The purchase and sale of property can be a complicated process for which most people are underprepared. Whether you’re a buyer or seller, financier or investor, landlord or tenant, a real estate law firm can help you navigate through it and protect your interests.
A real estate attorney is typically hired to ensure that proper procedures are followed during the acquisition and sale of property. They assist clients with preparing and reviewing documents relating to purchase agreements, and with mortgage, title, and transfer documents. They also accompany clients at closing to ensure that the transaction is legal, binding, and in the clients’ best interest.
But there are many other situations that a real estate attorney can help with. Atlas Law Group is a leading real estate law firm in Mississauga and Greater Toronto. We offer a variety of services related to real estate law. Here are 6 situations we can help you with:
Foreclosures are complicated. When a bank or mortgage company is proceeding with a foreclosure, they’re usually represented by a foreclosure attorney, while the homeowner is often left to represent themselves. If your bank or mortgage company is trying to foreclose on your home, hiring a foreclosure defense attorney can help you navigate your options. Whether you want to challenge the bank’s right to foreclose or pursue potential loan modification programs, a real estate lawyer can help.
A real estate attorney can help lenders enforce the terms of a loan that is in default or otherwise violated. They will inform the lender of all legal options for enforcing the loan, and guide them through the process. From document review and preparation to negotiation, litigation, and post-judgment collection, hiring a real estate attorney is the lender's best hope for a smooth process and successful outcome.
Real estate agreements are complex contracts that sometimes result in disputes or breaches. In the event of a breach of contract, a real estate attorney can help you pursue equitable remedies in the form of specific performance, restitution, and injunction.
Specific performance is when the breaching party is ordered by the court to carry out a specific contractual act. Restitution usually takes the form of the non-breaching party being compensated for any lost time or money. Injunctions are imposed upon breaching parties to stop them from doing something.
A court judgment is simply a ruling that the judgment debtor owes the judgment creditor a specified sum of money. The court, however, does not compel these payments. A real estate law firm assists in the post-judgment collection process. They will inform you of your debt collection options—negotiation, seizure, garnishments, or obtaining a writ—and pursue the debt collection on your behalf.
Garnishments are a post-judgment mechanism for forcing payment of a debt through a third party, and usually take the form of garnished wages. A portion of the debtor’s wages is deducted from their paycheck until the debt is paid. Pursuing debt collection through garnishments is complex, but an attorney can ensure that all the correct protocols are followed.
When the court issues a writ of enforcement on a piece of property, the writ on title must be registered to the property. This ensures the writ holder’s interest in the property and protects against any other party claiming an interest. Land title writs often allow for a forced sale of the property, and the writ holder is paid out from any proceeds. Whether you need help securing your interest in a property or need to have a land title writ discharged, a real estate attorney can help navigate the process and prevent any further legal issues.
Whether you need a real estate attorney to guide you through the home-buying process or find yourself in one of the more complex situations above, Atlas Law Group is ready to help. With locations in Mississauga, Ottawa, and Toronto, we’re equipped to serve clients throughout Ontario.
Contact us today for a consultation!