Quiet Title

Occasionally there are matters that create what are called “clouds” against an owner’s title to a property. It makes no difference if the property is vacant land, residential or commercial. A “cloud” on title might result from a wrongfully recorded lien of some type. It could result from a mortgage that has been repaid, but never properly released.

No matter what created the “cloud” against the title, if you are unable to obtain a voluntary release of such item, the quiet title lawsuit may solve your problem. Essentially, suit is filed against the claimant involved. If they are unable to justify the legitimacy of their claim, you can obtain a court order permanently clearing the cloud from your property.

This matter most often arises when you are trying to sell your property and a cloud prevents you from obtaining a clean title policy for your buyer. We can expeditiously resolve these issues for you.

Deed in Lieu of Foreclosure

There are occasions in which a borrower wishes to avoid having a foreclosure appear against their credit history. Similarly, a lender may wish to avoid the expense of either foreclosing judicially (through the court system) or non-judicially (using a foreclosure trustee). The solution for both may be for the property owner to simply execute a deed transferring title to the lender.

This may sound very simple, but both sides need to be aware of certain potential risks! For example, the borrower may want to make sure that after the transfer he owes no more money upon the loan. Conversely, the lender may want to preserve its right to sue the borrower for any deficiency, namely, the difference between what the borrower owed and the present fair market value of the property.

There may also be serious tax consequences to the borrower. Should Congress fail to once again extend the mortgage debt forgiveness laws (which expired on December 31, 2013), borrowers may incur taxable income upon debt forgiven, yet be without the funds to pay such tax. This is also a serious issue for anyone considering a short sale at this time.

Contact us for assistance through these problematic areas.

How do I remove a tenant or the former owner after I have foreclosed?

Just because you have foreclosed upon a property does not mean you have the right to remove whoever is in occupancy.

Certain laws afford a tenant, that had a valid lease with the former property owner, a right to occupy the property until the end of the lease! There are however exceptions to this right.

Even if you have the right to remove the tenant or former owner immediately, you may still need to serve proper notices and proceed with a civil lawsuit for what is called unlawful detainer.

We can assist you in taking possession of the property and also in pursuing the former property owner for monies you may still be owed. Contact us by using the form to the right, or call us at (702) 451-7077. We will be glad to help you through your problem.