Eastern Wisconsin Real Estate Investment Protection

Contrary to a misguided popular belief, it is not a good idea to go it alone when dealing with your residential, commercial and agricultural real estate transactions. A real estate deal could put you on solid ground or cripple your financial outlook for years. You need a knowledgeable attorney to protect your investment.

At Hoeper Law Offices, we help property owners, buyers and sellers resolve their real estate issues. With our help, you can feel confident about your real estate endeavors.

Contact us today to schedule an appointment to discuss your real estate options with an experienced lawyer. We are located in Waupun, Wisconsin. We accept Visa and MasterCard.

Residential, Commercial and Agricultural Real Estate Solutions

At Hoeper Law Offices, we handle a variety of real estate issues for our clients, including:

• Purchases and sales: title issues, document review, adverse possession, encroachment, removal of liens and encumbrances and removal of exceptions
• Property defects: identifying defects and areas of dispute such as joint well agreements, shared driveways and easements
• Property line disputes
• 1037 Starker exchanges
• Commercial real estate: counsel and document drafting for businesses such as restaurants, liquor stores and taverns
• Foreclosure: short sales and foreclosure litigation defense

Purchasing or Selling a House? Protect Yourself

If you are purchasing or are selling a new house, you need to make sure you are protecting your interests. Our firm is ready to help you review purchase agreements, and make sure contracts are in place to protect your rights.

Our firm looks forward to helping you make the most of your real estate transactions, whether they are a personal investment or for your businesses.

To discuss your situation with an experienced attorney in your area, call 920-324-5050 for our Waupun office. We look forward to hearing from you.

Hoeper Law Offices has locations in Waupun and Green Lake, Wisconsin and represents clients in Beaver Dam, Mayville, Lomira, Fond du Lac, Sheboygan, Ripon, West Bend, Montello, Oshkosh and other towns in Dodge County, Fond du Lac County, Green Lake County, Marquette County and the Fox River Valley.

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, and environmental laws. 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.

Real Estate 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 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 to map 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's invalidity.

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 to 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 results in the sale of the property to satisfy 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 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 real estate, it is in your best interest to get in touch with an experienced real estate attorney to ensure that your rights are protected.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Real Estate Law Resource Links

U.S. Department of Housing
This general site for the U.S. Department of Housing and Urban Development contains information on homes and communities.

National Association of Realtors®
This Web site of the National Association of Realtors® contains information about the real estate industry, including a section on real estate law and policy.

Yahoo! Real Estate
This site includes numerous real estate related resources, including links to information about buying, selling, financing, and improving real property.

Copyright ©2009 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.