Real Estate Law

Common Legal Issues In Real Estate

Make sure all the documents are organized. Sometimes, people forget to check that the documents that guarantee them as owners of the property have an essential part to be an authentic owner of a real estate. Did you miss the deed? Check if you have a simple copy of the deed or with a receipt that proves its existence or indicates the number of a deed, date, and notarization before which it was granted. If you don’t have them you have two options below:

The Notary Public that issued the said deed or to the file of the notary to request a certified copy, with payment of rights. In the document will appear the last owner and its title of property, therefore, the number of the deed, its date and the notary that registered it. With this information, you can request a certified copy. All the cities of the country have an autonomous body that keeps the record of real estate. The cost to recover your deeds varies according to the entity and notary.

Do you live in a house that you inherited without being awarded?

The adjudication of the inheritance is the last step in a succession trial. To adjudge an inheritance is to transfer the property of the deceased to the heirs. Thus it is credited to the society and the authorities who owns it. If this is not done, the deceased will continue to appear as the owner of the property. When there is no will, an in testamentary succession has to be processed. To do this, it must be verified whether there were children, inside or outside the marriage (does not affect that condition as long as they are recognized) and wife and under what year they married: separation of property or conjugal partnership. By having this information, you will know which percentage corresponds to each one of the heirs.

In succession, it is the judge or notary – according to the provisions of the U.S. Code – who determines the heirs. The first step is to make an inventory of assets, the valuation of them and a project of a partition that has to be approved by the judge or notary in your case. Next, a board of heirs is summoned to appoint the executor who will represent the succession and will handle all the trial.

Once the documents are approved, the inheritance is awarded. It should be noted that neither the spouse nor the children have priority, it is a matter of percentages. If you aim to have a smooth flow of your real estate transaction, you can get aid from some of the escrow services in Jacksonville, FL.

Is the property not registered in the Property Registry?

Most of the time, the first owner of the asset usually omit the procedure for lack of interest, in that sense, the authorities can not force him to make the registration. When there are no deeds, it is possible that the property is not registered either. It can be a land without construction or a clear division of adjoining zones, but that does not mean that the asset is not yet identified. The most important thing of the public deed is that it correctly states the property right.

The deed, when registering property, gives it an advertising character that recognizes you as owner in front of everyone. If the property is not registered, the contract of sale will be valid only between buyer and seller. Getting assistance from some title services in Jacksonville, FL is suggested for this matter. To register a real property before the offices of the Property Registry, it is necessary to accompany with a public or private document, whether title deed, public deed or private contract of the following documentation:

  • Survey
  • Certificate of registration with the Property Registry
  • Appraisal on the property
  • Income Tax Return
  • And other related documents as advised by your lawyer

As you can see the most difficult phase in real estate has a solution. Take these tips into account to guard your assets.

Related video:

Real Estate Law

What is Involved in Title Insurance?

Title examination is one of the most crucial parts in real estate transactions. It ensures that the title to a property is merchantable or fit for sale. Title surveys look to see if there are any loads on a building. A load is something that can interfere with the sale of the property, such as unpaid tax liens or restrictions on the property. Surveys also review the history of ownership, including all trusts, will, and action in connection with the property in the past. This is called to examine the chain of title, and inspects on property ownership may be legally bound to someone other than the current buyers and sellers.

Title examination occurs when a property is under contract. Once under contract, the buyer and seller to undergo a round of talks and inspections can continue until the closing date. Anything found wrong when the property is under contract gives the buyer the opportunity to back out of the sale, or to negotiate with the seller to rectify the situation. Examining the title is perhaps the most important part of real estate closing services. Without it, the buyer would end up buying a property that legally belongs to someone else, or possibly in arrears that may eventually lead to someone else claims ownership of the property.

Title examination is usually performed by a title company or attorney. Either one of these sources often requires a title examination fee. If a loan is taken out on the property of the potential buyer, the lender may pay for the cost of title insurance, since it is also in the bank"s interest to ensure that the title is marketable. In some cases, however, the expenses of an investigation falls on the seller or the buyer, depending on the terms of the contract.

Most of the ownership history and property tax researched for a title examination is public record and may be inspected by the purchaser without the help of a third party. For legal purposes, however, a third party is almost always required and recommended. Without qualification, the buyer or the seller can not take out title insurance on the property.

A bad title is just a title that is not clear, but one that a court of equity or a court considers equitable relief would consider being marketable. That is, the court finds that there is reasonable doubt as to whether the property is free of liens and therefore the buyer is not required to complete the sales process. If the title is marketable, then the court uses its law can explain it so well, and enforce a contract of sale.

Title insurance Jacksonville, FL has in store is widespread and has steadily grown in popularity in the rest of the world. Title insurance recognizes legal to a professional third party has reviewed the title to a property and determined the market. If in the future the title proves to be defective, the buyer or seller who bought the insurance typically protected from and compensated for some or all of the resulting damage.

Real Estate Law

Protecting Real Estate Through Estate Planning

The real estate market has started to put itself in today"s bad economy. Selling their homes with the actual market price is what makes it difficult for investors and house sellers. No one can be successful when luxury homes cannot be sold either in the same neighborhoods. If you can face the problems, you can easily buy a property for a lower amount when compared as before.


When purchasing a property during a time like this, make sure you do your research. Check appraisal records and standard inflation rates for the area to verify the sale price is in line. The last thing you want to do is buy an over inflated priced property that has no merit. According to The Wall Street Journal, some savvy investors have sold art collections and cars to invest in real estate, especially foreclosed homes for sale, which are being listed at record low prices. You should keep in mind that you may not need a realtor and try to sell your home on your own. This is a useful idea because it will save you from paying a commission to the realtor.

After you have successfully purchased your new home, you can go to estate planning to protect the future of your property. You need to prepare the transfer of your wealth or assets such as your real estate properties. Your estate plans should be written, signed and notarized.

How does estate planning work?

There are a lot of people who do not pay attention to estate planning in Jacksonville. They just make a simple and will do it purpose alone. A judge has to make the transfer of property possible from the decedent to his beneficiaries. This is known as probate. This also allows relatives or other parties to contest a will. Probate fees are not cheap. There are also some other costs to pay such as the fee for executor, court, records and the lawyer/judge. With this, you can ask for an assistance of a Jacksonville estate planning lawyer who can make the process easier and smoother.

Estate planning is not just for the wealthy. It can be prepared by anybody who has money and property and wishes to make a will. This process is an essential step to ensure that your property and money will be transferred to the person you want without the interference f IRS. As stated, getting help from Jacksonville estate planning lawyer is suggested to have proper documentation and will let you explain other legal concerns for your estate planning.

Related video:

Insurance Law

The Need For A Lawyer During A Car Accident

Many individuals decide to employ an event attorney when they"ve been involved in an auto crash that leads to injury and monetary losses. You are in need of a car accident attorney. It"s wise to find the professional services of an auto accident lawyer early to prevent any costly blunders.

Hiring an attorney for your car crash injury case is possible. In several cases, the resolution sum is substantially less compared to the amount an attorney might be able to negotiate for your gain. Consider these hints as you search for the ideal injury attorney There are a wide variety of strategies to locate an experienced vehicle collision lawyer.

Your attorney will investigate the conditions of the crash. Some law firms have car accident attorneys that provide free case reviews and are prepared to help you today. Before signing anything, consult with a knowledgeable car incident lawyer regarding the worth of your claim.

Learn whether or not an attorney must be hired immediately. It"s not consistently required to seek the services of a personal injury attorney promptly. Many Tucson injury lawyers will revolve around the very fact they are going to settle virtually every case they take.

Things You Should Know About A Lawyer

Lawyers can also safeguard your finest interests and pursue the maximum quantity of repayment for your accident for your advantage. You"ll need a seasoned attorney on your own throughout the car injury claims procedure. Lastly, the very best method to guard yourself would be to get hold of an experienced car event lawyer after potential.

Your attorney might even bring in an expert at auto crash reconstruction so as to help prove the reason behind the collision and who was responsible. Do not forget; the insurance businesses have experienced car accident lawyers working for them. A well-informed car incident lawyer will probably be aware of what to anticipate from insurance companies and the approaches they use.

Related Video: