Category: Real Estate Law

How Attorneys Assist in Foreclosures

Costa Mesa, California is a largely populated area that has seen a large rise in foreclosures. Many people are seeking the help of Foreclosure Attorneys in the Costa Mesa area to help them keep their homes. The court systems are getting so backed-up that it is impossible to keep up with the amount of foreclosed homes by the banks and other financial institutions. To date there are 2,784 foreclosures, 3,639 pre-foreclosures, and over 4,000 bankruptcies on the court docket.

When you are faced with a foreclosure on your home, it is wise to seek out a Foreclosure Attorney who can help put a stop to the foreclosure process, and assist you with your rights. Many people who have lost their jobs in the Costa Mesa area may find that their unemployment insurance is soon to expire, and might be wise to seek the council of a lawyer before they get put into foreclosure. It is easier for an attorney to take action on your part before you have been foreclosed.

It is not impossible for lawyers to help you after the foreclosure, but it is much safer to contact an attorney beforehand. You need a Foreclosure attorney in order to get good advice on your situation, and if you can, save your home. In the California area most foreclosures are the non-judicial foreclosures. When this type of foreclosure takes place, it is not necessary for the bank or lending institution to take you to court.

What has happened is, that when you signed the deed of trust you have given authorization for our banking institution to sell your property in order to satisfy the demands of the loan. This is a procedure that is called foreclosing on your property. You know in advance if you have not made your mortgage payments, and how many you can miss before the financial institution can start foreclosure and sell your property.

When you have been notified that your home loan is in default in Costa Mesa, then you should immediately consult with lawyers to find out what you can do to save your home from being foreclosed. There is good news for property owners in that President Obama has a new stimulus package to help save homes from foreclosure.

The process is complicated, and it does take the expertise of a foreclosure lawyer to help you apply for the package deal that the President has made available to homeowners. The Foreclosure Attorney will need to work with your financial institution, whether or not they are in Costa Mesa, to get them to lower your interest rate, and your monthly payments, so that you will be able to make the payments on your home. This process requires that you do have some sort of income in order to make the monthly payments. The financial institution will be entitled to a certain percentage of your income each month to be applied towards your mortgage.

These are all legal process’s that only a Foreclosure Attorney can attend to, and help you to prevent you from losing your home. You need to find out from your attorney if you qualify. The attorney will need to find out if your financial institution is willing to work with you, and what their requirements are before any formal arrangements can be made. When the Foreclosure Attorney takes your case, they will advise you of your rights, and what procedures that you may follow in order to comply with the foreclosure laws.

Real Estate Law

Security in a Renting Contract

The Landlord and Tenant Act 1954, Part II provides statutory protection for tenants who use a building for the intention of a business. This Act is significant in giving security for business tenants who may lose business and goodwill if they were forced to leave their tenancy at the end of their lease term. The Act was brought about at a time when the economy was in turmoil This was done as it was believed that by providing security of tenure to business tenants it would promote investments and the economy to get back on track.

It gives safety for business tenants by enabling them to apply to the court for a renewal of the tenancy and therefore for the tenancy to automatically be allowed to continue after the contractual term. Thus allowing the lease to continue on the same basis and at the same rent until it is brought to an end by the methods set out in the Act.

By a section 25 notice (under the 1954 Act) is the more prevalent means of termination by a landlord. There are strict deadlines for serving notices under section 25, and a minimum of 6 months notice must be provided but no more than 12 months prior to the date the landlord wishes the lease to terminate. however, the landlord cannot terminate the lease before the contractual termination date.

There are limitations for a landlord in disregarding a tenants application for a new tenancy. As follows are the statutory grounds:

(a) tenant’s failure to carry out repairing obligations;
(b) tenant’s persistent delay in paying rent;
(c) tenant’s substantial breaches of other obligations;
(d) suitable alternative accommodation is available for the tenant;
(e) in cases of a sub tenancy of part, possession is required for letting or disposing of the property as a whole;
(f) the landlord intends to demolish or reconstruct the premises;
(g) the landlord intends to occupy the premises himself.

It is up to the landlord to prove the reasons on which they are relying on. If the landlord was to successfully oppose a new tenancy under grounds (e), (f) or (g) the tenant would be entitled to compensation in most circumstances.

Some tenancies are not a part of the 1954 Act, i.e. a tenancy at will, contracted out tenancies and fixed term tenancies not exceeding 6 months. You must seek professional advice on whether or not you are protected by the 1954 Act and what you must do if you are served with a section 25 notice.

This article is meant to be only for general information purposes and is not meant to be relied upon by any party in any circumstance.

Real Estate Law

Unregistered Land

• Not all land is registered with Land Registry – over a third in England and Wales is not

• All land and all buildings have an owner – this includes waste land, scrub land, abandoned properties, disused land, empty buildings

• Adverse possession takes at least 12 years, sometimes as much as 30 years

• Unregistered just means that the property or piece of land is not registered with land registry it does not mean that it is ownerless.

Finding the owners of unregistered land UK is not an easy thing to do, there are no clear ways of finding owners; it is a case of investigating old documents and maps, speaking to people and researching information. Some people do not want to find the owners of vacant land they would prefer to try and claim the land through adverse possession, this takes 12 years as a minimum and if the owner comes out of the wood work at any time then you are in trouble. Some people suggest putting a fence round the land and using it, this is the principle idea of adverse possession but they fail to mention what happens when you fence it off at a cost of thousands and then someone comes out and proves ownership, you have wasted your money. It is easier and more honest to simply find the owner and speak to them regarding the vacant land or building, you can then ask permission to use the land or even look at buying vacant land from them. In the UK over a third of all vacant land is not registered and finding the owners of land UK searches go on all the time.

Adverse possession

In common law, adverse possession is the process by which title to another’s real property is acquired without compensation, by holding the property in a manner that conflicts with the true owner’s rights for a specified period. Circumstances of the adverse possession determine the type of title acquired by the disseisor (the one who obtains the title as a result of the adverse possession action), which may be fee simple title, mineral rights, or other interest in real property.

Adverse possession’s origins are based both in statutory actions and in common law precepts, so the details concerning adverse possession actions vary by jurisdiction. The required period of uninterrupted possession is governed by the statute of limitations. Other elements of adverse possession are judicial constructs. Adverse possession is sometimes called squatters rights.

Finding the owners of private roads

This can be a laborious task and is complicated; you cannot go down the adverse possession due to the frontage being used by more than one party. There are ways to trace the rightful owner of any private road but it is not easy. It may be a good idea to go straight to a professional company regarding these searches.

Abandoned properties searches

Searching the owner of abandoned property would work in the same way as finding the owners of unregistered or unclaimed land.

Starting point

The starting point for any land search UK should be to contact the local Land Registry to confirm that the vacant land or building is indeed unregistered with them, you can save a lot of time and effort by doing this on the off chance that it is registered, saying that over a third of all vacant land is still not registered in England and Wales.

So what to do next? Finding the owners of vacant land is difficult, there is no easy way, you cannot simply access a database and find the information you must become an investigator. The first steps should be to

• Find any old documents

• Speak to local people

• Investigate all information given fully

You can use a company to find the owners of unregistered land, some people try solicitors to do this but they are very expensive and sometimes use outside agencies to carry out the work on their behalf at further cost to yourself. Some companies specialise in finding land owners in the UK. Charges vary so look into the matter closely. Different search terms will bring up different products and services but you should search the following terms in Google

• Find the owners of unregistered land Uk

• Find the owners of vacant land

• Find the owners of abandoned properties.

These should give you a good idea of some of the companies out there. Good luck finding the owners of a piece of unregistered land.

Real Estate Law

North Carolina Security Deposit Law

Residential security deposit law in North Carolina is governed by the Tenant Security Deposit Act and can be found at N.C.G.S. 42-50 through 42-55. As is often the case in tenancy law, this act primarily addresses issues in residential tenancies so this article will be addressed to residential security deposits.

At what amount can I set the security deposit?

Unfortunately the answer to this question is a moving target. The amount of security deposit depends on the term of the tenancy as follows:

(a)If the term of the tenancy is week to week, the landlord can require two weeks rent;

(b)If the term of the tenancy is month to month, the landlord can require one and one-half month’s rent; or

(c)If the term of the tenancy exceeds one month, the landlord can charge two months rent. See N.C.G.S. 42-51.

Are there additional fees a landlord can charge?

Landlords are also entitled to a non-refundable “pet fee”. The only requirement for the “pet fee” is that it must be reasonable, and the tenant must have a pet.

I have the security deposit, now what do I do with it?

A landlord must place the security deposit in a trust account with a licensed and insured bank or savings institution in North Carolina, and notify the tenant of the bank’s name and address within 30 days after the beginning of the lease term. There are a couple of minor exceptions to this rule but they involve the landlord obtaining a bond for the amount of the deposit, and will not affect most landlords.

If you know where you will place the security deposit at the time you prepare the lease, it is wise to include this notification in the lease.

If you move the security deposit at any time, you should notify the tenant immediately in writing of the new location.

When must the deposit be returned?

The landlord must return the deposit to the tenant within thirty days after the end of the rental period. If the landlord deducts from the deposit for damage to the property, or for unpaid rent, those charges must be described to the tenant in writing, and the writing (also referred to as an accounting) plus any portion of the deposit still due to the tenant must be delivered within that same thirty-day period.

If the extent of the landlord’s claim against the security deposit cannot be determined within 30 days, the landlord shall provide the tenant with an interim accounting no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord and shall provide a final accounting within 60 days after termination of the tenancy and delivery of possession of the premises to the landlord.

What deductions can the landlord make from the security deposit?

You may only take deductions from the security deposit for: the tenant’s nonpayment of rent and costs for water or sewer services; damage to the premises beyond reasonable wear and tear; nonfulfillment of rental period; any unpaid bills that become a lien against the demised property due to the tenant’s occupancy; costs of re-renting the premises after breach by the tenant; costs of removal and storage of tenant’s property after a summary ejectment proceeding; or court costs in connection with terminating a tenancy.

Additionally, it should go without saying but, you can only deduct your actual damages, and you should keep receipts to substantiate your deductions in case you are sued by the tenant.

What if I don’t know where to send the security deposit to the tenant after he vacates the property?

If the tenant’s address is unknown the landlord shall apply the deposit as permitted after a period of 30 days and the landlord shall hold the balance of the deposit for collection by the tenant for at least six months.

It is a good practice to send the deposit to the tenant via certified mail. If the mail is returned unopened put in the tenant’s file the same way. If you are later sued for failure to return the deposit you will have clear evidence that you attempted to return it.

What if I fail to comply with the act?

If the landlord fails to account for and/or refund the balance of the tenant’s security deposit as required by this Article, the tenant may institute a civil action to require the accounting of and the recovery of the balance of the deposit.

The willful failure of a landlord to comply with the deposit, bond, or notice requirements of this Article shall void the landlord’s right to retain any portion of the tenant’s security deposit as otherwise permitted under G.S. 42-51.

In addition to other remedies, the tenant may recover damages resulting from noncompliance by the landlord; and upon a finding by the court that landlord is in willful noncompliance, the court may award attorney’s fees to be taxed as part of the costs of court.

What if I sell or buy a rental property already occupied by tenants?

Within 30 days after the termination of the landlord’s interest in the dwelling unit in question, the landlord shall, do one of the following acts:

(1) Transfer the portion of the deposit remaining after any lawful deductions made under this section to the landlord’s successor in interest and thereafter notify the tenant by mail of such transfer and of the transferee’s name and address; or

(2) Return the portion of the deposit remaining after any lawful deductions to the tenant.

Upon receipt of the deposit the purchaser must place it in a trust account with a licensed and insured bank or savings institution in North Carolina, and notify the tenant of the bank’s name and address within 30 days after the beginning of the lease term.

Happy landlording!

Real Estate Law

Why You Should Use a Real Estate Lawyer

When most “Ottawans” sell their home they hire a real estate agent, yet often forgo the important step of hiring the best real estate lawyer Ottawa has to offer. Hiring a real estate lawyer in Ottawa when selling a home is considered the sensible thing to do however, and there are all sorts of services they can provide you with which an agent cannot.

First and foremost, an Ottawa real estate lawyer will help you to protect your rights as a home seller. In order for you to know what you should and shouldn’t be signing, a lawyer will also review any pertinent documents for you.

This type of lawyer should also be able to prevent any troublesome issues with a home’s title, and can also be of great help if there’s a lien on the home. It can be an incredible help if your lawyer discovers such issues early on, and can save you quite a bit of money later on during the selling process. You don’t want to find yourself down the road wishing you had approached the situation differently.

An Ottawa Lawyer can also be of tremendous help if there are any negotiations during the selling process. You’ll increase your chances of coming out on the better side of a negotiation with a quality lawyer on your side.

If you happen to receive any further offers or counteroffers, having the best lawyer Ottawa has to offer will also be of great help. In such situations it’s critical that you handle any tax implications correctly. If these issues are handled with care and by the right person, you’re much more likely to end up accomplishing what you set out to do.

When it comes time to close the sale on your home, the best real estate lawyer Ottawa has to offer will be of great assistance. Such a lawyer will ensure that security deposits are completely properly, and that any insurance required is in place.

Your Ottawa real estate lawyer should also be present at the closing of your sale to ensure everything goes as planned. If nothing else, having a lawyer there will ease your mind about any issues arising at the last minute.

Hiring an Ottawa real estate lawyer will cost you a bit of extra money, however most people believe that the cost is worth the benefit. The fee you would pay to a real estate lawyer pales in comparison to any fines or other hidden fees you may be hit with if your sale isn’t taken care of properly.

Real Estate Law

Significance Of Conveyancing Solicitors

Conveyancing is known as the process of transferring the legal ownership of a property. Or in other words, the legal process of buying and selling of property is conveyancing. A conveyancing-solicitor is a lawyer who specialises in this area of law. In the British legal system, lawyers are divided into two categories: solicitors, and barristers.

Solicitors are those lawyers who handle all the out of the court matters, which includes documentation, meetings, and office work. Therefore, conveyancing-solicitors are lawyers who handle all the legal proceedings involved in transfer of property.

Conveyancing solicitors have much significance, and importance. Although the transfer of property may not be a very complicated matter, nonprofessionals are not aware of the legal regulations, and laws pertaining to this specific area. There may be many things, which need to be considered, unknown to non-professionals. Without the help of a conveyancing-solicitor, you may break some laws that you are not even aware of.

Many things need to be done before the ownership of a property can be fully transferred. A lot of information has to be cleared out, such as land search, land charges search, land registry, and stamp duty. If you hire a conveyancing-solicitor, then it will be very convenient for you because he/she will take care of all these issues. Most people are not aware of these fees, so your lawyer can easily take care of these, and you do not have to worry about them. Other tasks of a conveyancing-solicitor include the following:

Obtaining the mortgage deeds from the seller

• Completing a property information form

• Making a list of fixtures and fittings

• Setting of dates and meetings

• Drafting a contract

Out of all these, the most important task of a conveyancing solicitor is the drafting of a contract. A contract is an essential part of any legal agreement, as it includes all the terms and conditions of that agreement. It is something that can only be done by a lawyer, so it is necessary for you to hire a conveyancing solicitor for this purpose.

There are many ways to hire a conveyancing solicitor. You can ask you friends who recently sold, or purchased a property, as they can recommend their lawyers to you. You can also ask your real estate agent to recommend a conveyancing solicitor. If these do not work, you can contact the Royal Institution of Chartered Surveyors, which has thousands of conveyancing solicitors that you can choose. You can also search the internet for conveyancing solicitors who have a good record.

Another easier option is to go for online conveyancing. This is very convenient for people who do not have time to visit the offices and attend meetings. By hiring an online solicitor, you can communicate easily through the internet, and save precious time. In addition, online conveyancing solicitors often charge less than other solicitors do; so you can also save some money in this process.

Real Estate Law

The Ins and Outs Of Real Estate Law

Are you looking for more information on real estate law? If so, you have come to the right place. Throughout this article we will speak about what real estate law is, as well as what a real estate lawyer can do for you.

Let’s begin our discussion by defining real estate law. This is a very broad legal area that covers both federal and state statutes, as well as common law, and deals with any legal issues surrounding real estate and property. Some areas that this law cover are the rights of homeowners, renters, and tenants, property rights and interests, buying and selling property, and landlord and rental properties. Many laws differ from state to state, making real estate law quite complex.

Whether you are buying or selling a home, a lawyer is important to your quest. While a realtor will be the one to help you find the right house or the right buyer of your house, a lawyer will review any offers and contracts to make sure that your rights are being protected and that all of your duties are clearly outlined and defined.

How can a lawyer help if you are buying a new home? If you are buying a new home a lawyer can help you to understand your contract to ensure that you are comfortable with everything outlined within it. They will also help to prepare and register all legal documents, a task that can be very time consuming if one tries to do it on their own. A lawyer will also clarify the terms of your mortgage and help assist with your banking mortgage. They will also read over all closing papers, arrange for insurance protection, and ensure that you receive a valid registered ownership.

Not only can a lawyer help you in purchasing a new home, they can also help you to sell your home. When selling your home, a real estate lawyer will help you to prepare the sale agreement, as well as the deed and power of attorney. They will also attend to the closing papers, arrange for transfers of security deposits, and arrange for insurance certificates. Most importantly, a real estate lawyer will help you during each process of selling your home and deal with any issues as they arise.

If you are interested in buying or selling your home it is important that you contact a lawyer to help you through the process. Lawyers can cost anywhere from $500 to $1500 (on average) but are well worth the cost as they save you a lot of time and stress. Search for a real estate lawyer today and ensure that, whether buying or selling a home, all of your rights are protected.

Real Estate Law

Success at a Real Estate Auction – The Key Might Be in How the Auction Is Promoted

To set about auctioning an asset as weighty as someone’s home is not a task to be taken lightly. It can be a huge responsibility: it is someone’s home, the investment of someone’s lifetime. To be carried off in the best way possible, a real estate auction needs a well thought-out promotional campaign that can win as many eyeballs as possible. This usually requires promoting on a scale that would dwarf the sale price of any average private home. The secret to a successful real estate auction then is creativity.

Clearly, the widest net one can cast comes with a marketing campaign on television. It can be expensive, certainly, and so, it can’t be a part of a strategy to get the widest publicity all by itself. One will need to pursue other media to support the effect a television strategy achieves – other media such as print. Taking out classified ads to run in the kind of markets you believe would have an interest in your real estate auction would be the best choice to make for the money. If you believe that buyers across the state or the entire nation could be interested, those are the kinds of papers and magazines you should advertise it. The mistake many novice players in the real estate auction market make would be to neglect the lucrative opportunities present in an international audience though. There are so many people who miss out on this audience through a lack of adequate comprehension of the possibilities present here. Every auction company retained in a real estate auction needs to offer property owners the option to advertise on their website too.

Whatever advertising is done ahead of a real estate auction, everyone needs to be aware of how no one can ever be interested enough unless they are given a good look at the property information packet for the auction in question. This is a brochure prepared with a detailed description of the place going under the hammer – pictures, home inspection reports, financing options possible, information about the title and how it will be transferred.

An important reason that people might choose to participate in auctions is the chance to make a killing. This possibility, slim as it might be, always imbues an auction with an air of intrigue and suspense that could often work to sellers’ advantage. The first thing that sets the stage for this is the fact that once an auction for a property is announced, one has to wait for the appointed date. The fact that there is waiting involved separates the non-serious players from the real ones. All of which leads s up to an intense time at the auction itself. On average, the amount of time any parcel of property stys up for bidding before it gets lapped up is about 15 minutes. And that is a high that many property buyers can’t resist.

Real Estate Law

Eminent Domain and the Government’s Right To Take Property

It is important to understand that the power of eminent domain is not totally unlimited – there are cases in which the right to take can be challenged. The challenge arises when the basic eminent domain requirements for the taking are not satisfied. In order to take property from an individual property owner, a governmental entity must satisfy two requirements. One, the property must be used for public use, as defined in the federal constitution; and two, the property owner must be paid just compensation. There is also the issue of necessity, which is a sub class of public use. Necessity is the test that determines the amount of property needed to adequately undertake the public purpose. Notably: failure for the taking to fulfill the definition of public use could be a basis for stopping the taking of the property.

Public use, blighted property and the necessity requirement

In recent years, governmental entities have attempted to acquire property for redevelopment and revitalization projects by deeming entire areas and neighborhoods as “blighted” in order to satisfy the definition of public use. The term blight was first addressed in eminent domain law back in the 1950’s. This term referred to a deteriorating neighborhood or property – essentially meaning that the area did not serve its intended purpose within the community.

Today, much of the controversy concerning the public use definition stems from the concept of “blighted” property. This poses the ultimate question, “Is the property actually blighted”.

The term blight has created a perpetual battle ground in eminent domain law, where the heart of the battle is fought between property owners, who feel their property is not blighted, and condemning authorities. Governmental entities will overuse their power to exercise eminent domain and attempt to deem a lower grade neighborhood as blighted in order to acquire the property and have the area redeveloped in order to increase their tax base. Even though the area may not be technically blighted, governments will objectively call it that to settle the public use definition. In some states, but not all, the definition of blight lacks clarity making it easier for governments to misuse this designation in order to exercise their eminent domain authority. As a result, this area of eminent domain law is still very unsettled and interpreted differently by different states.

The case of Kelo v. City of New London, Connecticut most notably questioned the definition of “public use”, and whether or not property could be acquired through eminent domain for the sole purpose of economic gain, even if the property was not blighted. The case was heard at the US Supreme Court who ruled in a contentious 5-4 decision in favor of the city and ultimately granted each state the power for crafting language in their statutes and constitutions specific to public use, the blight definition and whether or not eminent domain could be used for the sole purpose of economic gain.

As far as the right to take is concerned, there is a necessity requirement. In many cases, the issue of necessity does not arise. Under certain circumstances, however, a governmental body may reach too far in terms of the property it is condemning. Although this claim would likely not prevent the project from occurring, it would force the condemning authority to reevaluate the amount of property necessary to fulfill the public purpose and therefore limit the amount of land they can acquire.

Can I prevent the Government from Taking My Land?

As a property owner, you have the right to challenge the government’s authority of eminent domain and this is the only way to stop the taking from occurring. Although this course of action is not recommended in most eminent domain cases, there are issues that arise that will justify this type of claim, such as the failure of the government to provide a proper public use; or failure of the property to meet with blight criteria as outlined in state statutes or constitution.

Real Estate Law

Leasehold Law Issues – Look to Your Solicitor

When looking to buy a property; whether it be a flat or house, the complexities of the leasehold and the law attributed to it can become very daunting to an inexperienced buyer. This article looks to explain the leasehold law and give a few pointers to new buyers about where to look for help.

In the UK about 3 million people live in leasehold houses and flats, however even if they have a mortgage they do not theoretically ever own the property. This makes the leasehold industry a tricky business with many leaseholders charging thousands of pounds to extend leases that are below 80 years. Mr Marsh from the Law Society said: “Some landlords are using the complexities of the legislation and the innocence and gullibility of flat owners to their own advantage and I’m anxious that flat owners know what their rights are.”

It is important to inform the public that if they are in this situation and feel they are being requested to overpay for a lease extension that they can take their case to a legally binding tribunal. However, before taking this step it is necessary to research the industry and attempt to negotiate between parties. A local solicitor is the ideal port of call as they can help you with any leasehold problems. There are solicitors all over the UK offering services from leasehold Dorset to leasehold Leeds help and advice. When entering a property sale it is necessary to have a solicitor to help you with contracts and so that you can be given legal advice that will protect you from overpaying for a property.

Related leasehold Bournemouth businesses have seen a rise in issues relating to leaseholds for new buyers. This could be due to a number of reasons but one suggestion is that an increasing number of University students are staying down in Bournemouth after graduating to live permanently. These graduates eventually look to buy and being first time buyers encounter issues with leasehold law and in turn seek the advice of a Solicitor Dorset.

Overall, the best advice is to make sure you understand that if you buy a leasehold property, you will never technically own it. The ideal property is a freehold property whereby that property is automatically yours – however these are harder to find and can increase the price of a property. If you are still unsure about leaseholds visit your local solicitor or estate agents who will be able to help you further.

Real Estate Law