Can I Sell My House If...FAQ | Attorney Realtor in Irvine

Can I sell my home if I am behind on my payments?
Can I sell my home if I’m in default or facing foreclosure?
Can I sell my home after receiving a foreclosure notice?
Benefits of selling your home to avoid foreclosure
Can I stop a foreclosure once it starts?
Can I sell my house if I owe more than it is worth?
Can I sell my home if it needs repairs?
Can I sell my home if it is in probate?
Can I sell my parents' house if they pass without a will?
Can I sell my home if it is held in a living trust?
Can I sell my home if I have a reverse mortgage?
Can I sell a home I inherited with a reverse mortgage?
Can I sell my home if I’m behind on property taxes?
Can I sell my home if I have IRS or FTB tax liens?
Can I sell my home if it is tenant occupied?
What is an “attorney/realtor” and why do you need one?

CAN I SELL MY HOME IF I AM BEHIND ON MY PAYMENTS?

Yes, you can absolutely sell your home even if you are behind on your payments. In fact, the earlier you start the listing and sale process during the “pre-foreclosure period,” the better outcome you can expect. The advantages of selling during the pre-foreclosure period include:

Time to have small repairs done, clean the home, and properly stage the home to get top dollar.

The ability to work with an Attorney/Realtor who can negotiate the best deal with the lender and the buyer.

Preventing a foreclosure from hitting your credit report which will limit your ability to buy again.

Being able to relocate on your timeline, not the bank’s foreclosure schedule.

Because selling a home while behind on payments can have significant legal and financial implications, acting quickly is crucial to avoiding foreclosure proceedings. The longer you wait, the more difficult it may be to sell the home and resolve your outstanding debts.

“I once had a homeowner contact me and say that she had over half a million dollars in equity, but the home went into foreclosure over a $5,000 default,” explains John Holmes, Realtor at Lawyers Realty Group. “Unfortunately, that homeowner called after the foreclosure was completed, and she lost the home and all the equity,”

Risks with Selling After Mortgage Default Without an Attorney/Realtor

If you don’t have the protections offered by an Attorney/Realtor, homeowners face the following risks:

Imminent loss of home to foreclosure if the legal/foreclosure process is not slowed or stopped.

Falling victim to fraudulent foreclosure avoidance schemes. These include predatory hard money loans, fraudulent loan mod services, useless and expensive filings or claims against the lender, and other bottom-feeding scams targeted at homeowners in default.

Low-ball offers from predatory investors based upon the risk of foreclosure.

Feeling rushed and frightened into making a bad decision.

Hiring a real estate agent who has no legal background or training.

An Attorney/Realtor can overcome these challenges and help homeowners facing even the most difficult real estate situations, including foreclosure postponement, clearing title problems (such as liens and encumbrances or lost ownership), removing squatters from the home, terminating pending sales contracts from vulture investors, stopping or unwinding HOA foreclosure, and prosecuting foreclosure scams.

By working with a skilled Attorney/Realtor from Lawyers Realty Group, you will have the advantage of securing state and federal legal protections that can significantly extend the early pre-foreclosure period and ensure that you receive the highest and best offer for your property.

At Lawyers Realty Group, we specialize in helping homeowners communicate effectively with their lenders and negotiating the most financially advantageous solution to their mortgage problems. If you are facing default or foreclosure, contact an Attorney/Realtor today at (949) 264-0966 to obtain a FREE legal analysis of ALL your options and secure the best possible financial outcome.

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CAN I SELL MY HOME IF I’M IN DEFAULT OR FACING FORECLOSURE?

Life sometimes brings unexpected challenges like job loss, medical bills, divorce or even death of a loved one. During these times, it may become difficult or impossible to keep up on certain financial obligations – the largest of which is a mortgage payment.

It is not uncommon to feel a sense of panic when you start to receive overdue notices from your mortgage company. At first, the process is slow because of various state and federal regulations on foreclosure. However, the pressure builds as the mortgage servicers make their way through the legal hurdles.

At some point you might ask — “Can I sell my home if I’m in default or facing foreclosure?”

The short answer is YES, you can sell your home while in default or facing foreclosure. In fact, selling is the best way to avoid a foreclosure.

However, this situation is more complicated than a traditional sale, and it requires extra care and attention. You will face complex legal issues, and you will need protection in the process. Experienced professional representation will make the difference between success and failure. A traditional real estate agent is NOT enough. To successfully navigate this complicated process, you will need the expertise of both a licensed Real Estate Attorney and a skilled Realtor. This type of comprehensive professional representation can become quite costly if you need to hire both an Attorney and a Realtor, but there are absolutely no out-of-pocket costs when you work with an Attorney/Realtor from Lawyers Realty Group. An Attorney/Realtor will help you address the legal obstacles and buy the time needed to sell for the best price available (with NO additional costs or fees).

“The best advice I can give to homeowners facing foreclosure is to act early and have legal counsel throughout the process,” Attorney Derik Lewis explains, “the foreclosure process can take 6 months or more, but waiting until the middle or end of the timeline is a recipe for disaster.”

If you’ve exhausted your options for working out an arrangement with your lender to stay in the property, then you need to act sooner rather than later to get the house sold.

“We have so many more tools at our disposal during the initial stages of default and foreclosure. We can use state and federal regulation implemented after the 2008 recession to slow the process and open opportunities.”

An Attorney/Realtor can overcome many challenges and help homeowners facing even the most difficult real estate situations, including foreclosure postponement, clearing title problems (such as liens and encumbrances or lost ownership), removing squatters from the home, terminating pending sales contracts, stopping or unwinding HOA foreclosure, and prosecuting foreclosure scams.

Our team at Lawyers Realty Group takes on complex mortgage problems that traditional Realtors and Attorneys are ill-equipped to handle. We know how to deal with mortgage servicers and aggressive lenders to achieve stellar results for our clients.

With an Attorney/Realtor, you can avoid the fear and uncertainty of the potential foreclosure and move forward confidently with the listing, marketing and sale of your home through Lawyers Realty Group.

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CAN I SELL MY HOME AFTER RECEIVING A FORECLOSURE NOTICE?

Yes! You remain the owner of the home despite the foreclosure process. Therefore, you have every legal right to list, market, and sell your home at any time. The only caveat to this is that with each notice you receive regarding the foreclosure, it gets harder to complete the sale. There are more hurdles to overcome, and the lender becomes more and more aggressive and less willing to work with you. Further, buyers may become unwilling to take the risk of buying a home in foreclosure. With this in mind, it is important to move forward quickly in order to ensure the best financial result from the sale of your home. Having an Attorney/Realtor handle your listing and sale will assist in overcoming the challenges stated above. The Attorney/Realtor can use legal tactics to delay the foreclosure while also reassuring the buyer that the sale will be successful (all without any additional costs or fees over the traditional commission).

If you are dealing with long-term financial challenges, selling the home once it is in foreclosure may be your best financial option. A sale will not only resolve the foreclosure, but it will also mitigate the effects on your credit rating as well as secure any remaining equity you may have and put that money in your pocket. Even if the value of the home is below the balance on the mortgage, selling the home via a short sale can be a financially advantageous option as it avoids the foreclosure and could result in a lump sum relocation payment to help you achieve a fresh start.

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BENEFITS OF SELLING YOUR HOME TO AVOID FORECLOSURE

In the face of financial hardship, the threat of losing your home to foreclosure can be overwhelming. However, selling your home before foreclosure can offer a lifeline, providing several benefits that can help you regain control of your financial future.

Some key advantages include:

Avoiding Foreclosure Damage: Foreclosure can wreak havoc on your credit score, making it difficult to secure loans or find affordable housing in the future. By selling your home before foreclosure, you can mitigate the damage to your credit and maintain more control over your financial reputation.

Preserving Equity: Selling your home allows you to preserve any equity you have built up. Foreclosure typically results in the loss of equity as the lender seizes the property to cover outstanding debts. By selling proactively, you can potentially walk away with some cash in hand rather than facing a complete loss. It’s important to remember that the longer you wait, the more penalties and back payments will eat into your equity.

Control Over the Sale: Foreclosure often involves a lengthy and uncertain legal process, during which you may have little control over the outcome. Selling your home on your own terms gives you greater control over the sale process, including the ability to negotiate terms and timelines that work for you.

Reducing Stress: The looming threat of foreclosure can take a significant toll on your mental and emotional well-being. Selling your home allows you to take proactive steps to resolve your financial situation, reducing stress and uncertainty for you and your family.

Avoiding Additional Costs: Foreclosure proceedings can come with a range of additional costs, including legal fees, court costs, and potential deficiency judgments. Selling your home can help you avoid these extra expenses, allowing you to redirect your resources toward rebuilding your financial stability.

Finding a Fresh Start: Selling your home can provide a fresh start, allowing you to move forward with your life without the burden of looming foreclosure. Whether you downsize to a more affordable property or explore new housing options, selling can help you transition to a more stable financial future.

Maintaining Privacy: Foreclosure proceedings are a matter of public record, which means your financial struggles become part of the public domain. Selling your home allows you to maintain greater privacy and dignity during a challenging time in your life.

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CAN I STOP A FORECLOSURE ONCE IT STARTS?

Foreclosure is a terrifying situation for homeowners who are struggling to make their mortgage payments. And once it begins, stopping foreclosure might seem like an impossible task. However, there are options available to homeowners to delay or even terminate the process entirely.

The most direct way to avoid foreclosure is to cure the default by paying the past due payments all at once. You have up until 5 business days prior to the foreclosure sale to do so. You also have the right to file for bankruptcy protection to stop a foreclosure and work out a short term repayment plan under Chapter 13 of the Bankruptcy Code. Obviously, these options require a significant amount of money to be repaid, either immediately or over a very short period.

In reality, the vast majority of homeowners who are facing foreclosure simply cannot afford to repay the lender the amounts due. For this reason, selling the home may be most financially advantageous way to permanently avoid a foreclosure. By selling the home, you are able to pay the full balance of the mortgage which stops further credit damage and allows you to start rebuilding your financial situation to be ready to buy another home.

Open communication with your lender is key to successfully avoiding a foreclosure on your home. However, you also need the advice and counsel of an Attorney/Realtor to navigate this critical stage of the foreclosure.

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CAN I SELL MY HOUSE IF I OWE MORE THAN IT IS WORTH?

If you owe more on your mortgage than the value of your home, you might be wondering if selling your house is even possible. Not only can you sell your home in this situation, but selling might be the best option to avoid negative credit implications and possible foreclosure. This type of sale is called a “short sale” and it requires your lender to reduce the loan balance so that the home can be sold. You should never use a traditional real estate agent to complete a short sale. Rather, you need the expertise and skill of an Attorney/Realtor. There is absolutely no cost to you for an Attorney/Realtor because the lender has to pay all the costs and fees in a short sale.

What is a “short sale” and does that apply to me?

When a homeowner owes more on their mortgage loan than the home is worth, a sale of the home cannot generate enough money to pay off the mortgage. In such a situation, lenders allow the homeowner to sell the home without having to pay the mortgage in full. This is known as a short sale. All the costs and fees of the sale must come from the lender who is not getting a full payment on the mortgage. This means they are “short” of a full payoff, hence the term “short sale.” Clearly, if there is no money to pay the mortgage in full, that means the homeowner is not able to get money from the sale. However, Lawyers Realty Group negotiates relocation money for the homeowner so that there is some financial help in moving forward.

Forgiveness of any remaining loan balance:

In a short sale, you can sell your home for less than the remaining balance on your mortgage. When handled properly by an experienced Attorney/Realtor, a short sale can put you in a more financially advantageous position and mitigate the impact on your credit score by avoiding a foreclosure. If the law is properly applied, you will not be obligated on any remaining loan balance, though there may be taxation implications.

Because these tax implications, as well as legal and contractual risks for a short sale, it is imperative that you have an Attorney/Realtor throughout the entire process. A traditional real estate agent is prohibited from even discussing the tax and legal ramifications of a short sale, leaving you vulnerable to continued financial obligations.

Before making any decisions, it is crucial to gather legal, financial, and real estate advice to ensure your financial interests are completely protected. At Lawyers Realty Group, our experienced Attorney/Realtor can provide insights tailored to your specific circumstances and help you navigate the complexities of selling a home when you owe more than it's worth. Call (949) 264-0966 today for a free legal analysis of your situation. There is absolutely no cost or obligation.

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CAN I SELL MY HOME IF IT NEEDS REPAIRS?

Selling a home that requires significant repair work might seem daunting, but with the assistance of an Attorney/Realtor, it can be very straight forward and simple. In fact, many homeowners find success in selling such properties by understanding the market dynamics, making strategic decisions, and effectively communicating with potential buyers.

You actually have a few options to deal with home repairs as part of the selling process:

Coordinate the repairs: Lawyers Realty Group has assisted with finding contractors and even providing financing to complete the work before listing the home for sale.

Sell AS IS without making repairs: Lawyers Realty Group can assist with all the proper disclosures so that you are protected from post-closing litigation.

Provide credits for the repairs: Lawyers Realty Group can properly disclose the issues and negotiate the amount of credit to offer the buyer

With more complex situations, you might require an attorney to draft disclosures and contract provisions which traditional real estate agents are prohibited from completing. With Lawyers Realty Group, you will get this legal work without any additional charge (it’s all included in the commissions already being paid).

An Attorney/Realtor can analyze the issues you face, such as the following:

Assess the Condition of Your Home: Before listing your home, conduct a thorough assessment of its condition. Identify areas that need repair or renovation, ranging from minor cosmetic upgrades to major structural issues. Consider hiring a professional home inspector to provide an objective evaluation. This inspection report can serve as a valuable resource during negotiations with potential buyers.

Set a Realistic Price: Pricing your home appropriately is crucial when selling a property that needs repairs. Be realistic about its condition and set a price that reflects both its current state and its potential value after renovations. Consider obtaining estimates from contractors for the necessary repair work. This information can help you determine a fair asking price and provide transparency to potential buyers.

Disclose Any Defects: Transparency is key when selling a home that requires repairs. Disclose all known defects and issues to potential buyers upfront, either through the listing description or during property viewings. Providing full disclosure builds trust with buyers and reduces the risk of legal disputes after the sale.

Consider Renovation Financing Options: Some buyers may be interested in purchasing your home with renovation financing options, such as FHA 203(k) loans or renovation mortgages. These programs allow buyers to finance both the purchase price and renovation costs in a single loan. Highlighting these financing options in your listing can attract buyers who are willing to invest in renovating the property.

If you are overwhelmed at the thought of selling a property in disrepair, Lawyers Realty Group can help. We can map out a game plan for you, free of charge, and provide you with the market knowledge and professional connections that will help maximize the value of the property no matter its current condition. Call us today at (949) 264-0966 for a free analysis of your situation. We will provide a tailored approach to your specific circumstances and market conditions. With the right strategy, you can turn your fixer-upper into a desirable property for potential buyers.

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CAN I SELL MY HOME IF IT IS IN PROBATE?

Although selling a home during probate can be a bit more complicated than a typical sale, it’s not only possible but sometimes preferrable so that the heirs do not inherit any potential problems with the real estate.

Probate is the legal process of distributing a deceased person's assets, including real estate, under the supervision of a court. When a home is in probate, the personal representative of the estate, who is appointed by the court to manage the estate, must follow probate court requirements to sell the home. In most cases, you'll need court approval to sell the property during probate. This typically involves filing a petition with the probate court and obtaining authorization to sell the home. The court will want to ensure that the sale is in the best interest of the estate and any heirs. You'll need to gather all relevant documents related to the property, including the deed, title, and any existing mortgage or liens. These documents will be necessary for the sale process and for providing information to potential buyers.

Throughout the process, it's essential that the representative of the estate communicates regularly with the probate court, heirs, and any other parties involved to ensure a smooth and legally compliant sale.

While this process may seem overwhelming, working with an Attorney/Realtor from Lawyers Realty Group can take the burden off of you. Call (949) 264-0966 today to receive a free legal analysis of your situation. We know how to navigate the complexities of selling a home during probate and provide all legal counseling services free of charge.

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CAN I SELL MY PARENTS' HOUSE IF THEY PASS WITHOUT A WILL?

Losing a parent is an especially painful experience, and navigating the legal and financial aspects that follow can add additional stress to a family already suffering from the loss. If your parent passed away without a will, you may be overwhelmed about the process involved in selling their house.

While the situation can be complex, having an Attorney/Realtor list, market and sell your parent’s home will give you the protection you need. The first step involves understanding the legal implications. When someone dies without a will, their estate will need to go through Probate (a court process to identify the assets and the heirs). This process ends in the distribution of deceased person's assets according to state laws.

Steps to Take When Selling a House Without a Will

1. Determine the Legal Heirs: In the absence of a will, the court will determine who inherits the deceased individual's assets based on intestate succession laws. Common heirs include the spouse, children, parents, and siblings.

2. Appoint an Administrator: The court will appoint an administrator, also known as an executor, to manage the deceased person's estate. This individual will be responsible for handling the sale of the house.

3. Obtain Letters of Administration: The administrator will need to obtain letters of administration from the court, granting them the authority to act on behalf of the estate. This document is typically required by real estate agents and potential buyers during the sales process.

4. Address Liens and Debts: Before selling the house, the administrator must settle any outstanding debts or liens against the property. This may involve paying off the mortgage, property taxes, or other obligations.

5. List the Property for Sale: Once the legal and financial matters are addressed, the administrator can list the house for sale with an Attorney/Realtor.

6. Proceed with the Sale: Once a buyer is found, the sale proceeds much like a standard real estate transaction. The administrator will sign the necessary paperwork on behalf of the estate, and the sale proceeds will be distributed according to intestate succession laws.

Navigating the sale of a parent's house without a will can be extremely complex and time consuming, especially if there are multiple heirs or other complicating factors involved. At Lawyers Realty Group, we provide guidance throughout the process of selling the home to ensure that all legal requirements are met and that the proceeds to the estate are maximized to the fullest. Call (949) 264-0966 to speak with an Attorney/Realtor free of charge. We will help you outline a course of action to help make the process of selling a home easier during a very difficult time.

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CAN I SELL MY HOME IF IT IS HELD IN A LIVING TRUST?

Yes, a home held in trust can be sold by the current trustee(s). Selling a home that is held in a living trust is a common question for those who have set up trusts to manage their assets or for those who have inherited those assets. A living trust, also known as a revocable trust, is a legal entity created to hold assets during a person's lifetime and to distribute those assets according to the terms of the trust upon their death.

Understanding Living Trusts

A living trust designates a trustee (often the trust creator or a successor trustee) who manages the trust assets, including real estate. Since the trust owns the home, not the individual, the trustee has the authority to handle all transactions related to the property, including selling it.

Steps to Sell a Home in a Living Trust

Identify the Trustee: The trustee must initiate and oversee the sale of the property. If you are the trustee, you will act on behalf of the trust. If you intend to sell real estate held in a trust, you will need the assistance of an Attorney/Realtor rather than a traditional real estate agent who is barred from addressing the legal issues you face.
Prepare for the Sale: Like any property sale, you need to prepare the home for listing and marketing. This includes completing necessary repairs, cleaning, and possibly staging the home.
Valuation and Pricing: Determine the market value of the home to set an appropriate selling price.

List the Property: Work with an Attorney/Realtor who has the legal and real estate experience to sell properties held in trusts.

Negotiate and Accept an Offer: Review offers with your Attorney/Realtor and negotiate terms as needed. Once an acceptable offer is made, the trustee can accept it on behalf of the trust.

Close the Sale: The closing process involves legal and financial procedures to transfer ownership from the trust to the buyer. The trustee will sign the necessary documents. Never sign anything without the advice of a real estate attorney.

There are numerous legal considerations that must be addressed in the course of selling a home held in a living trust. At Lawyers Realty Group, we offer free legal services as part of the listing and sale process to California homeowners in these situations. Call (949) 264-0966 today and speak with an Attorney/Realtor for free. You will receive a comprehensive review of the trust documents and a detailed understanding of any specific instructions or restrictions regarding the sale of trust assets as well as potential capital gains tax implications from the sale of the property. We will ensure compliance with legal requirements and facilitate a smooth transaction.

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CAN I SELL MY HOME IF I HAVE A REVERSE MORTGAGE?

Yes, you can sell your home if you have a reverse mortgage. However, selling a home with a reverse mortgage raises several complexities that need to be carefully navigated. A reverse mortgage allows homeowners aged 62 or older to borrow against the equity in their home without having to make any mortgage payments. The loan balance typically doesn’t need to be repaid until the homeowner sells, moves out permanently, or passes away. If you decide to sell your home before those events, the proceeds from the sale must first be used to pay off the reverse mortgage loan. Understanding this process and ensuring that all legal and financial aspects are handled properly is key to a successful sale.

With the extra issues involved in this type of sale, it is imperative that you engage an experienced Attorney/Realtor to list, market, and sell your home. A traditional real estate agent is simply not equipped to handle the complex issues raised by the termination of a reverse mortgage and the sale of the home. There is no extra cost for an Attorney/Realtor above the real estate commission, so there is no reason to lose out on the extra protections you would receive.

Benefits of Having a Realtor Who Is Also a Real Estate Attorney

Having a Realtor who is also a real estate attorney offers significant advantages when selling a home with a reverse mortgage lien. You will have both legal and real estate expertise on your side (at NO extra cost whatsoever), streamlining the transaction and offering an extra layer of protection. Here's why that’s beneficial:

Expertise in Real Estate Law and Contracts: An Attorney/Realtor can handle the complexities of the legal documents that accompany the sale of a home with a reverse mortgage. These include contracts, lien releases, and negotiations with the lender. A traditional real estate agent is PROHIBITED from addressing these issues or drafting specific provisions (they are limited to using pre-printed forms from their association).

Guidance Through Complex Lender Requirements: Working with a reverse mortgage lender can be time-consuming and intricate. An Attorney/Realtor can navigate the legal aspects of dealing with the lender, such as interpreting payoff statements, ensuring compliance with loan terms, and addressing any potential disputes that may arise during the closing process.

Avoiding Legal Pitfalls: Selling a home with a reverse mortgage involves unique legal considerations that a typical real estate agent cannot fully understand. Having an Attorney/Realtor with extensive real estate expertise helps ensure that all necessary legal procedures are followed correctly, reducing the risk of future disputes with the lender or buyers. Only an Attorney/Realtor is legally authorized to identify and address potential legal issues and ensure that your interests are fully protected.

Simplified Closing Process: Closing on a home with a reverse mortgage can be more complicated due to the reverse mortgage lien (and possible HUD duplicate lien) that must be cleared. An Attorney/Realtor can oversee this process, ensuring that all lender requirements are met, the payoff is handled correctly, and the closing proceeds smoothly without delays or legal disputes.

What if the Reverse Mortgage is owed more than the Value of the Home?

You might find that your reverse mortgage balance is higher than the value of the home. Nevertheless, working with an Attorney/Realtor will still allow you to sell the home and rid yourself of the mortgage liability. This situation is called a “short sale.” Despite some common misconceptions, you can complete a short sale even with a reverse mortgage.

Not only can you sell your home in this situation, but selling might be the best option to avoid negative credit implications and possible foreclosure.

A “short sale” requires your lender to reduce the loan balance so that the home can be sold. You should never use a traditional real estate agent to complete a short sale. Rather, you need the expertise and skill of an Attorney/Realtor. Having an Attorney/Realtor negotiate a short sale on your behalf ensures that your rights are protected and that the lender agrees to favorable terms. In these cases, legal expertise is particularly important to avoid negative financial consequences.

Take the Time to Speak with an Attorney/Realtor before Taking Any Action on Your Reverse Mortgage.

Before making any decisions, it is crucial to gather legal, financial, and real estate advice to ensure your financial interests are completely protected. Selling a home with a reverse mortgage is entirely possible, but it involves unique challenges that require careful attention and management. At Lawyers Realty Group, our experienced Attorney/Realtor can provide insights tailored to your specific circumstances and help you navigate the complexities of selling your home. Call (949) 264-0966 today for a free legal analysis of your situation. There is absolutely no cost or obligation.

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CAN I SELL A HOME I INHERITED WITH A REVERSE MORTGAGE?

Yes, you can sell a home you inherited with a reverse mortgage. However, selling a home with a reverse mortgage raises several complexities that need to be carefully navigated. Further, you may have probate or trust issues to address as well.

A reverse mortgage allows homeowners aged 62 or older to borrow against the equity in their home without having to make any mortgage payments. The loan balance typically doesn’t need to be repaid until the homeowner sells, moves out permanently, or passes away. If you have inherited a home with a reverse mortgage on title, you will need to either refinance the reverse mortgage (to keep the home) or list, market and sell the home to pay off the reverse mortgage. Understanding this process and ensuring that all legal and financial aspects are handled properly is key to a successful sale.

With the extra issues involved in this type of sale, it is imperative that you engage an experienced Attorney/Realtor to list, market, and sell the home. A traditional real estate agent is simply not equipped to handle the complex issues raised by the termination of a reverse mortgage and the sale of the home. There is no extra cost for an Attorney/Realtor above the real estate commission, so there is no reason to lose out on the extra protections you would receive.

Benefits of Having a Realtor Who Is Also a Real Estate Attorney

Expertise in Real Estate Law and Contracts: An Attorney/Realtor can handle the complexities of the legal documents that accompany the sale of a home with a reverse mortgage. These include contracts, lien releases, and negotiations with the lender. A traditional real estate agent is PROHIBITED from addressing these issues or drafting specific provisions (they are limited to using pre-printed forms from their association).

Guidance Through Complex Lender Requirements: Working with a reverse mortgage lender can be time-consuming and intricate. An Attorney/Realtor can navigate the legal aspects of dealing with the lender, such as interpreting payoff statements, ensuring compliance with loan terms, and addressing any potential disputes that may arise during the closing process.

Avoiding Legal Pitfalls: Selling a home with a reverse mortgage involves unique legal considerations that a typical real estate agent cannot fully understand. Having an Attorney/Realtor with extensive real estate expertise helps ensure that all necessary legal procedures are followed correctly, reducing the risk of future disputes with the lender or buyers. Only an Attorney/Realtor is legally authorized to identify and address potential legal issues and ensure that your interests are fully protected.

Simplified Closing Process: Closing on a home with a reverse mortgage can be more complicated due to the reverse mortgage lien (and possible HUD duplicate lien) that must be cleared. An Attorney/Realtor can oversee this process, ensuring that all lender requirements are met, the payoff is handled correctly, and the closing proceeds smoothly without delays or legal disputes.

What if the Reverse Mortgage is owed more than the Value of the Home?

You might find that the reverse mortgage balance is higher than the value of the home. Nevertheless, working with an Attorney/Realtor will still allow you to sell the home and rid yourself of the mortgage liability. This situation is called a “short sale.” Despite some common misconceptions, you can complete a short sale even with a reverse mortgage.

A “short sale” requires the lender to reduce the loan balance so that the home can be sold. You should never use a traditional real estate agent to complete a short sale. Rather, you need the expertise and skill of an Attorney/Realtor. Having an Attorney/Realtor negotiate a short sale on your behalf ensures that your rights are protected and that the lender agrees to favorable terms. In these cases, legal expertise is particularly important to avoid negative financial consequences.

Take the Time to Speak with an Attorney/Realtor before Taking Any Action on Your Reverse Mortgage.

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CAN I SELL MY HOME IF I’M BEHIND ON PROPERTY TAXES?

Yes, with the help of an Attorney/Realtor, you can certainly sell your home even if you are behind on property taxes. Being behind on property taxes can be exceedingly stressful for homeowners. However, you still have options, including selling your home. In this situation, there are several important steps you must take:

1. Assess Your Situation: Begin by understanding the extent of your property tax delinquency. How much do you owe, and how far behind are you? Evaluate your financial situation to determine if selling your home is the best option for you at this time.

2. Consult an experienced Attorney/Realtor: Reach out to an Attorney/Realtor who has experience with selling properties with tax issues. They can provide valuable insights into the local market and help you navigate the selling process effectively.

3. Communicate with Tax Authorities: Effective communication with your local tax authority is crucial. They may be willing to work with you on a payment plan or other solutions. Inquire about any available assistance programs or options for homeowners in financial distress.

4. Understand the Implications: Selling a home with outstanding property taxes can impact the sale process and potentially the sale price. Buyers may be wary of purchasing a property with tax liens, so be prepared for negotiations and possibly lower offers.

5. Consider a Short Sale or Other Options: Depending on your situation, a short sale might be a viable solution. This involves selling the property for less than what is owed on the mortgage and using the proceeds to settle debts. Explore other alternatives, such as refinancing or loan modification, if selling isn't your preferred option.

While being behind on property taxes can complicate the process, it's important to know that selling your home is still a viable option. At Lawyers Realty Group, we specialize in getting property tax liens removed and clearing the way for homeowners to profit from the sale of their homes. Our team can provide the necessary real estate and legal know-how to navigate the process smoothly. Call and speak to an Attorney/Realtor today at (949) 264-0966. You will receive a free, comprehensive legal analysis of your situation and a plan for getting out from under your tax burden and regaining your financial independence.

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CAN I SELL MY HOME IF I HAVE IRS OR FTB TAX LIENS?

Yes, you can absolutely sell your home even if you have tax liens. However, there are some important things to consider and steps you need to take in order to successfully complete the sale.

First, it's crucial to understand the extent of the tax liens on your property. The IRS and the FTB place liens on property when taxpayers fail to pay their taxes. These liens give the government a legal claim to your property as security for the tax debt. You need to determine the exact amount of the tax liens against your property, including the principal amount owed, plus any interest and penalties that have accrued. Basically, these tax liens will be paid off at the closing of the sale just like a mortgage.

Because selling a home with tax liens can be complicated, it is wise to seek the assistance of an Attorney/Realtor who can help you navigate the process and ensure that all legal requirements are met. In many cases, it may be possible to negotiate with the IRS and the FTB to release the tax lien or to accept a partial payment in exchange for releasing the lien. At Lawyers Realty Group, we have successfully negotiated on behalf of hundreds of homeowners to free them from their tax burden, facilitate the sale of their homes, and help them move forward with a clean slate.

Call (949) 264-0966 today and speak with an Attorney/Realtor free of charge. We will help you gain a clear understanding of the liens on your property, and, with your authorization, we will contact the IRS or FTB on your behalf and work to ensure a successful sale of your home.

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CAN I SELL MY HOME IF IT IS TENANT OCCUPIED?

Yes, you can sell your home if it is occupied by a tenant. However, selling a home in this situation can be a daunting task. You will need the help of an Attorney/Realtor rather than a traditional real estate agent. Homeowners often wonder about their options and the potential hurdles they might face in this situation. So, let's explore the issues involved.

Understanding Tenant Rights: One of the first considerations when selling a tenant-occupied property is understanding the rights of the tenants. In most cases, tenants have certain rights regarding their lease agreements and the sale of the property. It's essential to familiarize yourself with these rights to ensure a smooth selling process.

Legal Considerations: Before putting your tenant-occupied home on the market, it's crucial to consult with an Attorney/Realtor to be sure you are in compliance with the local and state laws. There may be specific laws and regulations within the city or even the neighborhood regarding notice and no-fault termination of the lease. Understanding these legal considerations will help you navigate the process and avoid any potential pitfalls and liabilities.

Communicating with Tenants: Open and transparent communication with your tenants is key when selling a property. Inform them of your intention to sell as early as possible and discuss how the process will affect them. Clear communication can help minimize disruptions and foster a positive relationship throughout the selling process.

Timing the Sale: Timing is another important factor to consider when selling a tenant-occupied home. While it's possible to sell a property with tenants in place, you'll need to coordinate showings and open houses with their schedules. Flexibility and cooperation from both parties can ensure a much smoother selling process.

Negotiating with Buyers: The presence of tenants can sometimes deter potential buyers or affect negotiations. You must be prepared to address any concerns or objections related to tenant occupancy during the negotiation process. Offering incentives or solutions, such as transferring existing leases, can help alleviate buyer concerns.

Possibility of an Eviction: If your tenant refuses to follow the law or to cooperate with your efforts to sell the home, an Attorney/Realtor can assist in coordinating an eviction action. You will need someone to interact with eviction counsel and the courts to make certain the process moves as quickly as possible.

It is easy for homeowners to become overwhelmed at the prospect of handling this process all on their own. At Lawyers Realty Group, we can help you navigate the complexities of selling a property that is tenant occupied and ensure that you are fully protected, both legally and financially. Call us today at (949) 264-0966 and speak with an experienced Attorney/Realtor free of charge. We will provide a legal analysis all of your options without any cost or obligation.

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WHAT IS AN “ATTORNEY/REALTOR” AND WHY DO YOU NEED ONE?

Prior to 2008, it was nearly impossible to have an attorney represent you in the sale of your home due to the prohibitively high cost of hiring both a real estate agent AND a real estate attorney. In the increasingly complex world of California real estate, more people are in need of legal advice and representation, but few can afford it. Until now.

There is now a way to get FREE legal representation in California real estate transactions. The Attorney/Realtor business model at Lawyers Realty Group combines the legal knowledge of an attorney with the real estate skills of a licensed Realtor with no extra costs or fees.

Lawyers Realty Group was established during the Great Recession in order to provide a higher level of professional representation for homeowners in difficult situations. During the mortgage and foreclosure crisis, Lawyers Realty Group helped countless homeowners navigate extremely difficult mortgage situations.

Previously, you would have needed to hire a real estate attorney to explain or draft legal provisions which a real estate agent is prohibited from even discussing. By hiring an Attorney/Realtor from Lawyers Realty Group to list, market and sell your home, you are getting all the legal representation needed without any additional charges. This approach provides the absolute highest level of knowledge, skill and experience for your transaction and all for the same commission paid to a real estate agent.

By combining expert legal representation with comprehensive real estate transactional services, homeowners receive the highest level of service and protection when compared to traditional real estate agents – and we only charge a traditional real estate commission.

Bottom Line – If You’re In Danger Of Foreclosure For Any Reason, Don’t Wait. Act Now!

Real estate transactions in California can get very complicated, but even more so when you are facing default or foreclosure. At Lawyers Realty Group, we believe that every California homeowner deserves the professional representation of a skilled real estate attorney (with no extra costs or fees) as well as the know-how of an experienced Realtor to coordinate the sale of their home. In California’s high-stakes housing market, no one should have to navigate these complicated transactions and risk liability without having an Attorney/Realtor by their side.

Don’t panic or ignore the foreclosure until the last minute. You have options, some of which can help preserve your credit score and shorten the waiting period before you can buy another home. Facing the situation head on increases your chances of selling the house while it’s still rightfully in your possession.

Whether You Have Equity Or Are Contemplating A Short Sale, You Need An Attorney/Realtor To Fully Protect Your Financial Interests.

For those homeowners with significant equity in their home while facing foreclosure, an Attorney/Realtor has the legal expertise to postpone or cancel the foreclosure auction while simultaneously fast-tracking the listing and sale of the property for the highest and best price.

In a situation where you owe more on the home than it is worth, working with an Attorney/Realtor can help you navigate the complex short sale process to avoid all mortgage liability while negotiating relocation money to help you achieve a fresh start.

Contact Lawyers Realty Group Today at (949) 264-0966

Don’t let anyone pressure you into listing or selling your home without talking to an attorney first. Never let anyone pressure you into signing ANYTHING you don’t understand or that you can’t afford. Speak with an attorney immediately before you sign anything.

Reach out to our expert Attorney/Realtor today at (949) 264-0966 for a free legal analysis of all of your options. We will outline your best course of action without any cost or obligation.