Real estate also known as property law is a vast subject area that often becomes intertwined with other legal disciplines. In addition to a strong residential real estate background we are able to draw upon extensive litigation experience in construction law, environmental law, and commercial litigation to provide you with sound legal representation in residential real estate transactional matters and complex real estate litigation cases.
RESIDENTIAL REAL ESTATE CLOSINGS:
When purchasing or selling real estate no two pieces of property are identical even though they may share some of the same characteristics. Recognizing and understanding the uniqueness of all property, we take pride in our ability to protect your legal rights and interests respecting your involvement in residential real estate closings. There are several initial steps to be considered once you decide to buy residential property (e.g., financing, location, size of property, character of property, etc.). Regardless, the most important step that will move you towards a real estate closing is locating that particular property which is best suited for you. In the two following paragraphs, we generally describe the legal services offered by this office relative to residential real estate transactions from both the perspective of the buyer and seller of real estate.
Once you have found a suitable property to purchase and signed a Contract of Sale, we can assist you by reviewing the Contract of Sale and providing the necessary legal advice to finalize the terms and provisions of the agreement. Following the completion of this Attorney Review Period, we will provide you with guidance and direction respecting any issues that may arise during the home inspection period and negotiate on your behalf any items that require attention prior to the closing of title. As a buyer and purchaser of real estate, you can rely on us to review your title insurance binder to assure that the property at the time of transfer is free of all chain of title encumbrances, and, if required, we will address any outstanding title related issues. Once you receive your mortgage commitment and your loan has been “cleared to close” by the mortgage underwriters, we will review your mortgage closing documents with you at the time of closing, prepare all necessary closing documents on your behalf and attend the closing of title with you.
Generally, the seller’s role in a real estate transaction is less cumbersome than that of a buyer. However, as a seller of real estate, you have certain rights and interests that are also subject to protection as defined by the terms and provisions of the Contract of Sale, and, as such, must be negotiated accordingly. Similarly, during the home inspection process period, issues may arise concerning the condition of your home or the buyer’s requests that you make certain repairs to the property prior to closing of title (e.g., fuel oil tank removals or fuel oil leaks, mold contamination, asbestos, weakened foundations and structural supports, radon, etc.) where it may be necessary for you to seek legal advice or a legal opinion in order for you to properly address these issues. Also, as a seller of real estate, an occasional title insurance issue may arise regarding boundary lines, unpaid judgments, mortgages or liens that were not properly discharged, etc. In all of these instances, this office will provide legal advice and guidance to address these and any other legal matters that must be resolved prior to the closing of title. In addition, we will prepare all of the required documentation to effectuate the sale of your property.
If you have any questions regarding residential real estate closings which are not addressed on this page or our FAQ page, please contact us directly by telephone or by e-mail through our “Contact Us” page.
REAL ESTATE LITIGATION:
Real estate litigation arises in a variety of settings and presents an array of different fact patterns. Most often, each client’s fact pattern is unique and requires special attention. The real estate litigation matters handled by this firm fall into several broad categories: lender liability, foreclosure actions, and contractual disputes. As stated above, certain real estate litigation actions overlap with other legal practice areas such as environmental law, construction law, contract law, tort law, probate law etc. Our legal experience has given us the tools to successfully represent our clients and provide them with gratifying resolutions regarding complex real estate litigation matters that involve a cross section of multiple legal disciplines.
Generally, in order to successfully sustain a lender liability claim, your lender must have committed some act or omission that was either negligent or in violation of a state or federal law. For example, you may be charged interest rates in an amount different than set forth your mortgage documents, payments made by you may not have been properly accredited to your account, mortgage escrow accounts may not have been properly established when you purchased your property, etc. In this forum, we cannot describe every possible scenario that potentially would constitute a viable claim against a lender or mortgage company.
Foreclosure actions, in some instances, are directly related to alleged claims of lender liability. These situations may involve a lender or mortgage company that engaged in conduct which resulted in unexpected increases in your monthly mortgage payments. As a result, you may have missed a number of monthly mortgage payments or become seriously delinquent and now find yourself as a defendant in a foreclosure action. Foreclosure actions are normally defended on the grounds that the lender or mortgage company has made a mistake which adversely impacted your ability to make timely monthly mortgage payments. Foreclosure actions cannot be defended solely on the grounds that you were not financially able to make timely mortgage payments. Although less common, a foreclosure action may be defended on the grounds that the lender or mortgage company did not comply with certain legal or statutory procedures which may result in the dismissal of the foreclosure complaint. Kindly bear in mind that there is no hard and fast rule of law for defending against a foreclosure action. Each action must be analyzed and scrutinized on a case-by-case basis to determine whether a viable defense exists.
Real estate litigation involving contractual disputes may arise during the course of a real estate closing when the parties are nearing closing and one or both parties are unwilling to conclude the transaction. Contractual disputes in a real estate setting are common in transactions involving lease and rental agreements (also known as landlord/tenant actions). There are a host of circumstances in which disputes involving contractual obligations may occur in connection with the ownership, management, and operation of real estate. Again, this is not the forum to address all of those possible scenarios.
If you have any questions or concerns pertaining to a matter that you believe qualifies as a lender liability claim, defensible foreclose action or contractual dispute, please contact us directly by telephone or by e-mail through our “Contact Us” page.