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Real Estate Legal Advice
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Real Estate Legal Advice Everybody Should Know When Undertaking Any Property Transaction Or Mortgage
This department covers real estate legal advice that everybody should be aware of, especially loan officers and mortgage brokers. These real estate training articles are presented here for informational purposes only and it is advised that you seek proper legal counsel before choosing a course of action. The more knowledeagable you are as a loan officer, the more mortgage loans you'll close.
RESOURCES IN THIS DEPARTMENT:
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RESPA Rule 5B (And The Tooth Fairy)
RESPA Rule "5b". Do you know it? If not, you can get sued, go to jail and have your property condemned for up to 18 months by the Federal government. Actually...I just made that up. Why would I play a dirty trick on you like that? To make a point -- learn the laws and the customs that are common to your real estate business, and make it a point to learn the difference between the two. . . . >>> READ MORE
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Remember To Sign All Your Documents Correctly
OK, you set up and LLC or corporation to protect you, then you end up losing protection because you don't sign your name correctly. Common things I see is a person signing leases and contracts with their own name instead of on behalf of their LLC. . . . >>> READ MORE
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Working With Your Real Estate Attorney
Purchasing or selling a home will probably be one of your largest and most important financial transactions. Before signing a contract to purchase or sell a home, both buyer and seller should consult an attorney to assure that the real estate transaction will be handled legally and professionally. . . . >>> READ MORE
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Negotiating The Real Estate Contract
Negotiation is the process of communication back and forth in order to reach a joint agreement. There is no "one size fits all" strategy of negotiating a real estate contract. Many of our clients have been very experienced negotiators, and we have learned a great deal from them, as well as from books on the subject. . . . >>> READ MORE
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Real Estate Bankruptcy
Although real estate bankruptcy cases no longer dominate the bankruptcy courts' dockets as they did in the early nineties, but they continue to be filed with great frequency. At its essence, the real estate bankruptcy is a two party dispute between mortgagee and mortgagor. Real estate bankruptcy cases are typically filed after a foreclosure sale has been set. . . . >>> READ MORE
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The Pros And Cons Of Hiring A Real Estate Lawyer
You're travelling in a foreign country and you get arrested for something that you didn't even know was against the law. The potential fine is huge, more than you earn in 10 years. Would you represent yourself in front of judges who might not even speak your language? Not if you had any sense you wouldn't. You'd probably hire a lawyer. . . . >>> READ MORE
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Estate Planning: Real Property Disbursement Problems
Many parents want to give an equal share of the family home or some other sentimental form of real property (actual land usually) to their surviving children in equal shares. As an estate-planning attorney, one often sees the strange problems created by such plans. In particular if there are an even number of children, this may create hardships as voting blocks of family members eventually have to resolve votes that are evenly split in court or at least face the hardship of that choice among their siblings. . . . >>> READ MORE
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Beyond The Handshake - How To Invest In
Real Estate With A Partner
Working with one or more partners on a real estate deal is frequently a wise decision, if not a necessity. For beginning investors, taking a partner helps offset the risk of even a small investment. More experienced real estate investors may want to take on partners for the same reason, since as the deals get bigger, the risk becomes greater. . . . >>> READ MORE
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Fishy Frauds In Real Estate Investing Beware
Rip off artists appear in all shapes and sexes. They usually are nice looking, well dressed and very smooth talkers. They, in conversation, tell you about a financial killing they made, or are in the middle of closing. Then they change the subject. A really smooth talker never asks or suggests you invest. . . . >>> READ MORE
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Basics Of The Real Estate Contract
The real estate contract is the most often used, yet little understood tool in the real estate business. Whether you are a rank beginner or seasoned expert, there is no excuse for not knowing and understanding the real estate contract. . . . >>> READ MORE
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Essential Contract Clauses
The reality is, real estate brokers don't like "seminar" forms. They are comfortable using the "standard" agreement, although the standard agreement is usually drafted to protect the real estate broker, not you. . . . >>> READ MORE
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Important Tax Implications Of Lease/Options
There are some interesting and lucrative advantages of using options as both an optionor and optionee of real estate. Generally speaking, option money is not taxable to the optionor until the option is exercised, expires or is abandoned. I.R.C. Section 1234 (subject to "dealer" rules, discussed below). If it expires or is abandoned, it is taxable to the seller as ordinary income at the time it expires or is abandoned. . . . >>> READ MORE
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Can Foreclosure Investing Be "Criminal"?
I recently attended a "free" seminar on how to "get rich quick" in foreclosures. The speaker had a different angle than the usual "steal it from the homeowner" method. The speaker suggested that you approach the homeowner with the following plan... . . . >>> READ MORE
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The Property Recording System
Virtually every county in the United States has a place where records of title are publicly recorded. The recording system gives constructive notice to the world of the transfer of title to property. Recording simply involves bringing the original deed to the local county courthouse or clerk and recorder's office. . . . >>> READ MORE
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Essential Contract Clauses: Part 2
Most standard broker contract give the buyer the right to make the contract contingent upon your right to do a thorough inspection before a certain date. Make certain that the inspection period is short and that the inspection must be done by a licensed (if they are in your state) professional inspector. . . . >>> READ MORE
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Know Your Real Estate Laws
People settle claims out of court all the time, and that is often the smart thing to do. But, most people forget the one simple step that is crucial to the process. This simple step, if omitted, can result in a future lawsuit against you, even if you allegedly settled the claim. . . . >>> READ MORE
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Dealing With The "Dealer" Issue
The capital gains, exchange rules and installment sales rules apply for properties held for "productive use." I.R.C. §1234. If you are actively buying and selling real estate on a regular basis, you may be considered a "dealer" in real estate properties. A dealer is one who buys with the intent of reselling rather than for investment. . . . >>> READ MORE
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Dealing With The "Due On Sale" Clause
The "due--on--sale" clause is probably the most talked about, feared and misunderstood topic in real estate. This article will dispel any misunderstandings you may have about the due--on--sale and suggest a simple, yet effective strategy to get around it . . . >>> READ MORE
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Learn Your Landlord-Tenant Laws
BATTLECALL GUEST EXPERT: Attorney William Bronchick Of LegalWiz.com As an investor working with tenants, you should be very familiar with the laws of your business. These laws apply whether you . . . >>> READ MORE
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Can A Buyer Be Held Liable Beyond His Earnest Money?
The "standard" real estate contract usually has a provision spelling out the legal remedy of the buyer or seller upon default of the agreement. In most cases, the buyer wants to limit his risk of loss by offering a small earnest money deposit and inserting a "liquidated damages" provision. . . . >>> READ MORE
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Using Personal Property Trusts
If you have been reading my articles, you are probably familiar with the concept of creating and using land trusts for privacy and protection of your real estate. However, what about your ownership of notes, mortgages, deeds of trust, leases and options that may appear on public record? What about cars, boats, mobile homes and other items that are registered and recorded in public places? Good news...there is a special trust just for that purpose! . . . >>> READ MORE
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The Mortgage Elimination Scam
The mortgage elimination promoters cite various court cases in support of their position. At first blush, it would seem there are dozens of court cases in which the judge actually did what they claimed, that is, declare a mortgage void because the lender used borrowed funds for the loan. But, since most laymen are not trained in the law, they take this stuff, hook, line and sinker. . . . >>> READ MORE
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Illegal Property Flipping
There has been a lot of negative press and misinformation lately about double--closings. Many people have been indicted recently under what the press has labeled "Property Flipping Scams." Misinformed lenders, real estate agents and title companies will tell you that double--closings are now illegal. In fact, they are nothing of the sort. . . . >>> READ MORE
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How Bankruptcy May Affect A "Subject-To" Deal
How does bankruptcy affect "subject-to" deals? Here, Attorney William Bronchick breaks down advice and answers your questions. A bankruptcy is a specialized financial situation you must be careful with, especially with real estate investing. . . . >>> READ MORE
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Should You Use An "Attorney's Fee" Clause?
Most "standard" real estate contracts and leases contain provisions that state something to the effect, "If there is any dispute as to the agreement, the winning party is entitled to attorney's fees." Is this a good idea? . . . >>> READ MORE
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