California Senate Approves New Fee On Real Estate Documents

ForeclosureOn Thursday, July 6, the California state Senate approved of a new fee on real estate documents. The $75 fee would be placed on real estate law documents such as notices and deeds and would come with a cap of $235 per transaction.

The legislation was created as a means of generating $200 to $300 million annually for affordable housing in California.

“When you use this money to build more housing, you generate more income tax, more jobs and it helps spur the economy,” said Senator Toni Atkins to the US News. “This will make a difference for middle income families.”

It will also make a difference for low income families as California’s rate of homelessness continues to be disproportionately high. Foreclosure in business property law has increased in California as middle income families struggle to find housing that is affordable what with residential zoning restrictions rendering houses out of their budget.

Zoning restrictions have been determined to take a large part in the foreclosure crisis. When too much housing is placed in the same high-price zone, homebuyers who are unable to move to another area are forced to purchase a home they cannot afford only to fall to foreclosure within a series of years.

Republican senators disagreed with Atkins regarding the real estate document fees and how they would help middle income families. “I want to solve that problem, but I can’t do it on the backs of the emerging people who have worked hard, trying to get their first house or move their family into a home that would accommodate their growing family,” said Senator Joel Anderson to the US News.

Many Republicans as well as some Democrats expressed concern over the regulations of housing construction in California, seeing the spending on subsidized housing as a better potential start to fixing the housing market rather than placing fees on real estate documents.

The legislation of the real estate document fee has been passed on to the Assembly where it will await for approval or denial. Whichever the decision, change is essential for the success of the housing market. In 2013, there was at least one foreclosure reported out of every 96 homes.

However, a foreclosure can be stopped before it starts. For assistance with during your foreclosure process, eviction process, or boundary dispute contact Dijulio Law Group for a consultation.

Real Estate Law Terms Every Potential Homebuyer Should Know

real estate law termsThe real estate process can be difficult if you’re not familiar with real estate law terms and other housing terminology. This, in addition to wanting a greater sense of ease, is often why many potential homebuyers hire a real estate attorney while they’re on the hunt for their dream home.

However, while it is commendable to use the services of a real estate lawyer it may do you well to additionally familiarize yourself with real estate law terms as a means of feeling knowledgeable about your home-buying process.

In California, it takes approximately 40 days on average to close on a home, but learning these real estate law terms will take less than five minutes.

  • Adverse Possession — the possession of property of which another owner has title of possession. For instance, if a person erects a fence on another owner’s land and the owner of that land does not object over a series of years the person who erected the fence has the right to take the owner of the land to court as a means of arguing for the land on which they erected the fence, claiming that land to be theirs.
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  • Basis — a property owner’s financial interest regarding that property for their tax purposes.
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  • Closing — the end of a mortgage or sale of a real estate property passed down via a deed.
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  • Escrow — a series of time in which the delivery of the closing deed has been given to a third party to the grantee.
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  • Homeowner’s Association — an organization of people who own homes in a particular area as a means of improving the quality and maintaining the quality of that community.
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  • Market Analysis — an estimated report of the resale value of a given property. A real estate agent typically uses this to compare properties in a given area.
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  • Property Development — also known as real estate development. The design and building of a given property or series of properties.
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  • Personal Property Law — the law that determined one’s personal or movable possessions in the eyes of the law system.
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  • Zoning Restriction — the division of residential, industrial, and commercial districts by state or local government.

Understanding real estate law terms can be a great way to feel in-the-know when going through the real estate process speaking to your real estate attorney. Now that you know this basic real estate terminology, you can feel more comfortable during the search for your dream home!

Three Things to Know Before Flipping a California House

property developmentPopular shows on HGTV have made the idea of flipping houses for profit seem like an easy task. However, before you begin investing in property development, it’s important to understand the flipping process, particularly if you have never bought a house before. If you’re serious about renovating houses for profit, begin by seeking out a real estate lawyer or real estate law firm before considering buying a house.

A real estate attorney understands property development laws and laws concerning the area in which you may decide to flip a house. Unbeknownst to you, without the presence of a real estate lawyer you may accidentally purchase a home within a zoning restriction.

Once you’ve found a real estate attorney, it’s time to begin the process of flipping a house. The following are some tips to begin you on your house-flipping journey.

  1. Choose the best area to flip a house
    Potential homebuyers are more likely to choose a house that doesn’t meet all of their wants and needs if it’s in a good neighborhood. Therefore, before you begin looking at houses and property development, get a good feel for the neighborhood. Talk to people about the school systems and do your research on the average crime rate. Looking at the average prices of the houses in the area will also tell you how likely it is you’ll make a profit.

    Unless other houses are also being renovated in the neighborhood and are being given a new face, don’t choose an older neighborhood without much class to do your renovation. There’s a big chance you won’t make a sale.
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  3. Know who you’re buying from
    If you’re looking into older properties, there may be a chance that you’ll be buying the house from the California government. Title 10 of the California civil procedures declares properties that have been abandoned as unclaimed. When a property remains unclaimed for three years, the California government then claims the property.

    Therefore, when looking at older properties be sure who it is you’re buying the property from. There may be a chance that you need to purchase the property from the state government itself.
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  5. Do inspections
    Your real estate lawyer will urge you to have an inspection done on the property before you decide to purchase it. If you can, have a professional come in and inspect the property for any damage to the flooring, base structure, roof, electric, or water systems. In certain cases, you may not be able to identify particular damage even with an inspection, which is why renovations can be incredibly taxing on one’s budget. However, if the homeowner allows it, an inspection doesn’t hurt to see if the property is really worth your while.

When deciding to go into the business of flipping homes, it’s important to understand the business and real estate side of the process rather than just the design standpoint. A critical mistake such as choosing not to use the assistance of a real estate attorney, buying a home without analyzing the neighborhood, and failing to know who owns the property or failing to perform an inspection can lead to limited sale possibilities if you even manage a sale at all.

Understanding the Eviction Process in the Los Angeles Area

eviction processIt’s important to understand the eviction process in the state of California if you intend to evict your tenants in the Los Angeles area. To begin the eviction process, you must provide your tenants with a series of notices including a 3-Day Notice To Pay Rent or Quit and/or a 30-Day or 60-Day Notice To Vacate.

Los Angeles County is a rent controlled area and therefore it must be known that your 3-Day Notice To Pay Rent may need to be preceded by a Certificate of Registration and a Rent Stabilization Ordinance notice in order to be considered valid.

As a landlord, you are able to file an eviction lawsuit in the form of a Summons and Complaint against your tenant if the tenant does not pay the claimed amount of rent by the end of the 3-Day Notice. However, let it be known a mistake must not be made on the Summons and Complaint by any means. Even the smallest of typographical errors can nullify an eviction notice and cause the landlord to lose the eviction process and case altogether.

When the eviction lawsuit has been filed successfully, the tenant must then be served by the landlord with the Summons and Complaint. After the tenant has been served, a Proof of Service of Summons must be filed by the landlord after which the tenant has five days to answer if personally served and 15 days if they were subserved.

In the event that the tenant has successfully answered the complaint within the established amount of days provided, a Request for a Default may be filed by the landlord. After the default has been filed (two of which must be filed, one on the tenant and the other on others in possession), the landlord must submit a Request For A Clerk’s Judgment followed by a Writ of Attachment.

Over the course of the eviction process, be sure to keep in mind which contracts must be in writing and which can be in print. In the state of California, the Statute of Frauds requires three specific contracts to be in writing: contracts for the sale of real estate leases for more than a year, and any commission agreements between real estate licensees and principals.

Another thing to bear in mind is how the eviction process may differ in the act of foreclosure. Therefore, to ensure you as the landlord are proceeding with the eviction process of your Los Angeles tenants correctly and efficiently, you may consider hiring a California real estate lawyer. A real estate lawyer will be able to catch any typographical errors during the eviction process which may otherwise nullify your eviction and therefore lose your case. Additionally, a real estate lawyer will be able to determine if your tenants’ residence is in a rent controlled area and thus may require ulterior paperwork.

During the eviction process, be sure to keep your tenants informed with the correct notices and to steer clear of any behavior which may otherwise be interpreted as harassment. Any mistake on your behalf may very well result in the loss of your case.

What May Be Influencing Your Foreclosure?

zoning restrictionWhen a house is foreclosed, the reasoning behind it seems simple enough. The purchaser of the home was unable to afford the property and it was re-possessed by the bank or mortgager. However, a number of foreclosures in the United States has risen substantially enough to be concerning. In 2013 alone, one in every 96 homes reported one foreclosure. This prompts the question: what may be influencing this increase in foreclosures?

Lack of knowledge regarding the foreclosure process
One of the possible reasons behind the number of foreclosures is that homeowners aren’t familiar with the foreclosure process. Did you know that the state of California, for instance, has laws that regulate the opportunities and notices given to homeowners? This gives them a chance to pay the bank or mortgaging company before their property can be sold. Sadly, many homeowners are unaware of these opportunities.

If you’re unable to pay the mortgage on your home, you are also able to apply for forbearance before you go into default. Be sure to contact your bank or mortgaging company to consider your options before filing for foreclosure.

Zoning restriction
A zoning restriction, or zoning, is the division of a municipality into areas in which land can only be used for certain things such as residential use, farming, etc. While a zoning restriction is common enough, it may also have factored into the foreclosure crisis.

According to Tenants Together, “communities that zoned too strictly for the development of large, single-family homes have a higher risk for foreclosure when compared to areas that accommodate a broader spectrum of housing options.”

In other words, if too much housing is placed in the same high-price zone, then homebuyers who are unwilling to move elsewhere are forced to purchase a home they cannot afford only to fall to foreclosure within a series of years.

Failing to hire a real estate attorney
While not everyone needs an attorney, they can be highly beneficial, especially during real estate law cases such as a foreclosure case. A real estate attorney knows how to utilize evidence to its fullest extent and if anything was tampered with or illegally obtained, an attorney is more likely to notice and will be able to argue on your behalf. Without an attorney, your case may easily be lost.

Foreclosure is a difficult process. Ease your stress by keeping yourself informed about the legal process. Hire a real estate lawyer to help reduce anxiety during your case, and know you are not alone.

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