Real Estate Litigation

National Mortgage Companies are illegally creating homeowner defaults by violating up to TEN (10) different Federal Laws.  Many people (and Attorneys) are unaware of these laws.

If you have applied for a Loan Modification Agreement, paid your money and been “accepted” only to find out later you are declared in “default,” you should contact an Attorney immediately.  Our Attorneys are representing people in danger of losing their homes, due to the negligence, fault and sometimes outright fraud (including mail fraud and wire fraud) of National Mortgage Companies. It is very IMPORTANT that you act quickly to save your home. Contact us now  to save your home from foreclosure.

Special Notice to Homeowners Who Receive Non Judicial Foreclosure Notices

Arkansas Law is written in favor of the foreclosures!  If you do not take legal action BEFORE the date of your non-judicial foreclosure auction, you lose your right to fight for your property!  The Code provision that terminates your rights is Ark. Code Ann. 18-50-108.  You must act BEFORE the non-judicial foreclosure sale.  There is no right of redemption. Contact us now  to save your home from foreclosure.

Real Estate Law in General

You may know there are not many Attorneys who practice Real Estate Law.  We do, and we enjoy working out “dirt law” problems.  William G. “Gregg” Almand is currently the Secretary of the Arkansas Bar Association Real Estate Section.  Attorneys who concentrate their practice in Real Estate Law are members of this “Section.”  Mr. Almand began his practice in Real Estate by working for Arkansas Title Companies to straighten out title problems for Title Company customers who could not sell or buy real estate without title problems being corrected.  Mr. Almand even had one major title company hire him to fix a problem they could not fix and upon which the Title Company had given up.  The problem was solved in four hours (located a missing deed from 1911).

The kinds of real estate issues you may have, but not know about are:

  1. Title problems.  If you are buying or selling, your title company will get a “Title Commitment.”  Ask to see it before closing.  You cannot wait until closing the sale to look for problems in the Title Commitment.  Schedule B of the Title Commitment will list the title problems to be solved.  Often, the Title Company will “exclude” a problem.  This means that they don’t provide insurance for it, and it means you are stuck with that problem, unless it can be fixed.  These kinds of problems can significantly alter (reduce) the value of your property.  We will review Title Commitments, and will receive the documents via email from your Title Company.  They should be HAPPY to help you in having your title commitment examined quickly and inexpensively.
  2. Encroachments.  This legal dispute involves someone who is not an owner of your property (a “stranger to the title” in legalese), coming onto your land with the intention of using it permanently.  The most common encroachment occurs when a fence is placed across the properly line.  This problem is easy to fix in the first seven years after the encroachment begins (7 years is the time for adverse possession of improved property).  But if you wait one day past the 7 years, you can lose you ownership of the property on which the encroachment lies.  Don’t wait – take immediate action.  Contact a Real Estate Attorney.  Other examples of encroachments are buried cables, and overhead power lines (without easements).  Any use of your real estate without your permission is an encroachment.  Please call and find out if you have any questions.
  3. Boundary Line Disputes.  These property line disputes have been going on longer than Arkansas has been a state.  The rules are fairly clear, but the facts always make the case more difficult.
  4. Real Estate Closings.  In almost every other state in the nation, attorneys close real estate transactions, rather than real estate closings.  Still, in Arkansas, an Attorney must supervise the preparation of documents.  The Law Firm is one of the few law firms in the state that performs real estate closings for both residential and commercial properties.  The cost for our Attorneys to perform these real estate closings is no more than what a title company normally charges.
  5. Other Real Estate Matters.  Our Attorneys prepare of all kinds of Deeds, mortgages, contracts of sale, covenants, easements and other restrictions on use, mineral rights and other legal transfers of real estate, full or partial ownership.  In addition to transferring ownership, we prepare leases, both residential and commercial.  Our Attorneys can litigate title in Quiet Title lawsuits, Tax Titles and other cases where ownership is in dispute, including “clouded” titles.  We make sure the documents are properly drafted and recorded at the correct real estate office in the particular county in which the land is located.

If you have a question about a real estate matter or legal problem involving land, please contact us.

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