Real Estate Law
Real estate has never been more complex than it is today. That’s why our team of experienced lawyers is here to assist you in dealing with complicated real estate transactions. Our track record of identifying creative solutions and successfully navigating complex deals has made us a trusted partner for both established real estate investors and those new to the industry.
We work closely with our clients to ensure that their personal real estate purchases comply with the law, providing peace of mind and confidence throughout the process. Our collaborative approach ensures that you are fully informed and involved in every step of the transaction.
Explore our real estate related articles.
Real Estate Solutions
We have built a practice based on a first-hand knowledge of real estate assets and transactions and use a practical and collaborative approach to problem solving. Our attorneys work together with you on finding solutions to any of the following areas:
- Title Curative Matters
- Unreleased Deeds of Trust
- Lien Releases
- Litigation Involving Wrongful Liens
- Title Claims
Distressed Real Estate
- Short Sales
- Deeds in Lieu of Foreclosure
Real Estate Investing, Wholesaling, and Creative Financing
- Purchase and Sale Agreements
- Memoranda Notices of Purchase Contracts
- Commercial, Industrial, Retail, and Residential Leases
- Lease Options
- Subject to Disclosures and Addenda
- Agreements for Sale
- Wrap Agreements
- Promissory Notes
- Deeds of Trust and Assignments of Rents
- Due Diligence and Document Review
- Escrow Instructions
Fowler St. Clair can work with you to find solutions to your real estate questions that are tailored to your unique situation. Our attorneys will utilize creative, cutting-edge strategies to help you achieve your real estate goals.
Guidance in Title Remediation
Most real estate transactions begin with a purchase contract followed by the opening of escrow. The escrow agent will provide the parties with a commitment for title insurance. At this point, what appeared to be a simple real estate transaction can turn into a complicated and seemingly impossible situation.
This may be from (A) a prior owner who is deceased but their estate was never probated, (B) a deed of trust that was paid, but never released, (C) a missing deed or gap on title, (D) a wrongfully recorded document, (E) an expired judgment, or (F) property awarded in a divorce decree, but the decree failed to contain the necessary language to convey title or (G) any number of other circumstances that limit the ability of a seller to deliver a clean title to the buyer.
Fowler St. Clair has the knowledge and experience necessary to clear title to real estate. It uses the following tools (and others) at its disposal:
- Quiet title actions
- Wrongful recording actions under A.R.S. § 33-420
- Informal probates
- Formal probates
- Affidavits of succession or small estate affidavits
- Demand letters
- Lien release demands
- Payoff demands
- Creditor negotiations
- HOA or homeowner’s association negotiations
- Tax lien redemptions
- Judgment redemptions
- Family law proceedings
Guidance in Real Estate Investing, Wholesaling and Creative Financing
Real estate investing, wholesaling, and creative financing can be an exciting and profitable industry. There is nothing better than closing on your first transaction. However, real estate investing, wholesaling, and creative financing can also be fraught with risk and liability exposure. Proper planning is needed to limit this exposure.
First, a real estate investor should protect his or her financial assets by having a proper and organized operating structure.
Second, a real estate investor or wholesaler should have the proper contracts, forms, and disclosures that will allow them to effectively, properly, and legally secure the transaction.
Third, an investor who is utilizing creative financing needs to know how to properly and legally structure the transaction. Fowler St. Clair’s real estate law attorneys can assist real estate investors and wholesalers in securing their transactions and protecting their assets by preparing the following:
- Purchase contracts
- Memorandum and notice of purchase contract
- Release and termination of memorandums of purchase contracts
- Seller disclosures
- Subject To addendums
- Carryback financing addendums
- Wrap agreements
- Authorizations to release information for insurance
- Assignment of insurance proceeds
- Authorizations to release information for mortgages
- Limited powers of attorney
- Residential leases
- Purchase options
- Rights of first refusal
- Promissory notes
- Deeds of trust
- Limited liability company or LLC formations
- Articles of organization
- Operating agreements
- Estate plans