Hastings Gartin & Boettger LLP

Real Estate

Overview

Real Estate

Real estate means “land and all natural resources and structures permanently affixed to the land, including residential buildings and stationary manufactured housing.”

Real Estate Closings 

Purchase/Sale of Property

Hiring a real estate attorney can be very useful for the average homebuyer or seller. Especially in cash transactions, where a lender is not involved, or when a property is sold by owner instead of being listed with a realtor. An attorney can help create and review the contract of sale to make sure the transaction is fair to all parties. Our firm will also prepare the deed packet and settlement statement in order to insure transfer of property and invoices are paid during the transaction.

Title Opinion

An abstract is a compilation of all the documents filed of public record for at least the last 40 years that affect the chain of title to a particular parcel of land.  The documents are not shown in their entirety.  Instead, only the most important information from a particular document is shown in the abstract.  The "abstracted" or abbreviated showings of the information help an examining attorney more quickly and easily review the information when writing a Title Opinion.  

When selling a house or refinancing, an abstract is sent to an abstract firm in order to be continued, which means that it is updated to show any new filings, judgments, liens, etc.

The Abstract is sent to an attorney where it is reviewed to assure that the new mortgage holds a first and paramount lien against the real estate. The attorney then writes a Title Opinion that can be used to prepare a title commitment, which is used by the bank when getting a loan.

Deed Preparation

A deed is a written, sealed and signed legal document delivered to affect a transfer of title or an interest in real property to another. Our firm will prepare these documents to assist you in the transfer of title needed for your situation.

Property Litigation

Real property or real estate litigation encompasses a wide variety of matters arising out of or related to interests in real property. Real estate litigation sometimes involves a subset of contract law because basic real estate transactions involve contracts. Disputes sometimes arise because a contract may be open to interpretation or one of the parties may fail to perform his or her obligations. Furthermore, many real property disputes that have to do with damage to the property or the land may require further investigation to determine the actual cause of the damage. Our experience in inverse condemnation law helps us assist clients effectively in such situations.

Rental and Evictions

While dealing with the prospect of losing your home is never easy, you aren't alone. Local laws provide protections for tenants such as a notice requirement, the possibility of paying partial rent, and more. Below you will find key information about possible defenses to an eviction action and where you can go to find more legal information. Remember, if you are having a landlord tenant issue, time is always of the essence.

Improper Notice

Each state has its own requirements for the notice of eviction and the method in which the tenant receives the notice. If the landlord did not provide sufficient notice prior to filing a court action, or did not correctly deliver or serve the notice to the tenant, the tenant may have a defense to the eviction (even if the tenant has not paid the required rent). If this argument is successful, the landlord will usually be forced to redo the procedure from the beginning.

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