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Essential Home Ownership Documents
Common Home Ownership Legal Questions
What happens if there’s a lien on property I want to buy?
When people talk about a lien on a home, they’re usually talking about Mechanic’s Liens. If the previous owner had work done to a home and then failed to compensate the contractor for his or her work, that person can file a lien on the property. This actually prevents the owner who defaulted on their payment from selling the home without first paying the construction company, plumber, or electrician.
What is a fixed-rate mortgage?
A fixed-rate mortgage is the most commonly used mortgage. As the name implies, the interest you’ll pay on your mortgage will be the same for the life of the agreement, which is most often 30 years. That means you’ll be able to budget for your mortgage payments much more easily than you might if you have an adjustable rate mortgage.
What forms can I use to transfer homeownership?
Buying a home is a complicated process. If you’re in the market, it’s highly recommended you speak with a real estate attorney to make sure everything’s on the up and up. Transferring a title, on the other hand, is generally simpler. You may find yourself wanting to transfer property to a Trust so your grandchildren can inherit it or you may have to transfer property after divorce. Most commonly, this is done with a Quit Claim Deed. It’s still a great idea to have a lawyer look over your forms and make sure they do what you’d like them to.
Can I leave property to my heirs in my estate plan?
You can. Commonly, this is done either via a Trust or through a Last Will and Testament. There are advantages and disadvantages to using either document (Trusts can often allow you to avoid the probate process, for example), but you usually can bequeth property to your loved ones in your estate plan. If you’d like to do so, it’s a good idea to talk with an experienced real estate lawyer.
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