Alabama Real Estate Attorney

Grainger Legal Services, LLC

Long-Term Solutions for Your Legal Concerns

Buying or Selling a Home • Title Reviews • HUD Forms

A Reliable Alabama Real Estate Lawyer

When you are buying a house, you are making one of the most important investments in your life. You want to make sure everything is properly taken care of. Contact us at Grainger Legal Services, LLC, for experienced legal representation from a skilled Montgomery, Alabama real estate attorney who can bring you peace of mind in your real estate transactions.

Taking Care of the Details at Your Closing

At At Grainger Legal Services, LLC, we are there to make sure all the details of real estate closings are properly taken care of. We perform title reviews, prepare of HUD forms, review of the contract for deed and purchase agreement, and make sure money is properly escrowed and there are no surprises.

Contact us for all your residential real estate needs. We pride ourselves on the personal service we offer. We take the time to listen, and we return phone calls promptly. Our office is conveniently located off the Perry Hill Road exit on I-85, and parking is ample. Evening and weekend appointments are available.

Grainger Legal Services, LLC

4220 Carmichael Ct, N.
Montgomery, AL 36106

Local: (334) 260-0500
Fax: (334) 260-5580

Grainger Legal Services, LLC, in Montgomery, Alabama, serves clients throughout central Alabama in communities such as Birmingham, Prattville, Millbrook, Coosada, Wetumpka, Clanton, Alexander City, Greenville, Andalusia, Troy, Dothan, Eufaula, and Phoenix City.

Montgomery County • Autauga County • Elmore County • Macon County • Bullock County • Pike County • Crenshaw County • Butler County • Lowndes County

Real estate law includes both federal and state issues, with the state-level rules varying widely from jurisdiction to jurisdiction. These state and federal laws encompass everything from ownership of land and buildings to related issues such as financing, leasing, construction, taxes, environmental rules, and a multitude of others. A competent and experienced real estate attorney can protect a party's interests in both routine and complex transactions and disputes.

Brokers

A seller may employ a real estate broker to solicit potential buyers for his or her property. The seller and the broker sign a listing agreement, obliging the broker to work to find a buyer and the seller to pay the broker's commission if a sale results. A buyer may employ a real estate broker to locate suitable property. Real estate brokers are generally subject to rigorous licensing standards established by each state. As an agent, a real estate broker or salesperson has duties and obligations to the person who hired him or her. If an agreement to purchase the property is made, that agreement is strictly between the seller and buyer, and the broker is not a party to that agreement and generally makes no promises about the property.

Contracts and Transfers

The agreement to sell between a real estate buyer and seller is governed by the general principles of contract law. The statute of frauds requires that real property contracts must be in writing. Title to real estate must be marketable to be free from liability, which means that it must be free and clear of all encumbrances, liens, clouds, litigation risks, or other title defects. To ensure marketable title, the buyer typically employs an attorney or a title insurance company to perform a title search. In a title search, the searcher examines the public records in the county in which a property is located, mapping a chain of title by examining all the recorded deeds concerning the property. The title searcher will also determine if there are any encumbrances on the property, such as mortgages, unpaid real estate taxes, liens for municipal improvements, unpaid federal taxes, government claims, legal judgments, foreclosures, condemnations, covenants, and easements. A title insurance company will insure the buyer against losses caused by the title being invalid.

In order to pass title, the seller must execute and deliver a deed with a proper description of the land. Many states require that the deed be officially recorded to establish ownership of the property and provide notice of its transfer to subsequent purchasers.

Mortgages

The most common method of financing a real estate transaction is through a loan secured by a mortgage on the property. A mortgage involves the transfer of an interest in land as security for an obligation. A borrower typically repays a mortgage in installments that include both interest and principal payments. If the borrower doesn't make payments, foreclosure can result, with the lender declaring that the entire mortgage debt is due immediately. Failure to pay the mortgage debt once foreclosure occurs leads to the sale of the property to pay for any remaining mortgage debt.

The actual foreclosure process depends on state law, the terms of the mortgage, and whether other liens exist on the property. Many states allow late payments to avoid foreclosure, and many lenders attempt to work out a payment plan in order to avoid a foreclosure. If a lender is threatening foreclosure, a borrower should immediately contact a competent and experienced real estate attorney to protect the borrower's interests and pursue all available resolutions.

Conclusion

Real estate transactions and disputes involve many laws, which vary greatly from state to state. If you are buying or selling real estate or are involved in a dispute regarding a real estate interest, it is in your best interest to get in touch with an experienced real estate attorney to ensure that your rights are protected.

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Frequently Asked Questions about Real Estate

Q: What is real estate?

A: Real estate (also called real property) refers to land and things attached to land. For most consumers, real estate consists of their home and the lot surrounding it. Commercial real estate may include factories, equipment, and other facilities. In addition to buildings and equipment, resources existing on (or under) the land, including minerals and gas, are part of real estate. Some of these components of real estate can be sold separately. For example, a farmer could sell the mineral rights to a specific field to a mining company while retaining the right to farm the surface.

Q: What are deeds for?

A: Deeds indicate, and are generally required to transfer, ownership of real estate. A deed contains the names of the old and new owners and a legal description of the property, and is signed by the person transferring the property. The different kinds of deeds, such as a quitclaim deed, a grant deed, or a warranty deed, transfer different interests. For example, a warranty deed assures the buyer that the seller will defend his title to the property from all other persons. A quitclaim deeds conveys only whatever title the seller owns, with no warranty against the claims of others. A warranty deed provides a buyer with the most legal protection.