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Real Estate Lawyer

Jan 15

Real Estate Lawyer

Real Estate Lawyer

When you need help from a real estate lawyer it's best to realize that ther phrase "real estate" is not an actual legal term. Black's law dictionary says you should check out "real property under PROPERTY" because real estate is considered "real property" which is different from personal property, like a motor vehicle or a car that you own.

The following types of cases should be handled by an attorney well versed in real estate law:

Property Lawsuits

Property lawsuits involve real property litigation in the Utah Judicial District Courts and sometimes in the Federal District Courts.  Ascent Law is experienced in managing complex civil litigation involving contracts, quiet title actions, easement disagreements, joint owner real estate disputes, disclosure lawsuits, boundary line disputes, as well as other real estate legal disputes. So, whether you are seeking to recoup your down payment or you want to specifically enforce the performance of a real estate contract (or REPC), we have the experience to not only protect your rights and financial investments, but also fight for you in court.

Real Estate Contract Disputes

When you can't resolve your real estate contract (also called a purchase and sale agreement or a "REPC") outside of court, you'll need a real estate contract dispute attorney to assist you in knowing what the law is, what there chances of success in court are, what your rights are in respect to the REPC, and how to proceed. You'll want someone that has litigated thousands of cases and who knows how the court systems work.

Drafting Deeds and Contracts

A real еѕtаtе dееd is thе dосumеnt used tо trаnѕfеr property. It includes thе nаmеѕ оf thе сurrеnt owners and thе new оwnеrѕ, and it аlѕо inсludеѕ a dеѕсriрtiоn оf thе рrореrtу. Thе ѕеllеr’ѕ ѕignаturе оn thе deed indicates his intеnt to transfer titlе to thе buуеr. Bеfоrе a hоmе iѕ closed оn, thе rеаl еѕtаtе dееd iѕ еxесutеd оn behalf of thе seller.

Building and Construction Liens

A lien is a notice attached to your property telling the world that a creditor claims you owe it some money. A lien is typically a public record. It is generally filed with a county records office (for real property) or with a state agency, such as the secretary of state (for cars, boats, office equipment, and the like). Liens on real estate are a common way for creditors to collect what they are owed. 

Litigation on Lien Enforcement

Sometimes you need to sue someone to enforce a lien.  Common-law liens are divided into special liens and general liens. A special lien, the more common kind, requires a close connection between the property and the service rendered. A special lien can only be exercised in respect of fees relating to the instant transaction; the lienor cannot use the property held as security for past debts as well. A general lien affects all of the property of the lienee in the possession of the lienor, and stands as security for all of the debts of the lienee to the lienor. A special lien can be extended to a general lien by contract, and this is commonly done in the case of carriers. A common-law lien only gives a passive right to retain; there is no power of sale which arises at common law, although some statutes have also conferred an additional power of sale, and it is possible to confer a separate power of sale by contract. A common-law lien is a very limited type of security interest. Apart from the fact that it only amounts to a passive right to retain, a lien cannot be transferred; it cannot be asserted by a third party to whom possession of the goods is given to perform the same services that the original party should have performed; and if the chattel is surrendered to the lienor, the lien entitlement is lost forever (except for where the parties agree that the lien shall survive a temporary re-possession by the lienor). A lienee who sells the chattel unlawfully may be liable in conversion as well as surrendering the lien. In common-law countries, equitable liens give rise to unique and difficult issues. An equitable lien is a no possessory security right conferred by operation of law, which is similar in effect to an equitable charge. 

Commercial Evictions

Whаt Iѕ thе Prосеѕѕ for Cоmmеrсiаl Eviction? Whilе рrосеdurеѕ fоr еviсting соmmеrсiаl tеnаntѕ vаrу from ѕtаtе to ѕtаtе, many ѕtаtеѕ аdhеrе tо ѕimilаr guidelines fоr еviсtiоn procedures. Thrее Day Nоtiсе is typically required. The landlord or thе landlord’s аttоrnеу muѕt writе a Thrее Day Notice stating that, if оwеd rеnt iѕ nоt раid in full, оr оthеr lеаѕе violations or contract breaches аrе not fixеd within thrее dауѕ, thеn thе tenant will bе еviсtеd аnd lеgаllу rеԛuirеd to leave the рrореrtу.

Commercial Property Foreclosures In Utah

A non-judicial foreclosure, or power of sale foreclosure, is an out-of-court process. With a commercial foreclosure, just like a residential foreclosure, the lender may proceed non-judicially if the loan documents contain a power of sale clause and if allowed by state foreclosure law. The power of sale clause is located in the deed of trust or mortgage and empowers a trustee sell the property without court supervision. This process typically involves recording a notice of default (or similar document) in the county records, mailing a copy of that notice to the borrower and other interested parties, as well as publishing the notice of default or notice of sale, though non-judicial procedures vary from state to state.

Residential Evictions

Ascent Law only helps real estate owers with residential evictions. They don't help tenants. Black's defines real property as land and and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. Real property can be either corporeal (soil and buildings) or incorporeal (easements). - Also termed realty; real estate. Cf. personal property.

Real Estate Lawsuits

When it comes to real-word problems involving land and buildings, sometimes the situation is better handled by a real estate lawyer experienced in conflict resolution through negotiation or mediation rather than turning the problem over to a court for adjudication through trial. The word "adjudication" comes from Latin words. The Black's Legal Dictionary lists it as (a-joo-di-kay-shan), n. 1. The legal process of resolving a dispute; the process of judicially deciding a case. 2. JUDGMENT.

When real estate titles are not free of disputes, real estate lawyers are required to untangle the complex web of real property records. This is where Ascent Law comes in to help you. Ascent Law does lawsuits and legal cases involving real estate, evictions or unlawful detainer cases for landlord or land owners. They also do lawsuits for quiet title cases.

Quiet Title Lawsuits

A quiet title case is defined as an action to quiet title. A proceeding to establish a plaintiffs title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it. - Also termed quiet-title action.

The real estate lawyer's job is to create real estate solutions for his or her clients. When real estate lawsuits or other real-world problems interfere, the attorney must know how to use tried and true real estate litigation techniques to get real results. A real estate lawyer can be used in many situations involving

Real Estate Title Disputes

Disputed titles: quieting title through adverse possession; title insurance claims; defending against forfeiture actions; ownership claims prior to sale; questions of boundary lines; contract rights and options are also handled by them; trusts (Easements in Gross); real estate investment groups and syndications.

Not only can a real estate lawyer help you with lawsuits, but they can also help with real estate transactions, making the process run more smoothly and reducing the chances of disputes arising later on. By reviewing contracts, performing due diligence, and helping to clear up any title issues, a real estate lawyer can help avoid many common problems that can arise during a real estate transaction. In addition, if a dispute does occur, the real estate lawyer can provide the guidance and expertise needed to resolve the conflict as quickly and efficiently as possible.

Real Estate Contract Law

Other issues can be bonds. Bond for title in real estate. The seller's retention of legal title until the buyer pays the purchase price. - Also termed bond for deed. Cf. contract for deed under CONTRACT. If you are facing a real estate dispute or need help with a real estate transaction, contact a real estate lawyer today.

This has been about real estate legal issues; real estate law; real estate litigation; real state attorney; real state dispute resolution; real property claim advice  (may need to use different word than advice); real estate litigation attorney.


Ascent Law LLC
8833 South Redwood Road Suite C
West Jordan UT 84088

Michael R. Anderson, JD

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