Practice Areas

Practice Areas / Medical Malpractice

Medical Malpractice
  • A Purchase or Sale of Residence / Commercial premises. Including Coops & Condos

  • Refinancing / 2nd mortgage

  • Foreclosures

  • Real Estate Property Disputes & Litigation

  • Deed Transfer

Residential Real Estate

The buying and selling of property, whether a primary residence, vacation home, or investment property, is one of the largest financial commitments most individuals will ever make and it can be one of the most stressful projects a buyer or seller can undertake.

The Real Estate Transaction in Brief

Once an owner decides to sell a property, he or she generally lists the property with a real estate broker. After the property is listed, a "buyer" will make a formal offer that is secured by a deposit. If the property owner accepts the offer, a contract, which is usually prepared by the buyer’s realtor, sets forth the rights and obligations of both parties with regard to the sale of the property. That contract is subject to a three-day attorney review period during which either buyer’s attorney or seller’s attorney can disapprove the contract and terminate it or begin to negotiate changes to it. Once the changes to the contract are successfully negotiated or the three days pass without the contract being disapproved, the contract becomes binding.

Why Hire a Real Estate Attorney?

Hiring an attorney guarantees that you will receive an expert, unbiased explanation and evaluation of the contract. Your real estate attorney will work to negotiate fair and reasonable terms and will help you avoid pitfalls of which you may be unaware. You may think the contract is clear and easy to understand, but it may contain provisions that are unenforceable or that create more liability than you realize. Litigating your rights after the fact can take years and cost thousands in legal fees.

For Sale By Owner - FSBO!

Some people choose to sell their properties on their own without the help of real estate agency. While this approach can save you thousands of dollars in commission, it also can expose you to liabilities and headaches of which you were unaware. If you decide to sell a property on your own, you should consult an attorney before you consider accepting an offer.

Surplus Money after Foreclosure

If you lost your home to foreclosure, there may be money in the Court with your name on it.

What is Surplus Money?

When a house is sold through foreclosure, it is sold to the highest bidder at public auction. If it sells for more than you owe the foreclosing bank, there may be money left over after the bank is paid. This surplus money belongs to you, the homeowner, with some exceptions.

Within 5 days of the sale, the referee (i.e., the Court appointed attorney who sold the property) must submit the remaining money to the Court. However, no one will send this money to you without your asking. You must act, or you will receive nothing.

How do I get the money?

If you want to get your surplus money, you will have to start a Surplus Money Proceeding. This proceeding is actually a part of the foreclosure case.

The aim of the proceeding is to determine who has the right to the money. There are some creditors who may have competing claims to the surplus. It can take anytime from a few months to several months, depending on the complexity of the case.

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