Weston G. Cotten, Attorney at Law Real Estate

The dirt, all buildings and things affixed to the land.

Contacting an attorney regarding your specific questions or problems regarding any aspect of a real estate deal, or real estate problem, before it turns into a real estate lawsuit will save you untold hours of agonizing over the "Whys" and "Why didn't Is". In real eatate it is not easier to "ask forgivness than to ask for permission" You must know your rights, duties and responsibilities before you begin and not try to learn along the way.

Gone are the days of picking up a form from the office supply and filling in the blanks to transfer a property. Title companies, title insurers, the IRS, taxing authorities and a host of other people and agencies are now looking closely at real estate transactions. At one time, the owner was in control of his property and could dictate the terms and conditions of a sale, but times have changed. The only really safe way to determine if you are meeting the current status of the law is to retain an attorney, or at least, consult with one before entering into any real estate contract.

Some changes in the law that have recently occurred include the following:

1 : Landlord/Tenant:

A. Eviction Rules
B. Notice to Vacate
C. Safety and Security
D. Lock-our and Re-entry
E. Landlord Responsibilities and Liabilities

2 : Contract for Deed:

A. Notice of Default
B. Time Limits for Forclosure
C. Accountings to the Buyer
D. Form of Default Notices

3 : Note, Deed and Deed of Trust:

    1. Form Changes
    2. Notice of Default Changes
    3. Time for Notice
    4. Posting for Foreclosure
    5. Effect of Bankruptcy
    6. Date and Time(s) for Foreclosure
    7. Trustee's Deed

4 : First Time Buyer:

First Time Buyers are being faced with a host of questions and choices to be made and usually presented by the real estate person who stands to make a commission on the sale. All Buyers should insist on representation at all steps of the negotiations as these are legal and binding choices which may impact the deal. You do not want to be on the wrong end of a real estate contract gone bad.

 
   
     
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