Best Real Estate Lawyers in Hialeah, FL

FAQs

• What is the non-emergency contact number for the local police station in Hialeah, Florida?

  305-687-2525 is the non-emergency contact number for the Hialeah Police Department.

• Where can I get a copy of police reports for incidents related to my case in Hialeah, Florida?

  Copies of police reports related to real estate cases can be obtained from the Records Unit of the Hialeah Police Department. The Records Unit is open to the public Monday through Friday from 7 a.m. to 4 p.m. and is closed on weekends and holidays. Residents can call (305) 687-2500 to verify if a report is ready for request.

• How can real estate attorneys help Hialeah residents prevent and defend against foreclosure?

  Real estate lawyers in Hialeah can assist residents at risk of foreclosure by negotiating with lenders to lower interest rates and extend the time to repay the mortgage. Another option is forbearance, where residents can catch up on missed payments by making monthly installments and creating a plan to repay any remaining debt. Short selling is also possible, where residents can sell their home for less than its current value and use the proceeds to settle the outstanding balance with the lender.

• What is the statute of limitations for foreclosure actions in Hialeah and the state of Florida?

  In Hialeah and throughout the state, the statute of limitations for foreclosure actions currently stands at five years. This timeframe commences when the bank accelerates the loan. Loan acceleration generally transpires either through the issuance of an official notice of acceleration or upon the filing of the foreclosure lawsuit. In the majority of cases, the initiation of the foreclosure suit serves as the triggering event for the statute of limitations, as banks usually forgo sending a notice of acceleration.

• How many days do Hialeah residents have to respond to a lawsuit filed by their lenders?

  Hialeah residents, as well as borrowers across Florida, are given a mere 20-day window to respond when their lenders file a lawsuit against them. If borrowers fail to meet this specified deadline, they will be deemed in default, which grants lenders the authority to proceed with a foreclosure sale of their homes. It is highly recommended that Hialeah residents facing such a lawsuit seek guidance from a local attorney to obtain precise details regarding the timeframe within which they must respond.

• What is the cost of hiring a probate attorney in Hialeah and the state of Florida?

  In Hialeah and across the state, probate attorneys typically receive compensation in the form of a fee equivalent to approximately 3% of the total value of the probate inventory. The specific payment structure entails receiving $1,500 for estates valued up to $40,000, $2,250 for estates falling within the $40,000 to $70,000 range, and $3,000 for estates valued between $70,000 and $100,000. These fees are regulated by Chapter 733 of the Florida Statutes and cover exceptional services, such as addressing tax matters, engaging in litigation, and handling real estate affairs.

• Who gets paid first from an estate in Hialeah?

  In Hialeah, the legal framework of Florida dictates a sequence for settling an individual's final financial obligations. The primary focus lies on allocating funds for estate administration costs, attorney fees, and expenses related to personal representatives. Additionally, executors or administrators address federal taxes and debts, including amounts owed to public assistance programs and unpaid court fees. Finally, provisions are made to disburse funds to surviving relatives.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.