense/removal;
- Restrictive Covenants - to enforce them or declare them invalid;
- Title by adverse possession - when you live on property and use it as your own without a deed, or via a defective deed, and want to claim full title;
- Sales misrepresentations in land/house sale contracts that have caused damage;
- Co-ownership agreements to use, develop or own land;
- Leases - preparation, enforcement and defense of commercial and consumer real estate leases;
- Mechanic’s Liens to be filed on real estate, either to file and enforce them, or to obtain their release;
- Foreclosures - both defense of foreclosure actions and other credit action, and performing real estate foreclosure for creditors;
- Lien/debt Priority Disputes between creditors;
- Repossession - to seize collateral or defend against it;
- Restraining Orders and Injunctions - to stop foreclosures or repossession or other action against real estate, or to obtain injunctions;
- Damages suits for damages to real estate;
- Protection of Real Estate through insolvency planning and other planning, including trusts;
- IRS Liens - negotiate the settlement, removal, release or payoff of IRS liens, via offer in compromise, release or other means.
- Financing of real estate sales;
- Home equity loan foreclosure defenses;
- Certain mineral rights disputes and transactions;
- Exemptions of real estate and personal property from creditors;
- Enforcement or removal of judgments or judgment liens against real estate;
- Landlord - Tenant issues of all types;
- Real estate document preparation-financing, sale, use, covenants.
The most important advice to hear in real estate transactions is “Put it in writing and get it signed.” The more you paper the transaction, the better. Sometimes this gets a matter settled without the need for suit or a trial, and saves you money. If it is important enough for you to want it, put it in the contract, and make sure it is signed.
The second most important item is the type of legal entity you use to own, use, develop or finance real estate transactions, to limit risk, obtain tax advantages, and maintain control.
We are a debt relief law firm. We help people file for bankruptcy relief under the Bankruptcy Code.