When to Call a Real Estate Lawyer

Buyers May Not Be Aware of All the Hoops of Foreclosure, but a Real Estate Lawyer Can Help

Carolyn Lawrence
In these uncertain times, many people are facing foreclosures or pre foreclosures. However, it is a good time for buyers to by foreclosed homes and businesses. If you are a potential buyer wanting to purchases a pre foreclosure or foreclosed home or business, there are a few things you should consider before purchasing a foreclosure. One thing you should consider is a real estate lawyer. With a real estate lawyer on your side, you can keep yourself informed on multiple items that many first time buyers would not consider, including the following items:

1) What your state's deed of trust laws are. A real estate lawyers can fully explain your state's deed of trust laws to you, to make sure that trust laws are adhered to. This is a great reason to have a real estate lawyer on your side. A real estate lawyer is a great relationship to have, as a majority of real estate agents may not have the experience and know-how with all the legislative knowledge, while a real estate lawyer will know.

2) What about liens against homes and businesses, home equity, and the like? Most buyers are inexperienced in the details of home buying and can rely on others to explain appropriately the fine print. However with home equity, liens and the like, home buyers may find that a real estate lawyer if a great source. A lawyer can verify that the owner has successful kept the property's equity satisfied and that there are no mortgage, utility, liens or otherwise on the property. Should there be liens of some sort on the property, a real estate lawyer can satisfactorily aid the buyer by helping them navigate through the financial paperwork to make sure that the buyer is covered.

3) Are there any anti-predatory lending laws? A real estate lawyer have knowledge of explicit, state anti-predatory lending laws, that keep buyers from being misled by predatory lenders. Most states will have anti-predatory laws already in place to protect buyers and only a real state lawyer will know extensively your state's laws.

4) What are your state's federal residential mortgage lending laws? For first time buyers, federal residential mortgage laws can be confusing, and a real estate lawyer will inform you on any federal lending laws to keep buyers from being misled by mortgage lenders.

5) What tax information will you need to purchase a foreclosure? A real estate lawyer will be able to answer any tax questions a buyer may have on a foreclosed property. They will also be of service by filing the proper tax forms for buyers. There may be certain federal and state tax applications that a buyer needs to file for the foreclosed property. When purchasing a property, it is best to consult a real estate lawyer to ensure that all the necessary forms are filed.

6) What if the buyer needs to break a sale contract? Buyers may not understand all the nuances pf breaking a sales contract. With the help of a real estate lawyer, a buyer with a real estate lawyer can better handle this situation than just with a real estate agent, as a lawyer will be able to assist you with all legalities involved in breaking a contract. Even seasoned real estate agents may not be experienced enough to handle breaking a sales contract.

A real estate lawyer will keep you informed on all the legal rights you will have as a buyer, regardless of the property status. Yet, when it comes to foreclosures and pre foreclosures, it is paramount for buyer to have a knowledgeable person in their corner, helping them with their prospective property investments.

Published by Carolyn Lawrence

I have been writing and taking photographs for as long as I can remember.  View profile

To comment, please sign in to your Yahoo! account, or sign up for a new account.