As a real estate attorney, it’s your job to help your clients with problems related to buying and selling a home (or commercial property.) As a real estate attorney, you may also help people applying for apartments and those affected by eviction or foreclosure. Real estate attorneys may also have specialized practices – such as a zoning attorney (dealing with zoning permits and land use) or real estate litigation lawyers, which handle civil litigation suits relating to real estate law. Here are some of the issues on which you – as a real estate lawyer – can advocate for your clients:
Issues Related to Fair Housing
The federal Fair Housing Act states that those selling or renting homes cannot discriminate against prospective buyers or tenants due to criteria based on race or ethnicity. The same prohibition extends to refusing housing based on sexual orientation, age, disability, or type of family. Another example of discrimination would be to refuse housing to a family solely because they have young children. If you get a client who feels they were refused housing due to one of those criteria, you can help them by utilizing the Fair Housing Act.
If a client has been turned down for housing, you should ask the landlord or real estate agent why. There are some legal reasons why a landlord can deny someone housing, including a poor credit rating. It is interesting to learn that over 1/3 of someone’s credit score depends on the rate at which they pay their bills. Since bill paying composes such a significant part of the credit score, it may be easier to understand why it is legal to reduce housing for applicants with bad credit scores.
Issues Related to Eviction
There are only four legal reasons landlords are permitted to evict tenants, although some states impose additional procedures for eviction. For example, according to New York State law, a landlord must file a court motion to evict a tenant. If a tenant remains in the dwelling after their lease has expired, they can be evicted. Breaking one of the agreements in the lease (like causing severe damage to the unit) can also be a legal cause for eviction.
Tenants who are found guilty of drug dealing can be legally evicted from their apartments at an expedited rate. The most common legal reason is not paying the rent for an extended period. If the tenant who hasn’t paid the rent has declared bankruptcy, it may be able to halt the eviction process. You may be interested to learn that, according to Debt.org, the typical person who files for bankruptcy earns less than $30,000 annually.
Issues Related to Foreclosure
If the mortgage company is bringing foreclosure action against someone’s home, you may be able to help them. You can help your client halt a foreclosure if the homeowner has a defense against it. For example, if the client can prove that the person who served the foreclosure notice didn’t do so according to legal procedures. You can also halt a foreclosure if you prove that the foreclosing party doesn’t own the mortgage loan.
Each foreclosure defense is unique, so your role as a real estate attorney is vital. Rules of evidence for foreclosures are particular and can become complicated. If you don’t have specific foreclosure experience, you may collaborate with a foreclosure lawyer.
Housing is an essential need for everyone, and – as a real estate lawyer, you can help people fight for their rights to acquire it. You can help a client who has been unfairly denied housing. Clients who are trying to protest an eviction can also seek your help. Lastly, clients at risk of foreclosure can also benefit from your assistance. When you do your best to serve your clients with these issues, you can feel sure you’re doing something that makes a real difference.
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