title/deed issues, when to hire a lawyer

Another obvious reason to hire a real estate attorney or a quitclaim deed attorney near me is to cure or correct title defects related to a real estate property. As a general case, real estate transactions at times involve complications and fulfillment of several different technical procedures and paperwork.

Full Answer

Can a title agent hire a lawyer?

Attorneys can provide legal advice on the best way to handle the issue, as well as prepare necessary documents, title agents cannot. Depending on the issue, a title agent will in fact have to send parties out to hire an attorney (at their own expense) to handle specific problems.

Do I need a lawyer to get a deed?

Therefore, if you need any help transferring, drafting, or obtaining a deed, then you should consult a local real estate attorney for further guidance. Your lawyer can help ensure that the transfer goes smoothly and that the transaction is conducted in a manner that complies with relevant laws and proper protocols.

Why hire a lawyer for deed transfers?

There are several benefits of hiring a real estate lawyer for deed transfers. Having an extra layer of protection ensures that all laws are followed and mistakes are corrected before it is too late. A property lawyer can research all requirements, negotiate, draft the deed, and represent you in court if necessary.

How does a lawyer handle a dispute over a deed?

Disputes over real estate deeds are usually handled by a combination of deed review and title searches with the county recorder’s office. A lawyer will usually conduct a title search in order to determine which parties legally possessed the property in the past. A title search should reveal how the property was transferred in the past.

Do I need a lawyer at closing Pa?

The real estate closing process seems relatively straightforward; however, you still will likely want an attorney to guide you should issues arise. Unlike some states, Pennsylvania does not require buyers to involve a lawyer in their home buying process.

Do you need a lawyer to buy a house in VA?

Unlike some states, Virginia does not require that buyers involve a lawyer in the house-buying transaction.

Do I need a lawyer to sell a house in PA?

Unlike some states, Pennsylvania does not require that sellers involve a lawyer in the house-selling transaction. Even if it's not required, you might decide to engage a lawyer at some point in the process—for example, to review the final contract or to assist with closing details.

Is Pennsylvania an attorney closing state?

Several states have laws on the books mandating the physical presence of an attorney or other types of involvement at real estate closings, including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New ...

Why you should hire a real estate lawyer?

Hiring a commercial real estate lawyer reduces the potential risks in a commercial property transaction as many people don't know how to sell or purchase a property. This can lead to serious complications. For instance, a sale property's price may appear too good to be true.

What do real estate lawyers do?

Commercial property (or real estate) lawyers act for a variety of domestic and international clients – including investors and developers, governments, landowners and public sector bodies – on a wide range of transactions, involving everything from offices to greenfield and retail developments, infrastructure projects ...

How long are you liable after selling a house?

Statutes of limitations are typically two to 10 years after closing. Lawsuits may be filed in small claims court relatively quickly and inexpensively, and without an attorney.

Can I be forced to sell my house?

If one person wishes to sell the house and the other does not, an action of division and sale needs to be raised to ask the court to order a sale. The other person can ask the court to postpone or refuse the sale.

Do I have to pay an estate agent if I sell privately?

Sole selling rights means that the estate agent will have the exclusive right to sell your home and you will still have to pay the estate agent even if you find a buyer yourself. A sole agency is still only using one agent, but if you find a buyer yourself you don't have to pay commission to the estate agent.

What is required in Pennsylvania real estate transactions?

By law, a Pennsylvania real estate sales agreement must provide a description of the property and any identifiable damage. Sellers must disclose any structural defects or problems tied into the property. This is to ensure buyers sign and agree to the sale with a full understanding of the property's condition.

Is Pennsylvania an escrow state?

As a mortgage provider in Pennsylvania, New Jersey, Delaware, and Ohio, these states require escrow accounts, but there are differences in the third-party members required to handle the transaction.

Which person can alter escrow instructions?

The principals may change, by mutual agreement, the instructions at any time and one principal may waive the performance of certain conditions, provided the waiver is not detrimental to the other principal to the transaction.

Why do you need a lawyer for a deed?

Having a lawyer for property deeds provides an extra layer of protection for each party and will keep deed transfer transactions running smoothly. Additionally, if any conflicts arise a lawyer can help handle them and reach a conclusion.

Why do you need a real estate lawyer for deed transfer?

There are several benefits of hiring a real estate lawyer for deed transfers. Having an extra layer of protection ensures that all laws are followed and mistakes are corrected before it is too late. A property lawyer can research all requirements, negotiate, draft the deed, and represent you in court if necessary.

How does a person transfer a house to another party?

The person transfers the house to another party via general warranty deed granting full ownership rights and promising free title. If down the road, the person finds out there was a fourth unpaid lien then the original title holder will need to compensate them accordingly.

What happens if a lien is transferred after a transfer?

If after the transfer it comes up that there was a lien, the grantor would need to pay it off and compensate the homeowner according to the applicable state laws. These disputes are fairly easy to handle since general warranty deeds offer the most protection to buyers.

Why is a deed review important?

Deed review is important because it checks that the specific deed contains all relevant information, complies with state law, and will be enforceable by the courts.

What is a deed dispute?

Disputes generally focus on there not being clear title or promises made that turn out to be untrue. Here is one example of a deed dispute that could arise involving a quitclaim deed. Take the previous scenario where a person quickly transfers a real estate interest to their cousin via quitclaim deed.

What is compensation for a lien?

Compensation to remedy an unknown lien or other defect, depending on the type of deed involved; Other monetary damages for economic losses suffered; Equitable remedies where there are boundary disputes with a neighboring property.

Why are insurance companies not afraid to deny a claim?

“Insurance companies are not afraid to deny a claim using shaky reasoning because an unrepresented claimant has no ability to seek a remedy in court.

Can a small claim settle without a dispute?

Small run-of-the-mill claims usually settle without trouble. But in cases where there’s more at stake—for both you and the insurance company—there may be a higher chance for dispute. This could include: Claims where you and the insurance adjuster don’t agree early on. Expensive or complex claims.

What is the difference between a title company and a real estate attorney?

1. A title company works for the title insurer, not the buyer or the seller, whereas real estate attorneys work for whomever hires them.

What is the role of title company?

The title company’s role is to prepare the basic closing documents required by the title insurer to complete the transaction and issue the title insurance policy. 2. Title agents do not have law degrees and cannot provide legal advice.

Can a title agent provide advice?

A title agent cannot provide advice in this situation, but an attorney can. Realtors as well as the buyer/seller, benefit from working with attorneys since the attorney can review the contract and answer legal questions during the contract negotiation process; title companies cannot. 3. Title agents cannot create contract addenda, ...

Can a title company give advice?

When there are problems or questions, the buyer/seller can’t turn to the title company for help or advice. One of the most common issues that comes up is how to take title to the property, which has legal and tax ramifications. A title agent cannot provide advice in this situation, but an attorney can. Realtors as well as the buyer/seller, benefit ...

Does Florida require a title company?

A Title Company. Unlike many other states, Florida does not require the use of an attorney during a real estate transaction. Buyers and sellers have the choice of using an attorney or a title company to handle the closing on their real estate transaction. This often causes the parties to wonder why they should hire an attorney instead ...

Can title agents create addenda?

Title agents cannot create contract addenda, address problems in the sales contract, deal with non-standard forms, or correct legal issues that affect the title. This is important because if an issue arises, corrective documents may need to be obtained or created.

Can a title agent hire an attorney?

Attorneys can provide legal advice on the best way to handle the issue, as well as prepare necessary documents, title agents cannot. Depending on the issue, a title agent will in fact have to send parties out to hire an attorney (at their own expense) to handle specific problems.

How to dispute a quiet title?

Go to court. If someone with an interest in the property wants to dispute the quiet title action, then they will probably file a response. You should receive a copy before your hearing date. If no one contests the quiet title action, then ask the judge to decide in your favor.

What happens if a title report shows a break in title?

If the title report shows a break in the title, then you don’t know if someone might have transferred the property without the legal right to do so. In this situation, a quiet title action can conclusively establish that you are the owner of the property.

How long do mechanics liens last?

These are put on your property when someone does work on the property but isn’t paid. Mechanic’s liens typically expire after a year unless the contractor brings a lawsuit. Judgment liens.

How to find liens on a property?

Your title insurance company should send you a report on your property. They compile the report by scanning the records at the Recorder of Deeds office and finding anything that relates to your property. Go through the report and find any liens that have been placed on the property:

What happens if you lose a lawsuit?

If you lost a lawsuit, then the person who won becomes a judgment creditor. He or she could put liens on your property. Tax liens. If you didn’t pay the IRS, or if you haven’t paid all of your property tax bill, then the government can put a lien on your property.

How to resolve a boundary dispute with a neighbor?

Grant land by quitclaim deed. You and your neighbor could resolve the boundary dispute by establishing a boundary and then granting by quitclaim deed the property on either side. Each owner signs a quitclaim deed to the other and grants any land they own on the other side of the fence to their neighbor.

How to put case number in a lawsuit?

Insert the names of the parties beneath the court name and on the left-hand side of the page. Put “Case No.” and then a blank line to the right of the names. You will get the case number when you file your lawsuit. Be sure to name as a defendant anyone with a potential interest in the property.

Who signs a deed in Florida?

For an example, in Florida a grantor must sign the deed before a notary and two witnesses — who also sign in the notary’s presence. As you can see, a state and the counties will have specific requirements for the deed, which can include formatting, return addresses, the name of the deed preparer, and so forth. Step 5.

Who holds title to a home?

Title can be held by a sole owner.

What is warranty deed?

The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.

What is a quitclaim deed?

Quitclaim deeds are cost-effective tools for transferring interests in real property when there is no need for researched guarantees. Always consider potential tax implications before you decide to transfer real estate, including tax on the deed transfer itself.

What to do before transferring a warranty deed?

So, before transferring a general warranty deed, the owner has to resolve all mortgages, tax liens, judgment liens and other relevant debts and encumbrances. If you are transferring property under a general warranty or similar deed, it’s wise to seek professional assistance.

What is the correct language for a conveyance?

The correct language, including words of conveyance, must appear: a statement from the grantor conveying the interest to the grantee, and the amount of consideration. The consideration is the value exchanged for the deed. If the grantee pays, the payment amount is included.

How to get a copy of a deed to a house?

Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.

What is a Quitclaim Deed?

A quitclaim deed refers to giving any interest in a property that is legally possible to anybody else. Quitclaim doesn’t allow any guarantee of ownership to the person. It is just a document used in some limited situations. A quitclaim deed permits you to claim property by an easy way to relinquish.

Reasons to Hire Quit Claim Deed Attorney

There are many reasons when one should consider hiring a quitclaim deed attorney for a property transfer that is a Quit Claim Deed.

What costs you on hiring a quitclaim deed lawyer?

The experienced quitclaim deed lawyer near me usually charges $300 for drafting a document and recording a deed for you in most cases. Also, additional costs are applied as recording fees and real estate transfer applications. A real estate stamp is also required in some documentation that becomes an extra charge in a quitclaim deed.

What information does the Quitclaim deed attorney needd?

In most cases, attorneys require the property address, marital status of all the grantors. Also, addresses and spouse name if required. In some cases, we need to have the last deed of record. If the spouse is deceased, we will ask for the date of death or the death certificate as usual.

Why Choose Us?

Quitclaim deeds are often very complicated when you have multiple properties. Also, when a close one dies, or you have a separation, you need someone to do your deeds with proper care and consideration instantly. Lawyers at attorneys real estate group usually deals with more than 40 quitclaim deeds per month in California, United States.