Real Estate Law – Five Laws Real Estate Investors Need to Know

May 20, 2016 in Blog, Real Estate Law

Bidding on a homePurchasing real estate is usually the biggest trade and is a major choice most buyers and sellers will make. The sale and purchase calls for complicated areas of law that don’t apply elsewhere. You’re not ordinarily needed to hire an attorney to represent your interests in the trade; most deals can be closed without one. Nevertheless, it’s recommended to use the services of a real estate law firm in a property trade, despite the fact that the price may raise. Here are just a couple of the scenarios where it’s especially crucial that you seek the services of a property law firm.

Short Sale

A short sale is the sale of real estate for less than the sum owed on the mortgage. To put it differently, the seller comes up “short” on the cash to finish paying off the loan. It’s always advisable for distressed homeowners who are considering a short sale to seek the services of a property law firm.

Symbol of a successful real estate business. Collage. IllustratiQualifications

Generally, there are four qualifications for sale that is short: The market value must have fell, the mortgage must be in or close to default, the vendor must be suffering a financial hardship, and the seller mustn’t have other assets that could be used to pay the total balance of the loan. If the seller has any assets that could be used to finish paying off the loan in full, the lender may request the vendor make a contribution to the settlement and to liquidate them. Some states shield sellers against this, and some matters aren’t considered assets. A property law firm will completely assess the scenario of the vendor, decide if the vendor qualifies and give legal advice regarding the best way to best protect.

Lender Acceptance of the Deal

Also, it’s essential for a lawyer to negotiate the most protection for the seller and to ensure the lender’s acceptance for a short sale. Without the acceptance of the bank, or without ensuring the seller is sufficiently shielded from the mortgagee in the future, the bank may have the ability to get a deficiency judgment.