3 Possible Ways To Stop the Foreclosure Process on Your Home

foreclosure processIf you’re facing a possible foreclosure on your home, you’re probably very stressed out and worried about a lot of complicated problems — from the daily tasks like getting dinner on the table, to the long-term possibilities of not having a home anymore. Your best option is to contact a real estate attorney with experience handling the foreclosure process. In the meantime, however, here are a few possible ways that you may be able to stop the foreclosure process on your home:

  • Bankruptcy: Filing for bankruptcy is a pretty drastic measure to take if you’re faced with foreclosure, but it’s sometimes the best option if you’re dealing with a lot of debt to multiple lenders. It will hurt your overall credit score for quite a while but you’ll likely receive an automatic stay on your home until the court can decide how to proceed with your case.
  •  

  • Loan Modifications: In the state of California there’s something called a Homeowner Bill of Rights, and this means that loan servicers must either grant or deny a first-lien loss mitigation application before the foreclosure process begins. This prohibits a practice called dual tracking, which is when the lender proceeds with a foreclosure even as a loss mitigation application is pending. This isn’t a long-term fix, but it can give you some time to make a plan while still living under your own roof.
  •  

  • File a Lawsuit: If your lender isn’t processing the foreclosure while abiding by all state and federal regulations, you may be able to file a lawsuit to stop the foreclosure of your home. In this case, you’ll need to prove that the foreclosure is not valid and therefore shouldn’t take place because the lender is at fault. The specific reasons might include the lender’s violation of the Homeowner Bill of Rights, the lender neglecting to follow all steps in the foreclosure process, or the lender making a grievous error which has affected you.

It’s very important to understand that, if you’re facing a possible foreclosure, you don’t have to face it alone. It’s estimated that around one in every 200 homes is foreclosed upon (and this was even cut in half to one in every 96 homes back in 2013). Considering that the average Californian home costs around $393,000, you’re dealing with some pretty heavy financial stuff — and turning to a real estate lawyer for help is always a good idea.

Boundary Disputes 101: What You Need To Know

boundary disputeBoundary disputes are some of the most common problems in real estate law today, and if you’ve encountered a boundary dispute with your neighbor, it’s important to realize that you’re definitely not alone! The best way to approach any boundary dispute is to contact a real estate attorney and discuss the problem at hand, along with possible solutions.

With that in mind, here’s a quick guide about what you should expect during a boundary dispute with your neighbor:

  • Most homebuyers (around 77%) have inspections done on a home before purchasing it in order to identify any necessary repairs — and also to clarify things like boundaries between properties. If you’ve encountered a boundary dispute after purchasing a new home, the problem might really be as simple as a misunderstanding or miscommunication of where one property ends and another begins. It’s important to make sure that you have records of any inspections done prior to the dispute.
  • Many homeowners turn to real estate lawyers who also serve as negotiators/mediators and will work out a solution without taking the case to court (which can be very expensive and time-consuming). You may also consider calling a land surveyor to make an unbiased report on the disputed boundary line.
  • There are few more drastic ways to approach the problem as well, but it’s important to understand that these may not end well unless you have a strong case. You can sue your neighbor for trespassing on your property, for example, but you might end up living next to your enemy after the whole process is over (and no one would be happy in that situation).
  • It’s common for two neighbors to get along well until the issue of property improvements is at stake. Similar to California’s Statute of Frauds regarding three types of contracts, you’ll need to receive official approval (usually in the form of a paper permit) to make certain improvements to your property before beginning construction. Without the prior approval, your neighbors will likely be able to take legal action against you if they decide they aren’t pleased with your new home improvement project (and vice versa).

All in all, you’ll want to make sure that you consider your options before taking a boundary dispute to court. Many real estate lawyers can negotiate a settlement for these disputes which please both parties involved. It’s estimated that around 95% of cases can be handled outside of the courtroom, and a good real estate law firm will be able to help you navigate the process — even if it ends up involving court.

3 Things to Check Before Hiring a Lawyer

real estate law termsMany real estate law cases in the United States stem from the fact that real estate contracts are notoriously confusing to homebuyers. There are often loopholes and fine print that the average home buyer wouldn’t pay attention to, which can get them in trouble later on.

For example, the National Association of Realtors recommends that buyers and sellers both have their own inspections done of a home before purchasing, but only 77% actually take this step. Other real estate law terms are set in stone but people try to get around them anyway or simply never complete their side of a contract. A great example of this is in home purchases and evictions. When purchasing a home, it should take about four to 10 weeks to close, but you should have a closing date in writing. In addition, tenants living somewhere for more than a year are entitled to a 60 day eviction notice in states like California.

When you have been treated unfairly by a seller or Realtor, a real estate law firm can help. As experts in real estate law terms, they can help bring you justice. To find the best possible real estate lawyer, simply make sure they have the following three things:

Knowledge and Experience
The lawyer you choose should, to put it simply, know what they’re doing. This doesn’t just mean they’ve memorized the books either. They should know how to argue your case’s unique nuances to provide the best possible chance of winning. Law can be subjective to each case sometimes, so they should have the experience to take advantage of that.

References
Every great lawyer has a network of people willing to vouch for their great work. Look into the network of the person you plan to hire before actually hiring them, in order to get a good idea of who you’ll be working with.

Great Communication
Communication between lawyers and clients is key! You will want and need to know what is going on in your case as developments come up, so that you don’t get any nasty surprises! This requires the lawyer to be very open and honest with you during every step.

Finding a qualified lawyer isn’t always easy, but if you look for the right things, it shouldn’t be an impossible task.

3 Ways a Real Estate Law Firm Can Help You

real estate law firmBuying a home, and later owning your home, can be a stressful but exhilarating experience. On one hand, you finally have a space that is all your own, and you can do as you please with that space. No more landlord breathing down your neck about tack holes or neighbors banging on your walls — it can be a great experience. But that doesn’t mean that nothing can go wrong, and when they do go wrong the stakes are often much higher than they would be with your old apartment. However, you can help yourself out and get out of sticky situations by enlisting in the help of a real estate law firm.

Foreclosure
In 2013, one in 96 homes was foreclosed upon. This is one of the worst situations you can be in, but getting someone on your side who knows property law may be able to fight your case and find a solution for you.

Wrongful Sale
Property law cases can often be quite complex, but wrongful sales are often easy to sort out once you have a real estate law firm on your side. Most states, including California, require the real estate agent you’re working with to tell the buyer about any deaths on the property within the past three years. This and numerous other issues, such as serious structural issues, must be disclosed before a sale. You have the right to sue the real estate agent if they do not.

Insurance Issues

According to the National Association Of Realtors, about 77% of homebuyers actually have an inspection done before they purchase a home. You should have your own inspections done, whether you are buying or selling a home. This will help you avoid surprises during either process, and can help you avoid issues with insurance. If you do find yourself in a dispute with an insurance company over an issue though, a real estate lawyer may be able to help you win.

The Most Common Issues Addressed by Real Estate Attorneys

real estate attorney“Do I really need to hire a real estate lawyer for a personal property issue?”

Many American homeowners and business owners today ask themselves that very question, so if you’re wondering it too, you definitely aren’t alone. There are several reasons why hiring a real estate attorney can be beneficial, so let’s take a quick look at some of the most common property law cases today:

  • Before buying a house: When you’re in the process of buying a home, an attorney can make sure that you don’t get shortchanged. Requesting certain repairs or inspections can be part of the sale agreement, and a lawyer can make sure that these conditions are met before you’re required to abide by the contract. If the seller didn’t disclose important information — such as any mold cleanup or any deaths that occurred on the property in the past three years — you’ll want an experienced legal professional who can advocate for you.
  •  

  • Writing up any real estate contracts: The terminology alone is enough to make you avoid anything related to real estate — forever! Real estate attorneys are really beneficial where contracts are concerned because they know the legal jargon used and they know to look for certain clauses or conditions that will affect you. Leases, commission agreements, and sale contracts all need to be in writing according to California regulations, or else they aren’t considered legally binding.
  •  

  • Possible eviction: Landlords are able to evict tenants if those tenants fail to pay their rent on time or if they fail to follow conditions on the lease agreement. Landlords in California are required to provide at least 60 days notice to tenants before evicting them, and both parties have the ability to take an eviction filing to court.

And those reasons above are just the beginning! The real question now is, what can a real estate attorney do for you?

1 11 12 13 14 15 25