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Real Estate Fraud: What Are Your Rights?

The phrase “real estate fraud” refers to any illegal activity that involves a misleading mortgage loan application or other real estate-related documents that deal with the transfer of money. This phrase is also commonly known as mortgage fraud because the mortgage application is normally where the fraud takes place. Kelley/Uustal specializes in fraud cases, including securities and financial fraud, real-estate fraud and consumer fraud. For more information, contact our office today.

In The Case of Buying a Home, Your Lawyer Should:

  • Break down the purchase contract in a way that you can understand
  • Ensure that there are no easements, liens, covenants, etc. registered against the property that will inhibit your use of it
  • Prepare and register any and all legal documents
  • Explain the terms of the mortgage and work with your bank to modify them if necessary
  • Analyze the adjustments, including utilities cost paid and taxes owing, preceding the transaction closing
  • Be present at the closing and look over the papers that require your signature
  • Arrange title insurance protection to keep you safe from losses due to possible flaws in the title
  • Make sure that you receive a valid registered ownership subject only to the liabilities that you have decided to take on

In the Case of Selling a Home, Your Lawyer Should:

  • Look over the binder and prepare the sale and purchase agreement, including negotiating its terms
  • If necessary, prepare the power and deed of attorney
  • Handle all title issues as they arise and help to fix them
  • Be present at the closing and review all of the papers that require signatures
  • If needed, arrange for insurance certificates

In Some Cases, a Class Action Attorney Is Needed

A class action suit is one in which one party, or a group of parties, sues as representatives of a larger class. In order for the case to go through, the court must allow the class action. Then, if certified, members of the class will receive a notice and the opportunity to withdraw from the proceeding. The class members who opt out will no longer be bound by the judgment in the case.

An example of a class action case that relates to real estate would be if a toxic spill occurred in a neighborhood. Affected property owners and residents could potentially get involved in a class action lawsuit.

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