Following The Letter Of The Law With A Real Estate Attorney In Carlsbad

by | Apr 21, 2014 | Lawyers and Law Firms

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Buyers and sellers benefit from the services of a Real Estate Attorney in Carlsbad. The legal process for selling the property is complex and requires an attorney to preserve the interests of all parties involved. The sales contract is confusing at times and may include language that allows for hidden terms in which either party is unaware. An attorney is trained to identify this language based on predatory lending practices and probable conflict with real estate agents.

Following The Letter Of The Law

Real estate agents work on commission; most contracts outline the amount of earnings he or she receives for the sale of the property. However, an attorney could identify any changes that are made to the contract after the date it was signed. At the closing, this is a checklist item that is examined. A closing attorney calculates this figure to ensure that the real estate agent is not performing any illegal actions to acquire further earnings that are hidden in the contract.

The title and deed presented by the seller must comply with the laws set forth for the state of California. They must show a clear owner, the seller. If the seller’s name does not appear on this ownership-based document, the transaction is illegal. A Real Estate Attorney in Carlsbad inspects property records and title transfers for the property for at least the last twenty years. This allows him or her to make distinctions about the property and ensure that all previous transactions followed California’s real estate laws.

The mortgage contract is examined by an attorney. A nation-wide crackdown on predatory lending practices has presented the need for further inspection of these documents. The attorney, which oversees the sale of a given property, questions the lender when necessary about any terms listed in these contracts. The lender must present an income-to-debt ratio for the buyer to offer proof that he or she can afford the mortgage and fulfill insurance requirements without difficulty.

Real Estate Attorneys in Carlsbad can inspect mortgage contracts for consumers, even if they were not the closing attorney for the original transaction. This is necessary when a homeowner needs a modification due to financial difficulties. Foreclosure cases are remedied with these modifications as well.

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