Most people aren’t aware of real estate law, but it has existed for a long time. There are many reasons why you may need a real estate attorney. However, it is essential to enlighten yourself on estate law before consulting a lawyer to know which kind of questions to ask.
A real estate agent and an attorney can assist you if you are faced with the following problems.
Boundary disputes: These disputes are common between neighbors fighting over property boundaries. Look for a real estate attorney title company who will assist you in conducting a title search to get information about your neighbor’s property. You require enough proof to show that your neighbor has taken part in your property.
Evictions: It’s mandatory in most states for landlords to give tenants notice before eviction. If the tenant fails to honor the eviction notice, the landlord can file an eviction lawsuit. It is the real estate attorney’s responsibility to advise you how to go about the court process.
Foreclosure: Lawyers who’ve attended real estate attorney school know too well how to handle a foreclosure case. Due to various reasons, a person can fail to honor a mortgage loan that may subject the property to sell or declare bankruptcy. An experienced lawyer will help you halt the foreclosure process and regain your property.
There are several reasons in which you may need a real estate lawyer including but not limited to an eviction case, foreclosure or even boundary disputes. This type of lawyer generally has experience with all three types and could be very useful in helping you if your case goes court. Enlightening yourself a bit before contacting a real estate firm could better help you ask the right questions when choosing a competent real estate attorney. Here is a small look into some of the facts and laws regarding these situations.
- Evictions: In most states, a landlord must give notice before an eviction, the length of which varies depending on where you live, for example, California law states that the landlord must give a 60-day eviction notice if a tenant has lived on the property for over a year. After a notice is properly served and the tenant fails to comply then the landlord can file an eviction lawsuit (or unlawful detainer).If an eviction does go to court, it generally takes a judge 20 days to hear and decide an eviction case after a request for trial is filed from either the tenant or landlord.
- Foreclosure: Unfortunately this type of procedure happens all too often, in 2013 one in every 96 people reported a minimum of one foreclosure filing, which can be quite an ordeal for families. The foreclosure process is set in motion when the owner of a loan or mortgage fails to make the agreed upon payments. A couple steps you can take to help halt the foreclosure process would be to either sell, file bankruptcy or try to refinance the loan to name a few.
- Boundary disputes: A boundary dispute is a disagreement between neighbors over property lines, this issue seems to be common among landowners. Before filing any sort of suit you should collect as much information as possible, such as how long the land in question has been occupied by the neighbor, whether or not permission was given and how much land is in question. Usually, a title search to determine how much property was in the original sale or inheritance is enough to settle this type of real estate dispute.
Sometimes, despite your best efforts, you may have to settle these disputes in court and will have to get the ball rolling on finding an attorney who specializes in property law. Knowing the facts and having a good attorney at your side can make going to court a little less intimidating even if it is just an eviction case. Assuming you’re in the middle of a dispute, how do you see the court process happening without a real estate lawyer?
