AUDIO/VIDEO ONLINE CONSULTS AVAILABLE DIRECTLY WITH A LAWYER
Online Consultation with Real Estate Lawyer
KANSAS MARITAL PROPERTY LAW AND REAL ESTATE LAW
Kansas Marital Property Law and Real Estate Law “Marital property” is the legal term that refers to all of the possessions and interests acquired after a couple gets married. …
LAND TRUST – THE ULTIMATE ASSET PROTECTION
Land Trusts A land trust is a private agreement, where one party, the trustee, agrees to hold title to property for the benefit of another party or parties, the beneficiary(ies). The one …
HOMEOWNER’S ASSOCIATIONS AND RESTRICTIONS ON SHORT TERM RENTALS
Short-Term Rental Restrictions and Home Owners Associations If the Association’s declaration prohibits rentals (short-term or long), then the HOA can likely enforce the prohibition unless there is some other reason …
CAN A SELLER REQUIRE A BUYER TO USE A PARTICULAR TITLE COMPANY?
CAN A SELLER REQUIRE A BUYER TO USE A PARTICULAR TITLE COMPANY? YES AND NO Section 9 of the Real Estate Settlement Procedures Act (RESPA) prohibits a seller from requiring …
WHAT IS A PARTIAL RELEASE?
What Is a Partial Release? The term partial release refers to a mortgage provision allowing some of the pledged collateral to be released after there is partial satisfaction of the …
WHAT IS A PROPERTY SURVEY AND WHY WOULD I NEED ONE?
What Is A Property Survey? A property survey confirms a property’s boundary lines and legal description. It also determines other restrictions or easements included in the property. While you can …
THE IMPORTANCE OF A PROPERTY SURVEY
If you’ve noticed a person in an orange vest carrying around a brightly colored tripod with a metal device on top, you’ve likely come across a property surveyor. Property …
SELLING A HOUSE WITH A SHARED DRIVEWAY
Save to Pinterest We all learned how to share as children, but that concept tends to work easier with crayons and cookies rather than property.Take a shared driveway, for instance. …
WHAT IS A GIFT OF EQUITY AND HOW DOES IT WORK?
When homeowners sell the family home to a loved one, they may wish to do so at a discounted rate. When this happens, the difference between the home’s market value …
LAND PATENT
A land patent is a form of letters patent assigning official ownership of a particular tract of land which has gone through various legally proscribed processes – such as surveying …
HTTPS://KCREALESTATELAWYER.COM
Real Estate Law, Deeds, Purchase Contracts, Review Contracts, Real Estate Disputes, Realtor Disputes, Buyer Representation, Seller Representation, Discounted Commission Representation, Contract Assignment, Wholesaling, Leases, Commercial, Residential, Draft Real Estate Contracts, …
QUIT CLAIM DEED
Quitclaim Deed Quitclaim Deeds can be complicated legal documents. They are commonly used to add/remove someone to/from real estate title or deed (divorce, name changes, family and trust transfers). Last …
GRANT DEED
Grant Deed A grant deed is a legal document that is used to transfer (convey) rights in real property from one entity or person (the grantor) to another (the grantee). …
CORRECTION DEED
Correction Deed – Correcting A Recorded Deed Once a deed has been recorded, it is part of the public record and cannot be changed. It is possible, however, to amend …
TRANSFER ON DEATH DEED
Transfer on Death Deed Setting up real estate to be transferred upon your death. Real estate is often one of the most significant assets to consider in a comprehensive estate …
AFFIDAVIT OF DEED
Affidavit of Deed Protect Yourself from Unrecorded Real Estate Transfers In general, a real estate deed must be delivered to and accepted by the grantee(s) to be properly executed or …
PURCHASING A PROPERTY SUBJECT TO
What Buying Subject-To Means Buying subject-to means buying a home subject to the existing mortgage. It means the seller is not paying off the existing mortgage. Instead, the buyer is …
REPAYING THE FIRST TIME HOME BUYERS CREDIT
Have you claimed the first-time homebuyer tax credit? For some buyers, it’s time to start repaying Uncle Sam. Introduced in 2008, the first-time homebuyer tax credit originally was a type …
EXECUTORS DEED VS. ADMINISTRATORS DEED
What is the difference between an executors deed and an administrators deed? When dealing with the distribution of an estate after a person dies, you will likely either hear the …
IS AN ORAL AGREEMENT FOR THE SALE OF REAL ESTATE ENORCEABLE IN MISSOURI?
IS AN ORAL AGREEMENT FOR THE SALE OF REAL ESTATE ENORCEABLE? Generally, a verbal contract is binding in Missouri. However, there are certain circumstances in Missouri when a verbal contract …
CHECKLIST OF CLOSING DOCUMENTS
Checklist of Closing Documents for Home Buyers So, what kind of paperwork will you have to sign when you close? While the process can vary from one borrower to the …
SPECIAL WARRANTY DEED
What Is a Special Warranty Deed? Although general warranty deeds are more common in residential real estate transactions, there is one area where the special warranty deed becomes the norm. …
CERTIFICATE OF TRUST
The Definition of a Certificate of Trust When creating a revocable living trust, you are acting as a trustee. This means that you can move property within the trust at …
IS YOUR HOA UNDER FUNDED?
How Much Should an HOA Have in Reserve? Choosing to live in a condominium complex or gated townhouse community certainly has many perks as to the maintenance of the property. …
WHAT IS OWNER FINANCING?
Buying or selling a home can be a complicated process. Sometimes, homebuyers have trouble qualifying for a mortgage. Other times, sellers yearn to cut through the red tape and net …
HOW TO REMOVE A LIS PENDENS NOTICE
SUMMARY A party to a lawsuit intended to affect real estate may record a notice on the land records containing the names of the parties, the name and object of …
7 MOST COMMON REASONS A REAL ESTATE TRANSACTION GOES BAD
Every business decision is followed by a lot of anxiety. That’s because there is a variety of issues that may occur before, during and/or after it. Transactions are one of …
WHAT IS A REAL ESTATE ATTORNEY AND WHEN DO I NEED ONE?
Buying a home isn’t just a simple purchase; its also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be …
REAL ESTATE SETTLEMENT PROCEEDURES ACT
RESPA Real Estate Settlement Procedures Act The Real Estate Settlement Procedures Act (RESPA) provides consumers with improved disclosures of settlement costs and to reduce the costs of closing by …
STATES WITH COMMON LAW MARRIAGE
States With Common Law Marriage Colorado: Common law marriage contracted on or after Sept. 1, 2006, is valid if, at the time the marriage was entered into, both parties are …
NON-MARITAL COHABITATION AGREEMENT
NON-MARITAL COHABITATION AGREEMENT MISSOURI IS NOT A COMMON LAW STATE. KANSAS IS A COMMON LAW STATE. IF A COUPLE IS MARRIED UNDER COMMON LAW IN ANOTHER STATE, MISSOURI MUST RECOGNIZE …
WHAT STATES RECOGNIZE TENANCY BY THE ENTIRETY?
What States Recognize Tenancy by the Entirety? These states recognize tenancy by the entirety: Alaska, Arkansas, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, …
WHAT STATES ARE COMMUNITY PROPERTY STATES?
What States are Community Property States? The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
SURVIVORSHIP AFFIDAVIT
A survivorship affidavit (sometimes called an affidavit of death or affidavit of continuous marriage) is a legal document used to remove a deceased owner from title to property by recording …
DEATH AND REAL ESTATE
What effect does the death of an owner of real estate have on the title to real estate? When a person who owns real estate passes away, depending on the …
RULES OF HOME AFFORDABILITY
The rules of home affordability Mortgage lenders use something called qualification ratios to determine how much they will lend to a borrower. Although each lender uses slightly different ratios, most …
WHAT IS AN FHA 203K LOAN?
Whether youare interested in snapping up a bargain home and renovating it to meet your needs, or you have a kitchen full of outdated appliances that you would like to …
REAL ESTATE TRANSACTION RED FLAGS
REAL ESTATE TRANSACTION RED FLAGS 1. Documentation includes deletions, correction fluid, or other alteration2. Different handwriting or type styles within a document3. Buyer currently resides in subject property4. Seller is …
PROS AND CONS OF DOING AN NEW LLC FOR EVERY REAL ESTATE TRANSACTION
Pros of Using a New LLC Every Deal Ownership structure: Perhaps you are working with several different owners on a new deal. It makes sense to have a new LLC, …
MISTAKES REAL ESTATE PROPERTY MANAGEMENT COMPANIES MAKE
1. Scaling Without Systems In Place I see a lot of property managers that fail once they hit a certain scale because they don’t have systems in place. They get …
AFFIRMATIVE DEFENSES
You have been sued. First, you panic. Then, you think about how to defend yourself. One of the best ways to fight back when you are being sued is through …
NOTARY
Overview Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the notary) identifies signers to screen out impostors and to make sure they …
WHAT IS A MEDALLION SIGNATURE GUARANTEE?
Learn about Medallion Signaute Guarantee Stamps
MISSOURI EASEMENTS
Learn about Missouri Easement Law
REAL ESTATE WHOLESALING
If you enjoy keeping up to date with market trends, following respected real estate blogs, or are addicted to HGTV, you might have more in common with a real estate …
BUYING PROPERTY IN PROBATE
Probate real estate has proven time and time again that it deserves a place amongst today’s best acquisition strategies. At the very least, investors who are able to acquire houses …
LOAN SUBORDINATION
A subordinated loan is paid after all first liens have been paid. If there is a first and second mortgage loan on a property, the second mortgage is usually subordinate …
CONSIDERATIONS IN GIVING REAL ESTATE TO YOUR CHILDREN
Before the days of income and estate taxes, adult children often just moved into the family home after their parents died. Unfortunately, its not that simple anymore. There are several …
WHEN IS A TAX GAIN RECOGNIZED WITH A CONTRACT FOR DEED?
Tax Laws for the Seller of a Contract for Deed Can I Deduct Interest on a Rent-to-Own? In cases where qualified buyers are scarce, selling a home through a contract …
AFFIDAVIT OF HEIRSHIP
When a person dies without leaving a will, an affidavit of heirship may be needed to establish facts about the deceased persons heirs and the transfer of property. While laws …
AFFIDAVIT OF DEATH
Transferring Joint Tenancy Real Estate After a Death Property held in joint tenancy is usually easy to transfer to the survivor after the other owner dies. Many people, especially couples, …
WHAT DOES RECORDING A REAL ESTATE DOCUMENT MEAN?
What is Recording? Recording is the act of putting a real estate document into the official records at the County Recorders or Recorder of Deeds Office. Usually, the types of …
HTTPS://FLATFEELEGALPROTECTION.COM
https://flatfeelegalprotection.com LEGAL PROTECTION for your REAL ESTATE TRANSACTION Have an attorney review your documents before signing or if you do not have an agent, our office can draft all the …
THE DIFFERENCE BETWEEN A REAL ESTATE LAWYER AND A REAL ESTATE AGENT
If you ask a realtor whether to hire a real estate agent or a lawyer to buy a house, you can expect the realtor will suggest hiring an agent. On …
WHAT IS A CORRECTIVE DEED?
What is a Corrective Deed? A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of …
TAX LAWS FOR THE SELLER OF A CONTRACT FOR DEED
Tax Laws for the Seller of a Contract for Deed In cases where qualified buyers are scarce, selling a home through a contract for deed can make sense. Homeowners might …
UNRECORDED CONTRACT FOR DEED
Risks and realities of the contract for deed While contracts for deed offer some advantages over a traditional mortgage, such as speed and simplicity, they can entail distinct risks for …
EVICTION VS. UNLAWFUL DETAINER
This article gives a short overview of evictions (unlawful detainers) from a landlord’s perspective. When you, the landlord, need to evict a tenant, you may not use self-help measures to …
DIFFERENT FORMS OF PROPERTY CO-OWNERSHIP
When two or more individuals own property — whether it’s a condominium, a home, or a piece of land — the relationship between the owners is very important. The form …
9 COMMON NOTARY MISTAKES
1- Failing to Require Personal Appearance Personal appearance is the very foundation of notarization. Except in the few states where online or remote notarization has been legalized, personal appearance is …
WHAT IS A LIFE ESTATE?
The phrase “life estate” often comes up in discussions of estate and Medicaid planning, but what exactly does it mean? A life estate is a form of joint ownership that …
MARITAL WAIVER IN MISSOURI – Kansas City Real Estate Law
MARITAL WAIVER IN MISSOURI Title companies are required as part of their job to request information in a real estate transaction. One of the most frequent requests involves requesting information …
WHAT ARE THE BENEFITS OF FSBO? LAWYER/BROKER SERVICES AVAILABLE
WHAT ARE THE BENEFITS OF SELLING YOUR HOUSE FOR SALE BY OWNER WITHOUT A REALTOR? The biggest reason to consider some form of FSBO is the money you may save. …