Common Title Issues in Residential Real Estate Sales

A clear title is a critical part of any residential real estate transaction. Simply put, clear title means that the seller has the legal right to pass on the property to the buyer.
To verify that a title is clear and free of “defects” or “clouds,” a title company or skilled real estate attorney does a title search. The attorney determines that the real estate title is legitimate, as well as in whom the title is vested, so the buyer can be confident that they are the real estate’s legal owner.

Common Issues Affecting Clear Title

The title search includes searching for potential issues that limit the seller’s ability to pass the title to the buyer. These include things like outstanding mortgages, judgments, restrictions and other encumbrances against the property that may affect ownership. Here are some of the most common issues residential real estate buyers encounter.

Mechanic’s Liens

Mechanic’s liens are liens placed against the property by a general contractor or someone else who has helped improve the property. Contractors place liens against the property to help ensure they get paid, and the lien is intended to be released when the job is complete. However, sometimes contractors fail to release the lien, either because of a paperwork error or because they were never paid. When a creditor has filed a lien on the home against a seller, it prevents the seller from selling the home.

Divorces and Family Disputes

Family dynamics can also cloud an otherwise clear title. For example, a couple purchases property together and then later divorces, the ex’s name sometimes remains on the deed. The ex’s name must be removed from the deed before the seller can pass title to the buyer.
Children who inherit a property can also cause title issues when not all of them agree to sell it. Your attorney can help negotiate the purchase with the remaining siblings who inherit a share of the property.
Finally, past due child support or spousal support can also lead to liens that prevent a seller from transferring property rights to the buyer.

Financial Issues

Financial issues can also prevent the transfer of clear title from a seller to a buyer. When a seller has failed to pay taxes, a lien can be placed on the property. The tax issues must be resolved before the sale is final.
Bankruptcy can also cloud a title. When the seller has been involved in bankruptcy proceedings, it may be necessary to petition the court to release the property from the bankruptcy process.

Contact an Experienced Real Estate Lawyer for Help

Any title issue discovered needs to be resolved so that the seller can pass clear title on to the buyer. That’s just one of the reasons it’s important to have an experienced real estate lawyer on your side.
Your lawyer can help you discover potential issues and resolve them quickly so that you can sell your home or purchase the home of your dreams without worry. To contact one of the real estate attorneys at the Lonergan Law Firm P.L.L.C. call 214-760-6768214-760-6768.

Commercial Real Estate: 5 Red Flags to Look for Before You Sign a Lease

Signing a commercial real estate lease marks an exciting time for your business, as it shows growth and greater opportunities for the future. Before you sign on that dotted line, however, it’s important to read your commercial lease in its entirety. Ensure you understand your rights and responsibilities, as well as the landlord’s rights and responsibilities.

5 Red Flags to Watch Out for in a Commercial Property Lease

If you sign an undesirable lease, it’s nearly impossible to exit without suffering some form of loss. As you read through your draft lease, watch out for these red flags.

1. Automatic Rent Increase

An automatic rent increase clause allows the landlord to increase the rate of rent automatically after a chosen period of time, often in yearly increments. For start-up businesses or small to medium-sized businesses, an automatic rent increase can cause unexpected financial struggle. Your lease should clearly explain any automatic rent increases or renewal terms, if applicable.

2. Broad Renewal Clause

Your lease should include a renewal clause that explains your options should you need to renew your lease. Make sure the renewal clause defines terms with great specificities, such as covering how much notice you need to provide to renew, how may renewal terms you have available to you and much more.

3. Unexpected Fees

Avoid a lease that mentions “occasional” or “unexpected” fees. With this wording, some landlords may attempt to charge your business fees that are not listed in your contract. If you have any concerns with the wording regarding fees, require the landlord to state each one outright in the lease itself. You don’t want unforeseen financial issues cropping up mid-lease.

4. Unfair Relocation Clause

Your landlord may try to work in a clause that says it may choose to move your business to another storefront or floor at any time. While relocation clauses are common in commercial property leases, you can ask for certain terms to be included. For example, you can ask to include contingencies that require the landlord to help pay for relocation and allow you to pay the original rent amount. If you cannot remove the clause or add in such contingencies, you may want to think twice about signing on the dotted line.

5. References to Spoken Promises

Any promise made by your landlord should be outlined in writing within your lease. Even if you know your landlord personally, a written agreement solidifies your relationship, protecting both your business and the landlord’s property. Make sure to include all verbal agreements within the written lease before both parties sign.

Does Your Commercial Lease Show any of These Red Flags?

If you have concerns about any of the clauses included in your draft commercial property lease, reach out to a professional commercial property attorney for help.

What Is a Short Sale and Is It the Right Choice for You?

Have you found yourself in a severe financial bind, unable to pay your mortgage? You’re not alone. A study completed by Harvard has shown that 38 million households can’t afford their homes. Going through a foreclosure isn’t your only option, however. A short sale can benefit both you and your lender while helping you get back on your feet faster.

What Is a Short Sale?

A short sale occurs when real estate property is sold for less than the whole amount owed on the mortgage. Short sales are typically considered before foreclosure when a homeowner is behind on mortgage payments. A short sale can also occur when the housing market decreases, leaving behind a house that is now worth less than the mortgage balance.

The Benefits of a Short Sale for Your Property

Although a short sale can take some time—up to a year in some cases—there are some benefits to pursuing it, for both the homeowner and the original lender.

• Homeowners can avoid foreclosure: Short sales are voluntary and don’t have as many consequences as forced foreclosure. Foreclosures can keep homeowners from securing another mortgage for up to seven years and are damaging to their credit.
  
• Lenders can get back what they gave: During a short sale process, lenders can receive most of the original loan through the sale of the property. Other options such as foreclosure require a more expensive process.
  
• Financial flexibility: You could benefit from greater financial flexibility with a short sale. Often, homeowners are not required to make mortgage payments while undergoing the short sale process, benefiting those who are under major financial stress.
  
• Exit the property with dignity: As a homeowner, you’ll benefit from knowing you sold your home, instead of having it taken from you forcefully. You’ll also keep foreclosure from being a part of your credit report.

Is a Short Sale the Right Choice for You?

For a successful short sale, it’s important to hire someone to help you navigate the intricacies of the process. If you’re considering selling your home as a short sale, consider speaking to a professional short sale attorney. To learn more about the short sale process, send us a message.

Residential Closing Process: What to Expect as a Buyer

Whether you are purchasing your first home or investing in residential real estate, the closing process is an exciting time. This process involves a buyer and seller signing the necessary paperwork to make the sale official. To ensure the closing process moves as smoothly as possible, it’s best to be prepared.

What to Do Before the Closing

Before the closing occurs, there are a few steps to take as a buyer: 

• Conduct a walkthrough: You should do a walkthrough of the property to ensure repairs have been made or that the property is ready for new ownership. If any difficulties arise, the closing date can be delayed. Make sure all parties are aware of the situation and can decide on the next best day for closing to take place. 
• Have your payment prepared: Make sure you have an acceptable form of payment prepared such as a cashier’s check. Payment and fees will be paid for the property during closing. 
• Bring proper identification to your closing appointment: Be prepared to bring your identification such as a driver’s license or passport for filing purposes.

What to Expect During Closing

During the closing meeting, you’ll be signing legal documents related to the property. These will differ between buyer and seller. As a buyer, you will sign an agreement between you and the lender (if you are seeking a mortgage). There could be a few parties at the meeting depending on your needs, including a closing agent, the lender and your realtor. We also recommend you have an attorney present to represent you and your interests.

Your closing agent will ensure all necessary paperwork is signed and recorded and all payments will be paid and distributed to the right parties. Once all documents are reviewed and signed, the closing process is complete.

Don’t Go Through the Residential Closing Process Alone

It’s in your best interest to hire an attorney to represent you during the closing process. Your attorney will ensure all paperwork is complete and that any situations that arise before or during the closing are taken care of. To learn more about the residential closing process in Dallas, Texas, reach out to us at the Lonergan Law Firm P.L.L.C.