Closings and Title Insurance
Buyer’s Representation
Seller’s Representation
Foreclosure Defense
Other Real Estate Transactions
Other Real Estate Litigation
Alternative Dispute Resolution

 

CLOSINGS
THE PROFESSIONALISM OF A LAW FIRM AT THE PRICE OF A TITLE COMPANY

Did you know that every law firm and title company in the United States that conducts real estate closings issues the exact same form of title insurance policy? What really distinguishes one title agent from another is the level of service and professionalism they provide to parties, the Realtors® and loan professionals participating in the transaction. At Strock & Cohen, P.A., the parties to the closing have access to the firm’s attorneys for answers to questions and advice about how to proceed. As our clients will attest, we are always available and never more than a telephone call or an e-mail away from a quick response to a troubling question.

And, most important, these additional services are at no extra charge. They are part of our professional services. The Buyer pays the same fees at closing that they would at a title company – and they get so much more. And, no extra charges for wire fees, couriers, title examination, copies, long distance, document storage, and the like. Why would you use a title company that may or may not have an attorney on staff, when you can use Strock & Cohen, P.A.?

Those real estate agents, lenders, mortgage brokers, investors and other real estate professionals who select Strock & Cohen, P.A. as part of their team will find that the advice and counsel of knowledgeable attorneys is invaluable and essential in this complicated and changing time.

BUYER AND SELLER REPRESENTATION
In addition to our traditional title closing services, the attorneys at Strock & Cohen, P.A. represent buyers and sellers who have been prohibited by contract from selecting their own title closing agent.

WHO IS REPRESENTING THE BUYER IN AN REO OR SHORT SALE PURCHASE?
In today’s fast changing real estate climate, when the banks (REO properties), investors, or short sale sellers control all of the settlement services, who is looking out for the Buyer’s contract rights and best interests. These contracts require long and complex addendums that frequently are not well drafted and contain conflicting provisions. Who else is best suited to explain these documents to the Buyer than an experienced real estate attorney?

Our firm works with professional Realtors® and provides the Buyer with representation from the beginning of contract negotiation and throughout the closing to protect the client’s interest and to explain all of their options, rights, and obligations under the real estate contract and the REO/ short sale addendum. We also review the title process in order to make the best effort that the Buyer gets a property with no title defects, liens, violations or open permits and that no fraud is being committed that could cause liability in the future.

Those real estate agents, lenders, mortgage brokers, investors and other real estate professionals who select Strock & Cohen, P.A. as part of their team will find that the advice and counsel of knowledgeable attorneys are invaluable and essential in this complicated and changing time.

WHO IS REPRESENTING THE SELLERS’ INTERESTS?
Short sales create an additional set of legal difficulties for an already complex closing process. Short sale sellers have the additional burden of determining whether their Lender is releasing them from further liability on their debt and whether it is in their best interests to close on the sale. The parties need to comply with specific directives from the short sale Lender that often conflict with the short sale second Lender’s instructions and even with the Buyer’s Lender’s closing instructions. Failure to properly comply can lead to civil and even criminal liability if not overseen by an experienced real estate attorney.

Our firm works with the Seller and all parties to the transaction to insure that the Seller understands the transaction and its implications, is complying with all Lender instructions and legal requirements, and that the Seller’s closing documents and closing statement are prepared exactly according to the requirements of the contract and the law.

FORECLOSURE DEFENSE
With our years of real estate law and litigation experience, we are well situated to handle the new area of law known as foreclosure defense. Since the inception of the current crisis we have represented hundreds of clients throughout the foreclosure process protecting their legal rights and exploring all of their legal and practical options. All prospective clients are welcomed to a free consultation to discuss their individual circumstances, their goals, and the possibility of achieving these goals. This will include the following:

• The history of their mortgage
• Their financial situation
• Any possible defenses and how realistic or cost effective they are
• The pros and cons to alternatives to foreclosure such as loan modification, short sale, and deed in lieu
• If modification is desired what steps must be taken – income required, budgeting, planning
• The differing treatment between principal residence and investment property Some of the following frequently asked questions are also addressed:
• The time can the borrower expect to remain in the property
• The investor owner’s ability to continue to collect rent
• Tax liability from foreclosure
• The risk to other assets and the ability to protect them
• The option of bankruptcy
• Effects on credit ratings and possible credit restoration

Attorneys’ fees for foreclosure defense are fair, reasonable, and affordable. Clients are kept informed of legal filings by e-mail. Most questions are responded within 24 to 48 hours.

In our experience, our representation is most effective when the consultation occurs before you are served with foreclosure summons and complaint or with a few days after service (and before you file your reply).

OTHER REAL ESTATE TRANSACTIONS
• Refinance Closings
• Reverse Mortgage Closings
• Short Sale Closings
• Investor Closing Services
• Commercial Real Estate Sales
• 1031 Exchanges
• Residential Leases – Prepare or Review
• Commercial Leases – Prepare or Review
• Preparation Deeds, Notes and Mortgages
• Real Estate Fraud Avoidance
• RESPA Compliance
• Title Clearing
• Formation of Business Entities for Real Estate Acquisitions

OTHER REAL ESTATE LITIGATION
• Deposit Disputes
• Real Estate Contract Enforcement
• Specific Performance
• Quiet Title Actions
• Landlord Tenant Eviction Actions
• Title Insurance Claims



 

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