Santa Maria Real Estate Attorney

Over 30 Years of Legal Experience

When involved in any real estate transaction, you will need professional and capable legal support to facilitate the timely completion of the deal. You will also need experienced guidance to ensure that your interests are protected.

Our Santa Maria real estate lawyer at the Law Offices of R. Morgan Holland, L.C. can serve as your advocate in many types of purchase and sale transactions. We can also help you avoid or stop foreclosure should you fall behind on your mortgage.

If you need assistance with a real estate transaction, request a case evaluation by calling (805) 762-4465 or contacting us online today!

Our Purchase and Sale Transactional Services

Whether you are looking to buy or sell property, our team can assist you through each stage of a real estate transaction. We are familiar with many of the challenges and obstacles that can arise before a deal closes and can help you avoid common mistakes.

During the purchase and sale process, our Santa Maria real estate attorney can assist you in handling:

• Document preparation and review. Completing any real estate deal will require extensive legal documentation to protect your interests. We can assist in the writing, negotiation, and finalization of all paperwork necessary to close a purchase or sale.
• Title searches and title insurance policy drafting. We can help ensure that a property has a clear title in advance of a purchase or sale. We will perform due diligence and flag any claims or violations. We can then draft and finalize a title insurance policy that will protect your interests.
• Transfer of funds. When the deal is ready to be closed, we can assist in the safe transfer of funds from one party to the other. For financed properties, we can manage and file all necessary transfer of funds paperwork for the buyer’s lender and all other documentation required under the law.
• Dispute resolution. Real estate disputes can arise when there are chain of title issues, lot line or zoning problems, or other contractual conflicts. We rely on our decades of experience and accomplished negotiating ability to quickly overcome obstacles and resolve disputes that would otherwise imperil a deal.

Foreclosure Avoidance and Defense

Falling behind on your mortgage can be extremely stressful, especially if your lender begins to threaten foreclosure. It is important to understand your rights as a borrower in these situations. In California, lenders can only initiate foreclosure proceedings once your mortgage has not been current for at least 120 days.

The fortunate reality is that, in many cases, lending institutions do not want to go through the expensive and time-consuming process of foreclosing your home. California law requires that lenders help borrowers evaluate foreclosure alternatives prior to initiating the process. We can assess your situation and determine what options and types of relief may be available to you.

We can help you explore many foreclosure alternatives, including:

• Reinstatement. In the state of California, you have the legal right to stop foreclosure proceedings by paying all overdue mortgage debt and “reinstating” your mortgage. This means you must pay all missed payments plus any accrued interest or late fees. So long as payment is facilitated at least 5 days before a scheduled public auction, the foreclosure will be canceled, and you will resume your regular mortgage payments.
• Short sales. In some situations, you may be able to facilitate a short sale if your home’s current market value is less than the value of your outstanding mortgage balance and you are unable to continue paying your current mortgage rate. In selling your home, you can negotiate a release from all liabilities that currently encumber the property.
• Refinancing. If you have considerable equity in your current home and current interest rates are favorable, you may be able to replace your current mortgage with a new loan agreement with more favorable terms.
• Loan modifications. If you are struggling to keep up with current mortgage payments, you may be able to negotiate one or more modifications to your loan agreement that can help you avoid foreclosure. This might include extending your mortgage period (resulting in smaller monthly installments), repositioning some principal on the “back” of your loan, or securing more favorable interest rates.
• Deed in lieu of foreclosure. This process involves voluntarily departing a property in danger of default or foreclosure, or “walking away,” by directly transferring the deed of ownership to your lender. This can be a viable strategy if you are comfortable leaving your home and there are not already any judgments or liens on the property.