Are you planning to buy or sell a home? Do you need mortgage assistance? Have you been evicted or are facing real estate disputes? If so, you are probably dealing with the complexities of residential real estate law. The attorneys at Kelly Legal Group can provide you with legal advice and representation for all aspects of residential real estate problems, from contract disputes to real estate litigation. We will work hard to make sure that your rights are protected and your interests are represented.
Real estate transactions are some of the biggest financial decisions you’ll ever make. With over a decade of experience, our law firm knows how to navigate the complicated world of residential real estate law and works tirelessly for our commercial and residential clients. Whether you need help with real estate transactions, real estate litigation, or any other legal issues related to real estate, we will work diligently to get you the outcome you desire. Our goal is to provide each client with personalized legal services and attention to detail in every aspect of their real estate law issue.
It is vital that you have an experienced real estate attorney on your side when buying or selling property. You should never try to handle these types of transactions without professional representation from a reputable law firm. At Kelly Legal Group, our lawyers have extensive experience representing clients in all aspects of residential real estate law.
If you need legal advice about any aspect of the residential real estate market, call us today at (512) 505-0053 for a free consultation. Let us put our experience to work for you!
Our Residential Real Estate Law Services
Our team has helped hundreds of clients find success in the housing market. Here are some of the services we offer:
Closings
For buyers, closing is the final step in purchasing a property. It involves paying off existing mortgages, signing contracts, and transferring funds from buyer to seller.
For sellers, it means getting their documentation done, which includes finalizing all deeds, obtaining title insurance, payoff letters, insurance paperwork, and preparing disclosures.
The real estate lawyers at Kelly Legal Group specialize in closings for both buyers and sellers. We understand the importance of making sure everything goes without a hitch, which is why we take extra care to ensure that all residential real estate transactions run as smoothly as possible.
We prepare contracts, coordinate inspections, assist with title searches, examine title records, and ensure that seller can legally transfer the property title to the buyer. In addition, we will identify any liens, claims, and easements on a property and negotiate the terms of the contract on our client’s behalf.
Once the deal closes, we will handle all the necessary paperwork and file the documents with the local county clerk.
Loan Modifications
Property owners often face financial difficulties due to unexpected expenses or job loss. When homeowners fall behind on payments, lenders may initiate foreclosure proceedings.
However, many people can avoid foreclosure by negotiating loan modifications with their lenders. A modification allows borrowers to make smaller monthly payments while maintaining their principal balance.
A loan modification also helps prevent a borrower from losing their home. A recent study found that homeowners who successfully negotiated loan modifications avoided foreclosure more than 60% of the time.
Our team of experienced foreclosure attorneys knows how to defend against foreclosures. We have extensive experience working with banks and other lending institutions, so we know what steps to take to resolve the situation.
We will fight to keep the house, even if it means taking legal action against the bank. At Kelly Legal Group, we have extensive knowledge of foreclosure law and believe that everyone deserves to own their home free and clear.
Refinancing
Many people find themselves unable to refinance their current mortgages. This happens when interest rates drop significantly. Refinancing allows homeowners to lower their monthly payments and save money.
Unfortunately, refinancing is not always possible. Some loans do not qualify for refinancing, such as adjustable-rate mortgages (ARMs). Other loans require higher down payments.
Regardless of why refinancing is not an option, our lawyers can help you explore different options and offer you legal counsel. If you want to discuss refinancing, contact us today at (512) 505-0053!
Foreclosures
A foreclosure is the legal process used when borrowers default on their mortgage loans. The lender then takes possession of the property and sells it at auction.
Our firm handles foreclosures throughout Austin, Texas. We’ve represented lenders and borrowers in thousands of foreclosure actions over the past decade.
When a property owner fails to pay back a loan, the bank has several options. It can file suit against the borrower, seek a judgment against the property, sell the building through a trustee sale, or take ownership of the property itself. Each option carries its own set of risks and benefits.
We will work with you to receive fair treatment during this difficult time. We’ll also advise you on what steps you should take to protect yourself from further financial loss.
Foreclosure is a time-consuming and complex procedure. If you are a business owner battling to maintain your building and avoid foreclosure, it is critical to have an experienced real estate attorney on your side throughout the process.
We understand how critical it is to safeguard your real estate investment. So when you hire us, we’ll handle every step of the foreclosure process for you.
It’s important to contact a foreclosure attorney when you begin having difficulty paying your mortgage. We can work with your lender to reach a fair resolution if a foreclosure has already started.
Eviction Defense
When someone violates the terms of their lease agreement, they may be subject to eviction. For example, this can happen when tenants fail to pay rent, damage the property, or violate the terms of their lease.
When tenants do not comply with their obligations under the lease, landlords must follow specific procedures before evicting them. These include giving written notice, posting signs, and filing a lawsuit in court.
The tenant has 30 days after receiving notice to vacate the premises in most cases. If the tenant does not leave within this time frame, the landlord may apply for an order of possession. The judge then decides whether to grant the order and remove the tenant from the property.
In addition, if the tenant fails to pay rent, damages the property, or commits another violation, the landlord may sue them in small claims court.
At Kelly Legal Group, our real estate attorneys specialize in defending against these types of lawsuits. We aim to protect our residential real estate owners’ rights and interests by ensuring fair treatment throughout the eviction process.
Landlord-Tenant Disputes
Whether a landlord or tenant is responsible for damage caused to the property is often unclear. However, the law provides several ways to determine which party is liable.
The most common way is to apply the doctrine of implied warranty. Under this rule, a landlord is generally considered the property owner and therefore is liable for any damage to the premises.
On the other hand, a tenant is usually considered the owner’s agent and thus is only responsible for damage done while performing services under the lease agreement.
In addition to liability, the law also determines whether each party is entitled to compensation for damage. For instance, if a tenant accidentally causes damage to the property, the landlord is typically not entitled to reimbursement.
Our real estate lawyers have extensive experience helping clients resolve these types of disputes. We are legal professionals that know how to protect your interests so you don’t get stuck paying for repairs. Call us for more information today at (512) 505-0053!
Contract Disputes
When two parties enter into a written contract, they agree on certain obligations. However, sometimes the terms of the contract conflict with what was initially agreed upon.
This type of disagreement is called a contract dispute. The problem stems from one party’s failure to read the contract carefully in many cases.
In real estate, there are many types of contract disputes. For example, there is a possibility of conflicts regarding closing costs, loan fraud, the purchase price, and items included or excluded in the home sale. When minor disputes escalate, they can fail to pay or deliver a deed.
While most contracts provide alternative dispute resolution rather than costly litigation, our attorneys can assist you regardless of whether you have to go to mediation or civil court.
If you think you’re in a contract dispute, we can help. Our Austin real estate lawyers are well versed in contract law and will work hard to ensure that you receive fair treatment.
Deed Transfers
A deed is a legal document that outlines the details of residential properties, including who owns them and where they are located. It may be used to transfer ownership of land.
For example, a buyer might use a deed to sell his house to another person. A seller would then use a deed to convey the title to the new homeowner.
At Kelly Legal Group, we handle several different types of deeds, including:
- Quitclaim deeds
- Bargain and sale deeds
- General warranty deeds
- Special warranty deeds
- Grant deeds
- Mortgage deeds
- Trustee’s deeds
Like sheriff’s deeds and administrator’s deeds, deeds executed by courts are also common.
We can help you understand all the nuances of a deed and document everything correctly. If you need assistance with property transfers, contact us today for a free consultation.
Eminent Domain
Landowners often find themselves in situations where their property must be taken away by eminent domain. This refers to the power of the government to take private property for public use.
It is important to note that the government does not always have the right to take property. The government has to prove that taking the property is necessary and that its value is greater than the cost of acquiring it.
The process of eminent domain takes place through an administrative hearing. At this time, the property owners receive notice of the hearing date and location. They can present evidence and argue why the property should not be condemned.
Once the hearing is complete, the government makes its decision. This is when the owner of the property gets paid for the loss of their property.
We can help you if your property is being taken by eminent domain. The team at our law office will advise you about how to protect your rights and guide you throughout the entire process.
Legal Documentation
The amount of paperwork involved in buying or selling a home is well known to anyone who has ever done it. An experienced real estate attorney can research, draft, negotiate, and explain all legal documents pertaining to real estate.
For example, when purchasing a house, a buyer may need to sign various forms, including a sales contract, mortgage application, title insurance policy, and escrow instructions.
Likewise, sellers must fill out a seller’s disclosure statement, listing agreements, and other documents required by their lender.
Real estate attorneys can review all of these documents and make sure everything is completed correctly. This includes ensuring that the correct information is provided to each party.
There are also times when a real estate attorney can help a client avoid problems before they arise. For example, a lawyer can advise about the best time to close the transaction and explain the importance of reviewing and signing all necessary documents.
Some of this documentation included in the process are:
- Leases
- Deeds
- Sublease agreements
- Roommate agreements
- Rental applications
- Eviction notices
- Letters of intent
- Purchase offers
- Lease amendments
- Property liens
Property Taxes
Our real estate attorneys can appeal your property tax assessment if you disagree with the assessor’s value. An experienced real estate attorney will analyze the situation and determine whether or not we can convince the assessor to lower your taxes.
If you disagree with the valuation, we can file a petition for reassessment on your behalf. This means that our team will gather more data from local authorities and maybe a real estate broker to create a stronger argument against the original assessment.
If you believe that your property was improperly assessed, you can ask us to represent you in court. In some cases, we can even get the case dismissed entirely.
When you hire our law firm, you can rest assured knowing that you have made the right choice. We can help you settle tax debt or advocate on your behalf for property tax reduction, exemption, or relief. We can also represent you at any hearings related to your property taxes or other real estate litigation. These hearings can occur on the local level (county), state, or federal levels.
Why Choose Our Residential Real Estate Attorneys?
Kelly Legal Group is dedicated to providing exceptional service to clients in Austin, TX. Whether you need assistance buying or selling a home, planning for retirement, or managing the most complex real estate litigation, our team of experienced lawyers and paralegals are here to serve you.
Our lawyers are licensed by the State Bar of Texas and are trained to assist clients with a full range of real estate legal services, including both residential and commercial real estate law issues. They know how to navigate the intricate rules and regulations of the state’s real estate market and they work closely with their clients to ensure that every aspect of the problem is resolved.
Our law firm is committed to helping people understand the legal system to make informed decisions about their future. We provide a free consultation for new clients and offer affordable rates to help keep costs down.
Contact Our Firm for Your Real Estate Litigation Needs
At Kelly Legal Group, we pride ourselves on being responsive, honest, and trustworthy. We can help with any real estate transaction, including both residential and commercial real estate transactions.
Hire a local real estate lawyer who knows the area and understands its unique needs. Contact us today to schedule a free consultation!
If you would like to discuss your options regarding residential property matters or real estate disputes, please get in touch with us today. You can call us at (512) 505-0053 or email us through our website.