Real Estate Calls for a Real Attorney

Imagine being a happy seller or buyer who is about to close on a real estate transaction. Then, you discover that there are issues with the property's title or deed. This happens more than most individuals realize. There have also been cases where a transaction has closed and title issues came up after the closing. Getting title and deed issues resolved is too complex for the average individual to resolve on their own. The following points identify a few issues that can halt a real estate closing or create a legal situation that will likely need to be handled in court if the transaction has closed. 

Forged Documents  

This is an issue that is less common today because of stringent verification requirements. Individuals have to produce a lot of verifiable information and documents for modern real estate transactions. This does not mean that forgery cannot occur in today's time. If a forged document is accepted, it will be entered into public records, which will make it a legal document according to the law. The individual challenging the validity of the document would have the burden of proving the forgery. Real estate lawyers can use a variety of techniques such as signature analysis to prove that documents have been forged.

Liens

A seller may or may not know that there are liens on the property they are selling. If they inherited a property, they may not have performed due diligence to check for liens. Real estate transactions that close with existing liens may result in the buyer being responsible for paying the liens. Properties may have liens on them when property owners neglect to pay their taxes, default on loans, or have unpaid bills. This is why it is important to have title insurance and use the services of a real estate agent prior to the closing. They can perform searches for liens and other things buyers may unknowingly be responsible for. 

Probate Issues  

It is not uncommon for a home to be sold by one heir without notifying other heirs. This can affect the validity of a sale. The other heir(s) may contest the real estate transaction, which may create a lengthy legal dispute that will likely require the buyer to need to acquire a real estate lawyer to protect their interests.

A real estate lawyer is a good resource to use for property title and deed issues. They are knowledgable in real estate law and have the skills needed to research and find errors, challenge the validity of false documents, negotiate easements, resolve property disputes using measures such as land surveys, and research title and deed transfers and liens from the present time back to the date of the original title. 

To find out more, contact a real estate lawyer.