Real Estate Law

We provide our clients with quality legal counsel for their legal matters.

Santa Maria Real Estate Attorney

Over 30 Years of Legal Experience

When involved in any real estate transaction, you will need professional and capable legal support to facilitate the timely completion of the deal. You will also need experienced guidance to ensure that your interests are protected.

Our Santa Maria real estate lawyer at the Law Offices of R. Morgan Holland, L.C. can serve as your advocate in many types of purchase and sale transactions. We can also help you avoid or stop foreclosure should you fall behind on your mortgage.

If you need assistance with a real estate transaction, request a case evaluation by calling (805) 762-4465 or contacting us online today!

Our Purchase and Sale Transactional Services

Whether you are looking to buy or sell property, our team can assist you through each stage of a real estate transaction. We are familiar with many of the challenges and obstacles that can arise before a deal closes and can help you avoid common mistakes.

During the purchase and sale process, our Santa Maria real estate attorney can assist you in handling:

  • Document preparation and review. Completing any real estate deal will require extensive legal documentation to protect your interests. We can assist in the writing, negotiation, and finalization of all paperwork necessary to close a purchase or sale.
  • Title searches and title insurance policy drafting. We can help ensure that a property has a clear title in advance of a purchase or sale. We will perform due diligence and flag any claims or violations. We can then draft and finalize a title insurance policy that will protect your interests.
  • Transfer of funds. When the deal is ready to be closed, we can assist in the safe transfer of funds from one party to the other. For financed properties, we can manage and file all necessary transfer of funds paperwork for the buyer’s lender and all other documentation required under the law.
  • Dispute resolution. Real estate disputes can arise when there are chain of title issues, lot line or zoning problems, or other contractual conflicts. We rely on our decades of experience and accomplished negotiating ability to quickly overcome obstacles and resolve disputes that would otherwise imperil a deal.

Foreclosure Avoidance and Defense

Falling behind on your mortgage can be extremely stressful, especially if your lender begins to threaten foreclosure. It is important to understand your rights as a borrower in these situations. In California, lenders can only initiate foreclosure proceedings once your mortgage has not been current for at least 120 days.

The fortunate reality is that, in many cases, lending institutions do not want to go through the expensive and time-consuming process of foreclosing your home. California law requires that lenders help borrowers evaluate foreclosure alternatives prior to initiating the process. We can assess your situation and determine what options and types of relief may be available to you.

We can help you explore many foreclosure alternatives, including:

  • Reinstatement. In the state of California, you have the legal right to stop foreclosure proceedings by paying all overdue mortgage debt and “reinstating” your mortgage. This means you must pay all missed payments plus any accrued interest or late fees. So long as payment is facilitated at least 5 days before a scheduled public auction, the foreclosure will be canceled, and you will resume your regular mortgage payments.
  • Short sales. In some situations, you may be able to facilitate a short sale if your home’s current market value is less than the value of your outstanding mortgage balance and you are unable to continue paying your current mortgage rate. In selling your home, you can negotiate a release from all liabilities that currently encumber the property.
  • Refinancing. If you have considerable equity in your current home and current interest rates are favorable, you may be able to replace your current mortgage with a new loan agreement with more favorable terms.
  • Loan modifications. If you are struggling to keep up with current mortgage payments, you may be able to negotiate one or more modifications to your loan agreement that can help you avoid foreclosure. This might include extending your mortgage period (resulting in smaller monthly installments), repositioning some principal on the “back” of your loan, or securing more favorable interest rates.
  • Deed in lieu of foreclosure. This process involves voluntarily departing a property in danger of default or foreclosure, or “walking away,” by directly transferring the deed of ownership to your lender. This can be a viable strategy if you are comfortable leaving your home and there are not already any judgments or liens on the property.

We Can Help You Explore Foreclosure Alternatives

  • Reinstatement. In the state of California, you have the legal right to stop foreclosure proceedings by paying all overdue mortgage debt and “reinstating” your mortgage. This means you must pay all missed payments plus any accrued interest or late fees. So long as payment is facilitated at least 5 days before a scheduled public auction, the foreclosure will be canceled, and you will resume your regular mortgage payments.
  • Short sales. In some situations, you may be able to facilitate a short sale if your home’s current market value is less than the value of your outstanding mortgage balance and you are unable to continue paying your current mortgage rate. In selling your home, you can negotiate a release from all liabilities that currently encumber the property.
  • Refinancing. If you have considerable equity in your current home and current interest rates are favorable, you may be able to replace your current mortgage with a new loan agreement with more favorable terms.
  • Loan modifications. If you are struggling to keep up with current mortgage payments, you may be able to negotiate one or more modifications to your loan agreement that can help you avoid foreclosure. This might include extending your mortgage period (resulting in smaller monthly installments), repositioning some principal on the “back” of your loan, or securing more favorable interest rates.
  • Deed in lieu of foreclosure. This process involves voluntarily departing a property in danger of default or foreclosure, or “walking away,” by directly transferring the deed of ownership to your lender. This can be a viable strategy if you are comfortable leaving your home and there are not already any judgments or liens on the property.
Schedule Your Thorough Case Analysis Today

We can accurately assess and evaluate your legal matter and provide you with solutions.

Many Homeowners Can Leverage Filing for Bankruptcy to Stop Foreclosure

When you file for Chapter 7 bankruptcy, you will immediately benefit from the automatic stay, a court order that halts foreclosures and all other collections actions. This freeze on foreclosure will remain in place until your bankruptcy filing has concluded.

While bankruptcy does not allow you to discharge mortgage-related debt, it does allow you to cancel many types of unsecured debt, including medical debt and credit card bills. In discharging these debts, you may be able to redirect funds to catch up on your mortgage. Though Chapter 7 bankruptcy does involve a liquidation process, many filers can protect their homes using the state’s homestead exemption. Should you choose to pursue this option, we can help you make the most of state or federal exemptions and safeguard your property.

Our Santa Maria real estate attorney at the Law Offices of R. Morgan Holland, L.C. is prepared to do whatever it takes to help you avoid foreclosure and protect your real estate property. We can leverage our decades of experience to negotiate directly with your lender and identify potential avenues of relief. Should your lender prove uncooperative, we can work directly with you to develop a sustainable strategy that will protect your interests.

We regularly assist clients with foreclosure avoidance and other matters of real estate law in San Luis Obispo and Santa Maria. Call (805) 762-4465 or contact us online to request an initial consultation.

“I just can’t thank you enough for helping.”

- Sheela R.