Real Estate Law Attorneys

Creative Solutions for Complex Problems

The real estate lawyers at Fowler St. Clair assists clients in closing complicated real estate transactions. It prides itself on identifying creative solutions that allow their clients to buy or sell real estate when it seems otherwise impossible.

These solutions may include:

Title Remediation

  • Title curative matters
  • Unreleased, but satisfied deed of trust
  • Lien releases
  • Wrongful lien litigation
  • Boundary disputes
  • Title insurance, disputes and claims
  • Affidavits of succession
  • Probates
  • CC&R or condition, covenants, and restrictions matters

Real Estate Investing, Wholesaling, and Creative Financing:

  • Purchase contracts
  • Memorandums and notices of purchase contracts
  • Assignments
  • Residential leases
  • Lease options
  • Subject To disclosures and addendums
  • Wrap agreements
  • Agreements for sale
  • Promissory notes
  • Deeds of trust and assignment of rents
  • LLC formations and operating agreements

Real Estate Litigation:

  • Specific performance actions
  • Quiet title actions
  • Adverse possession
  • Notices of lis pendens
  • Real estate defects
  • Forgery, fraud, or misrepresentation in real estate transactions
  • Title disputes
  • HOA or Homeowners association disputes
  • Landlord/tenant disputes
  • Insurance coverage disputes

Commercial Real Estate:

  • Commercial purchase and sale agreements
  • Commercial due diligence
  • Loan documents
  • Commercial, industrial, retail and shopping center leases
  • Lease termination agreements
  • Escrow instructions

Distressed Real Estate:

  • Foreclosures
  • Short sales
  • Deeds in lieu of foreclosure

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. It is at this point that what appears to be a simple real estate transaction can turn into a complicated and, what at times may seem like an impossible, situation.

This may be from a prior owner who is deceased, but their estate was never probated, a deed of trust that was paid, but never released, a missing deed or gap on title, a wrongfully recorded document, an expired judgment, property was awarded in a divorce proceeding, but the decree failed to contain the necessary language to convey title or other circumstance that limits the ability of a seller to deliver a clean title to the buyer.

Fowler St. Clair has the knowledge and experience necessary to clean 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
    • Assignments
    • 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

We have more articles related to Real Estate Law on our blog.

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    8655 E. Via de Ventura
    Suite G-225
    Scottsdale, AZ 85258
    480-788-9911

    442 W. Kortsen Rd.
    Suite 201 #4
    Casa Grande, AZ 85122

     

    1172 Amber Park Dr.
    Suite 160
    Alpharetta, GA 30009
    678-310-8868

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