Many people believe that if they are filing a real estate lawsuit, any attorney will do. The fact is, in order for you to have the best chances for a successful real estate lawsuit, you need an attorney who is experienced with handling real estate litigation.

“Many clients are unaware of the difficulties involved in real estate cases,” says Philip R. Brown, Hawaii real estate attorney. “Many of the cases I have handled have hinged on my experience and knowledge about real estate in this area.”

Real estate lawsuits can be very difficult, and not every attorney is able to handle real estate cases effectively. Not only can real estate claims involve zoning rules, contracts, and insurance companies, but the rules regarding real estate from state to state and even from county to county. When filing a real estate lawsuit in Hawaii, it is important that you have an experienced Honolulu, Hawaii real estate attorney on your side.

Real estate lawsuits can be filed concerning any number of different circumstances, including:

Wrongful Eviction – If your landlord is attempting to evict you from your house or apartment without reason, you may be able to recover compensation for being wrongfully evicted for each month that you should rightfully have been able to stay in your apartment of house. Deceptive Trade Practices – If the seller of a property deceives the buyer , it is referred to as unfair or deceptive trade practices. If you believe you have been deceived or the seller of a property has acted unfair, you may be able to recover compensation. Breach of Contract – There are many ways a contract can be breached in real estate, one of the most common ways contracts are breached is by illegally increasing the cost of rent. Property Purchases – Purchasing property can be very difficult because there are zoning laws as well as other contracts that must be signed. An experienced real estate attorney can help you with this process. Foreclosures – A foreclosure occurs when a property is sold in order to recover the money due to the lender who enabled the party to purchase the property. Whether you are attempting to recover money due to you, or your property is being sold, an experienced real estate attorney can help you. Boundary Disputes – Boundary disputes and land rights are difficult matters because as time goes by, boundary lines are forgotten and natural boundaries change. If you are having a boundary dispute, a real estate attorney can help you establish your land rights.

Experience can mean everything during a real estate claim. Real estate litigation involves many unique laws, and an experienced real estate attorney will have the attention to detail and knowledge of how to handle your real estate claim.

By: Sara Goldstein

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A New York real estate lawyer practices in accordance with New York law. A New York real estate lawyer handles purchases and sales of condominium apartments, co-operative apartments and homes, commercial and residential real estate transactions, assignments of sub-leases and leases, and more. A New York real estate lawyer also handles litigation involving real estate with banks, architects, building contractors, insurance companies and landlord-tenant litigation. A real estate lawyer handles building and remodeling agreements, and works to settle disputes regarding budget, materials, craftsmanship and other issues.

There are two categories of real estate lawyers in New York: litigation lawyers, who mainly work on lawsuits involving real estate, and transactional lawyers, who mainly deal with agreements and contracts involving real estate. Before hiring a real estate lawyer, clients should decide on which of the two types of lawyers they need. A New York real estate lawyer helps clients drawing up a lease agreement based on New York real estate law when leasing a real estate property, and represents the client if any landlord-tenant disputes arise. When purchasing real estate, one has to sign up a Promissory Note, so it is always advisable to keep a real estate lawyer present.

It is essential for all New York real estate lawyers to pass the bar exam, which includes multiple-choice questions and essay questions. On passing the bar exam, one must apply to the Appellate Court to seek entry to the bar and, after passing the interview with the Character and Fitness Committee, one can practice law in New York. Some of the most prominent real estate law firms are the Law Office of Kevork Adanas; Silverberg, Stonehill, Goldsmith and Haber; the Harry Herbertz Law Offices, and many more.

By: Damian Sofsian

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Mesothelioma Asbestos

The use of a Power of Attorney in connection with real estate contracts and be a powerful tool, but care should be taken to avoid potential pitfalls. Here are a few common questions that Arizona real estate lawyers commonly face with regard to the use of the Power of Attorney in the real estate context.

Q. What is a Power of Attorney?

A. A Power of Attorney is simply a signed document that authorizes one person to act on behalf of another. A Power of Attorney is commonly used in Arizona real estate transactions when a party is not available to sign closing documents and wishes to designate another person to sign for them. In such cases, if a Power of Attorney must be used, it should be limited (Referred to as a “Special” or “Limited” Power of Attorney) to the discrete use for which it is intended. In most cases, an Arizona real estate lawyer should be consulted to make sure the Power of Attorney serves only the purpose it was intended for.

Q. Who are the parties to a Power of Attorney?

A. The parties are the principal (who grants the power) and the agent or attorney-in-fact (who gets the power).

Q. What is the scope of the given power?

A. This depends on what the document says. In most cases the principal should avoid a “General” Power of Attorney, which allows the agent to do anything the principal has the power to do. A Special or Limited Power of Attorney (described above), on the other hand, will allow the agent to do only what the principal requires to get the job done.

Q. How long does a Power of Attorney last?

A. Again, this can be controlled by what is stated in the document. If the written document does not specify an expiration date or event, the document generally remains in effect until it is revoked or until the principal dies or becomes incapacitated or incompetent. In most cases, an expiration date should be included in the document because even after a Power of Attorney is revoked it remains effective with regard to third parties who don’t know it has been revoked.

Q. What is a Durable Power of Attorney?

A. In some cases the principal wants the Power of Attorney to survive his or her disability. In such cases a Durable Power of Attorney is used to avoid the automatic revocation of the Power of Attorney upon the principal’s incapacitation or incompetence.

Q. Are there any special requirements for a Power of Attorney in Arizona?

A. Yes. In most cases the Power of Attorney must be signed by a witnesses not related to the principal and must also be notarized. Also, if the agent is to receive any compensation, this must be spelled out and separately initialed by the principal and witness. There are other requirements and harsh penalties, including possible criminal repercussions, so its a good idea to have an Arizona real estate lawyer help.

Q. How should the agent sign a document on behalf of the principal?

A. The agent should sign the principal’s name “by _____ (Agent) as his attorney-in-fact.”

As suggested above, you should be very careful before granting a Power of Attorney to someone else, or before agreeing to act on behalf of someone as their agent. Its always a good idea to seek legal counsel from an experience Arizona real estate lawyer before doing so.

By: Kevin R Harper

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Scar Removal

A partition case in Rhode Island (RI) is an equitable, legal action in which a person corporation or legal entity can force the sale of real estate against another co-owner or life tenant. Partition cases can be a result of many different types of real property disputes between owners or life tenants or other people with interests in the property as set forth in the Rhode Island statute. A partition case can involve either residential or commercial real estate.

If a partition lawsuit is filed and there is no defense to the actual partition then the Court will appoint a commissioner to sell the real estate. Please note that there are usually no defenses to the actual partition. A potential defense which is rarely successful is that the property could be divided by meets and bounds. Another possible defense could be that the entity has no legal right to do the partition because they do not qualify under the Rhode Island statute or don’t have proper legal title to the property etc. There are other potential defenses that are not set forth in this article.

In the vast majority of partition cases, there is no way to stop the partition of the property unless there is a settlement. If there is no settlement, the Rhode Island Superior Court will appoint a commissioner to sell the property. In some limited circumstances a partition case can be filed in the Rhode Island Family Court. A Partition Action in the RI Family Court would usually be in the context of a post divorce action involving third party owners or even a divorce involving third parties

When a commissioner is appointed to sell the real estate, the parties lose a lot of control over the sale of the property. A commissioner is an independent Rhode Island Attorney / lawyer appointed by the Superior Court Judge. A commissioner will be very expensive to the parties because the commissioner legal fees will be taken from the proceeds of the sale before the distribution to the parties.

The commissioner may also hire other real estate experts such as a real estate appraiser to do a appraisal of the property. The commissioner may also search title to the property or hire a title examiner to determine if any other parties have an interest in the real estate. The title examiner or commissioner would need to search title at the registry of deeds. If there are title issues concerning the property the commissioner may incur legal fees to resolve the title issues. Other parties with an interest in the real estate may need to be joined as parties. The commissioner will also hire a realtor to list the real estate for sale on the open market. The commissioner will usually agree to pay the realtor the prevailing commission rate. The Realtor will be paid his or her commision at the real estate closing. Either party to the partition lawsuit, the plaintiffs or the defendants may be given an opportunity to purchase the property so long as they are willing to pay the fair market value of the real estate.

In a vast majority of the partition cases a settlement of the case is reached before a commissioner is appointed. This allows the parties to avoid the expense of the commissioner and avoid other legal fees for the parties lawyers / attorneys. If the case is not settled then the commissioner will sell the property and put the proceeds of the sale into the registry of Court and the parties can then argue as to who is entitled to those proceeds. The commissioner may need to deal with eviction issues or landlord tenant issues related to nonpayment of rent.

After the property is sold by the commissioner the parties have a right to argue as to what interest they have to the proceeds that are being held by the Court. The parties have a right to a hearing / trial on the merits concerning their respective rights to the proceeds. The parties can dispute and argue about issues concerning payment of taxes, assessments, condominium issues, insurance, condominium fees, mortgage payments, payments of the home equity line, payment of lines of credit secured by the real estate, utilities, payment of heat, electric, water, maintenance of the property, upkeep, additions, rent of tenants, remodeling issues, contracts between the parties, payment of condo fees, common maintenance fees, legal fees etc. The Superior Court Judge or potentially a Jury (if applicable) will determine these issues.

Partition cases are often filed in the context of family disputes between family members who are feuding or cannot agree whether or not to sell the property. In some instances the family dispute concerns who is responsible to pay for taxes, insurance, additions, maintenance or upkeep of the property. Sometimes, the parties cannot agree to the reasonable fair market value of the property.

In other instances the family members just hate each other and their animosity leads to vindictiveness and eventually to a partition lawsuit in Court. Many of these feuds are long standing family disputes and issues between brothers and sisters, parents and children, uncles, cousins, or other distant relatives. These cases are particular sad when they involve fathers or mothers feuding with their children (son or daughter)

In some cases, the property is viewed as a valuable family homestead passed down through the generations to one member of the family while the other member of the family wants to sell the property (home) and cash out the equity in the property.

Partition cases also are filed in the context of boyfriends and girlfriends breakups , or significant others who are involved in nasty breakups or even amicable breakups and cannot agree on what share of the proceeds each of the parties will receive upon the sale of the real estate. Partition cases can also be the result of a homosexual / gay relationships terminating. Since Rhode Island does not have gay marriages, gay couples who cannot agree on what to do with the real estate of their domestic partnership may have to file a partition case in Superior Court. Rhode Island Family Court Does not have jurisdiction over these types of disputes.

Partition actions can also be filed in the context of other types of disputes. A Life tenant with a life estate can seek to force the sale of the property against the owner of the property. A life tenant is a person with a deeded life estate with the right to live on the property for the remainder of his or her life. When the life tenant dies the life estate is extinguished. The life tenant can seek a sale of the property and can seek to partition the property.

By: David Slepkow

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Choosing a Forex Broker

When one decides to buy a house, he plans to invest most of his money in this major asset. For the same reason, great care becomes crucial, and that is when the need for a good real estate lawyer comes in.

A Las Vegas real estate attorney will play the role of a watchdog who can guide a client through the details and paperwork necessary for any house sale in Las Vegas. His work includes preparing and reviewing the client’s sales contract, and making sure that buyers are aware of exactly what they’re getting and not getting. A diligent lawyer will act as a liaison between the buyer and the lender in order to avoid any last-minute surprises. He would then summarize the documents, which should be signed by the client to facilitate the transaction. Sometimes, after the sales contract is approved, problems may arise which might require the contract to be revised. At this stage, a good Las Vegas real estate lawyer will help settle such disputes peacefully. Depending on the amount of time spent on the case, Las Vegas real estate lawyers will charge flat fees of anywhere from $300 to $1,000.

However, the job of a Las Vegas real estate lawyer goes beyond handling the sale and purchase of a house. It also includes negotiating and planning agreements for purchases and sales of businesses. They also represent purchasers or sellers in real estate transactions, for example, finalizing the contract of commercial or retail properties.

It is also the duty of a Las Vegas real estate lawyer to act as a local counsel and issue opinion letters on Las Vegas issues in transactions throughout the United States and overseas.

By: Kevin Stith

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Real estate refers to land, whether it is used for residential, industrial or commercial purposes. Real estate has become a hot topic in Michigan after the state legislature amended the constitution to prohibit eminent domain seizures of property from private owners solely for the purpose of transferring it to other private owners for economic development or to increase tax revenues. This negated an earlier court ruling.

Real estate laws are enacted by the state and the department of Housing and Urban Development, so homebuyers can have a hassle-free and fair buying process. Laws also regulate mortgage rates, and cover landlord-tenant issues and other commercial transactions. Michigan has enacted laws to regulate the practice of real estate brokers, salespersons and appraisers. These are approximately 4,500 appraisers, 20,000 brokers and 40,000 salespersons overseen by the Michigan state board.

Real estate laws are designed to prevent fraudulent behavior during home-buying transactions, establish clear titles for properties, clarify landlord-tenant disputes, and handle other matters regarding the evaluation of property, and disputes between architects, contractors and engineers. Some of the laws in the real estate domain include property laws, tenant laws and construction acts.

Some of the common lawsuits regard foreclosure, a process in which mortgaged property is sold off to pay the loan of the defaulting borrower. Equity skimming is a scam exploiting the foreclosure procedure, in which the scamster lures the financially troubled property owner to deed out the property, promises to pay the mortgage and later defaults on the mortgage payment and allows a foreclosure procedure. Other lawsuits are related to the ownership of the property and landlord-tenant cases.

Besides lawsuits, real estate lawyers handle a broad array of real estate transactions for developers, individuals and businesses. These include the drafting of deeds for property transfers, land contracts, leases, construction contracts and mortgages. They help provide services in insuring properties.

By: Jimmy Sturo

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Bulldogs

It’s surprising when it happens. An absent property owner may be completely unaware that someone is living on his property. When a person lives on the property without having permission by the property owner, it’s known as “squatting.” In some cases, squatters have been known to live in unoccupied houses and buildings for years before being discovered by the owner. In doing so, they establish a form of ownership over the property. While the true property owner can kick the person out, evicting squatters requires him to go through a legal process. In this article, we’ll explore squatters, trespassers and the art of evicting them.

Difference Between Squatting And Trespassing

First, it’s important to understand that squatting and trespassing aren’t necessarily the same. While trespassing is a criminal offense, squatting is technically a civil matter. By definition, squatting may not actually be illegal in your jurisdiction. Plus, removing a squatter requires the property owner to claim possession and prove ownership. That being said, if there are signs of a forced entry (broken windows, locks, etc.), then the squatter is trespassing and the police have the right to remove that person.

When The Law Works Against You

Surprisingly (to the chagrin of thousands of property owners), evicting squatters can take months. In cases where a squatter has lived on a property for years, it can be nearly impossible to evict them. The law requires the property owner to show proof of ownership. While that may seem a simple matter at first, the fact that years have passed without the owner of a home or building realizing the presence of a squatter can make his case less compelling. If a squatter can demonstrate restricted access (for example, locks on the main entry that only the squatter can open), he may be able to prove legal ownership.

The Art Of Evicting Trespassers And Squatters

First, if you notice squatters or trespassers are living on your property, it’s recommended that you hire a professional service to evict them. Approaching and dealing with them personally could expose you to risk. Plus, property owners may not realize that it’s possible to infringe upon the squatters’ legal rights by barging in (despite having true ownership).

Next, file a claim of repossession of your property through the County Court or the High Court. You should have the guidance of a solicitor to ensure you follow the correct procedure. Once your ownership of the property has been proven, the Court can enforce its order by having the squatters removed.

Getting Your Property Back

Finding strangers inhabiting your property without your permission can be an unpleasant surprise. To begin the process of evicting squatters and trespassers, hire a professional eviction service. Avoid confronting the squatters yourself. Prepare the necessary documentation to prove your ownership of the title. Before long, you’ll have your property safely back in your possession.

By: Stu Foster

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Satellite Pictures

With Arizona’s (and the rest of the country’s) current depressed real estate market, many people are facing foreclosures. A few things to keep in mind:

1. The foreclosure is going to continue on in most divorce circumstances unless the home’s mortgage is brought current, along with the reasonable costs associated with the foreclosure, including attorney fees.

2. Arizona has an anti-deficiency statute that is going to apply in the majority of cases involving standard mortgages. Thus, Arizona law offers protection to homeowners whose home has been foreclosed. This statute, A.R.S. §33-729, states as follows:

33-729. Purchase money mortgage; limitation on liability

A. Except as provided in subsection B, if a mortgage is given to secure the payment of the balance of the purchase price, or to secure a loan to pay all or part of the purchase price, of a parcel of real property of two and one-half acres or less which is limited to and utilized for either a single one-family or single two-family dwelling, the lien of judgment in an action to foreclose such mortgage shall not extend to any other property of the judgment debtor, nor may general execution be issued against the judgment debtor to enforce such judgment, and if the proceeds of the mortgaged real property sold under special execution are insufficient to satisfy the judgment, the judgment may not otherwise be satisfied out of other property of the judgment debtor, notwithstanding any agreement to the contrary.

B. The balance due on a mortgage foreclosure judgment after sale of the mortgaged property shall constitute a lien against other property of the judgment debtor, general execution may be issued thereon, and the judgment may be otherwise satisfied out of other property of the judgment debtor, if the court determines, after sale upon special execution and upon written application and such notice to the judgment debtor as the court may require, that the sale price was less than the amount of the judgment because of diminution in the value of such real property while such property was in the ownership, possession, or control of the judgment debtor because of voluntary waste committed or permitted by the judgment debtor, not to exceed the amount of diminution in value as determined by such court.

Interpreted, this statute means that for the average homeowner, a lender cannot seek to recover from the homeowner any shortages when the foreclosing bank sells the house for less than the outstanding mortgage amount. The second part of the statute is interesting, but reasonable, in that it references voluntary waste -if, for example, a homeowner angry at the foreclosing bank wrecks his/her home intentionally, the homeowner may be responsible for the effect the damage has on the home’s value.

So what options does a homeowner have in a divorce situation or otherwise? Here are a few:

1. Let the bank foreclose on the property. The foreclosure in most circumstances will absolve the homeowner from most or all further financial responsibilities but will not reflect well on the home owner’s credit report. Consult an attorney regarding your specific situation prior to assuming that there will be minor or no financial repercussions as there are exceptions to the anti-deficiency provisions of A.R.S. § 33-729. If there are negative financial repercussions, community property principles apply and if a divorce situation exists, then the parties or court will decide the parties responsibility for the financial obligations. Of course, any divorce rulings define the rights and obligations as between the parties only and are not binding on third party creditors, such as mortgage holders, meaning that banks are free to go after both parties if community property/obligations are involved.

2. Bring the mortgage current and retain the property. The homeowner will have to pay additional fees/costs to do so but then will continue to own the property.

3. Consider a “short sale” which is an effort to sell the property at a reduced price so that the bank will not have to bother with the time and expense of foreclosure. The bank then accepts the buy-out, basically, with less negative effects on the homeowner. It’s more complex than that but that’s the gist. I recommend that a lawyer guide both the seller and buyer of anyone participating in a short sale situation; as well, a good real estate agent familiar with short sales is recommended. Of course, when the real estate market is better than it is at the time of this writing, selling a house and paying off the mortgage in full is easier than it is now. In addition, some lenders will not agree to short sales because they believe it sets a bad precedent that too many other borrowers will attempt to use. Another piece of the short sale puzzle is the possibility the IRS will consider any amounts forgiven as income (consult an attorney regarding the Mortgage Forgiveness Debt Relief Act of 2007 for specifics on that new law and related consequences).

Real estate issues are complex and real property is often the largest asset involved in a divorce. It’s a good idea to consult with a competent attorney prior to making decisions about real estate!

By: Carrie Wilcox

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The following are some miscellaneous legal issues that may affect a foreclosure case. These include the issue of putting a case into federal court from state court, as well as diversity jurisdiction. Finally, if homeowners win a case against a bank, and the case is appealed by the lender, the borrowers may be able to require the bank post a bond in order to move ahead.

Although some issues relating to a foreclosure lawsuit defense may involve federal laws, such as the Truth in Lending Act or Real Estate Settlement Procedures Act, many times federal courts do not have jurisdiction over a foreclosure or eviction case. These are matters that deal almost exclusively with state law and will more often be kept in state court.

However, some defendants to foreclosure may seek removal of a case from the federal court to the state court based on TIL or RESPA claims. In some of these instances, the argument is that the case would have been brought into the federal courts in the first place as the court of original jurisdiction over the homeowner’s claims.

There is also an issue of diversity jurisdiction. In these cases, the homeowners must prove a number of circumstances to make the argument of diversity jurisdiction. These include showing that the parties to the lawsuit have diverse citizenship, as well as that the controversy is for more than $75,000. The amount of the controversy is considered to be the value of the object of the lawsuit.

In cases where the homeowners win a case against a bank, there is a good chance the lender will appeal the decision. In such situations, homeowners are well within their rights to request the court to require the bank to post a bond. In several cases, lenders have been required to do so in order to move ahead with their motions to the appellate court. This is similar to a homeowner being required to post a bond to bring an action into court to enjoin a nonjudicial foreclosure sale.

These are a few issues that some homeowners may come up against when attempting to defend their home or bring an action against the bank. In reality, they can be much more complicated than the standard foreclosure defenses, as they involve the lender’s or homeowners’ use of different court systems. Unfortunately, foreclosure is never as simple as homeowners would like. While these issues may be uncommon, they are not unheard of when dealing with a bank. This is, of course, one more reason that homeowners may wish to request professional foreclosure help when attempting to save a property.

By: Nick Adama

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1) How long does it take to evict a tenant for non-payment of rent in Rhode Island?

In order to begin the process of evicting a residential tenant in Rhode Island (RI) for non-payment of rent, the tenant must be more than 15 days late and then a five-day demand notice must be sent to the tenant. After the five days, you are entitled to file a complaint for eviction of the tenant for non-payment of rent and the court date will be nine days thereafter. If the ninth day falls on a weekend or holiday, then it will carry over to the next business day. After attending court to get the tenant out, it will take a minimum of five days to evict the tenant up to a potential of a month or longer (if there is an appeal).

2) Is it legal to do a self-help eviction in Rhode Island?

No. Under Rhode Island law it is illegal for a landlord to do a self-help eviction. The landlord must go through the proper legal channels in order to evict a tenant from the premises. In the event that a landlord does an unlawful eviction, the tenant is entitled to collect damages against the landlord.

3) How long does it take to evict a month-to-month tenant?

In order to evict a month-to-month tenant, you are required to send a thirty-day notice to terminate the tenancy pursuant to Rhode Island law. After the thirty-day period has expired, then the landlord is allowed to file a complaint for eviction. This type of eviction is a lengthy process because you must not only wait the thirty days, but the tenant has a minimum of twenty days to answer and after that it takes a minimum of ten days before you can get a court date. After that court date, it takes a minimum of 5 days up to a month or longer to get the tenant out (depending on whether or not there is an appeal).

4) My tenant has a lease but is violating the lease and causing problems. What do I do?

Pursuant to Rhode Island law you can send them a notice asking them to terminate the offending behavior within 20 days. If they do not terminate the offending behavior, then you are able to file an eviction against them. These types of evictions are lengthy and you must prove that you sent the notice and that the tenant did not comply with the notice after receiving the notice. If the tenant is a month-to-month tenant, then it is better to terminate the offending tenant’s tenancy rather than go through the above-described process.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.

By: David Slepkow

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Making Money at Home