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The following article was published in our article directory on January 9, 2013.
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Do You Need a Real Estate Attorney?

Article Category: Legal

Author Name: Arren Weathers

If you have plans to buy or sell a real estate property, will you need a real estate attorney? Most people would say no. Some would not even use a broker s service and do everything on their own.

Mortgage

If you applied for a mortgage loan, you will be required to make monthly payments for several years. However, there may be instances when your monthly income changes. There are unfortunate instances when you can no longer pay the monthly mortgage payment that was agreed upon when the loan was granted. Not paying monthly may be a big problem that usually results to individuals losing their real estate property - the home.

You can prevent it from happening if you would go to a real estate attorney. He or she can help you modify the mortgage terms and even arrange for a lower interest rate. Most people do not know that a mortgage term can be modified and have to go through bigger financial problems later. Modifications can be done by reducing the interest rate, changing how the rate is calculated, extending the loan term, and reducing the fee such as penalty for late payments.

Foreclosure

Many people are familiar with foreclosure and most of them do not want to go through it. If you have been behind your monthly payments for your house and did not seek an attorney s help for adjustment of mortgage terms, you can also go to an attorney if you already have to go through foreclosure.

A real estate attorney can help you file an Answer with the Circuit Court, which can be filed only within 20 days after the mortgage holder, lender or bank filed a suit for your non-payment. If you don t file an Answer, a default judgment against you can be entered.
Escrow Services, 1031 Exchanges, Etc.

A real estate attorney can also assist you with escrow services and 1031 exchanges. An attorney can be an escrow agent, who will be holding the money or property in trust until a specified event and will release it to the individual or entity you will specify.

An attorney can also help you with 1031 exchange or deferred exchange. It allows you to sell your real estate without having to pay capital gains tax. It is a great way to proceed to an investment without losing equity to taxes.

An attorney could also help with quiet title. A quiet title is a law suit for equity. Your attorney can help you get final determination if there are adverse claims to property; if there are other people claiming ownership of a real estate property.

To put it simply, a real estate attorney may be of help if you are dealing with a real estate s commercial or residential sales. An attorney can guide you to legal aspects of mortgage, foreclosure, escrow services, 1031 exchange and quiet title. An attorney can also be of help with real estate development, foreclosure, short sale, mortgage, lien, title action, promissory note, loan agreement, and assignment of lease or rent.

Keywords: business attorney, foreclosure attorney, real estate attorney

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