Real Estate Law Frequently Asked Questions
Real estate law is a complex topic that for many people can be baffling and confusing. At Mancini Law, our goal is to help you better understand the law so that you can make informed decisions regarding your rights and your options.
Here, you can find answers to some of the most common real estate law questions that we receive at our office. if you find that you still have questions, then you can reach out to our office to see how we can help you navigate your situation.
Do I need an attorney for my real estate transaction?
Yes, you are required to have an attorney to facilitate the closing of your real estate transaction. While there is no legal requirement to have an attorney in all stages of the transaction, many people seek out an attorney to help them prepare their documents at all stages of the process. Due to the significant investment that real estate purchases represent, we strongly encourage you to speak with an attorney at your earliest opportunity when you begin searching for a property.
This will ensure that you are protected at all stages with thoughtful and insightful documents that will protect you and give you the confidence you need to complete your purchase. You don’t want to expose yourself to unnecessary risk that an attorney can easily shield you from.
What is the difference between a clear title and an encumbered title?
When you are considering buying or selling a property, you will need to do a title search before you can transfer ownership to determine what type of title you have. In most cases, if there are no issues you will have a clear title without any barriers to transferring.
However, if there are any liens, levies or other encumbrances on the property then you will have an encumbered title, which can hinder your ability to buy or sell it. You will then have to go through a quiet title action in order to clear the issues so that you can ‘clean up’ your title and make it transferable.
Do I need title insurance?
Title insurance can protect in you in a situation where you have purchased a property and discover afterward that the title was encumbered by a third-party claim, such as a mechanic’s lien or creditor’s lien. Title insurance protects you against this by providing funds so that you can clear your title and remove any encumbrances. Many banks and mortgage lenders will require that you obtain title insurance as a part of your home mortgage.
Call Our Office For More Answers
If you have other questions regarding real estate law, or if you have an issue that you would like to discuss with our office, we are ready to help you. You can call our office at 860-325-7347 or you can send us a message online with a brief description of your case or concerns. We offer consultations, so reach out today for help. Se habla español.