Non-Citizens and Land Ownership

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 Can Non-Citizens Own Land Or Property?

In immigration law, a non-citizen is someone who is not a member of a state, nor owes allegiance to the state in which they currently reside. According to Article 1 of the UN Declaration on the Human Rights of Individuals who are not Nationals of the Country in which They Live (1985), a non-citizen is defined as “any individual who is not a national of a State in which he or she is present.”

Regulation of land ownership rights for non-U.S. citizens is generally reserved for the states. In general, non-nationals are allowed to purchase, convey, devise, and own real property. While the specific details of transactions may vary from state to state, most purchases of real estate by non-citizens are completed through cash instead of loans.

There are some specific requirements that must be met if a non-citizen is attempting to secure the home through a loan or mortgage. Most mortgage companies require evidence of a permanent resident card, also known as a Green Card, along with a social security number. Alternatively, they may require evidence of temporary resident status, as well as a work permit, and a valid social security number.

These documents reassure the lender that the borrower has sufficient income to maintain the loan payments. Additionally, some lenders may require that the non-citizen:

  • Has resided in the U.S. continuously for the past 2 years before the application;
  • Has a good credit history; and
  • Has a steady employment arrangement. Additionally, the mortgage lender may be required to research this information according to laws such as the Patriot Act.

In the name of national security, the Patriot Act was passed to further the “war on terrorism.” In a general sense, it gives the Executive Branch broad powers to investigate possible criminal activity. More specifically, the Act does the following:

  • Expanded Protections Against Domestic Terrorism: This gives greater ability for policing authorities to wiretap, survey, harass, and keep track of political advocacy groups;
  • Expanded Access To “Secret Information:” Gives greater ability for police authorities to conduct secret searches, maintain phone and Internet surveillance, and view medical, financial, mental health, and student records with minimal judicial oversight;
  • “Intelligence Purpose Investigations:” This gives high-level police authorities the ability to investigate criminal matters without probable cause if the investigation is for “intelligence purposes;” and
  • Detention Or Non-Admittance of Terrorism Suspects: Gives police authorities the ability to detain or jail suspected terrorists or terrorist associates who are entering into or already present in the US for up to six months without judicial review.

There are a considerable number of constitutional rights that the Patriot Act is arguably violating. As such, an increasing number of advocacy groups are protesting the Act. The following rights are presently affected by the Patriot Act:

  • First Amendment Rights: Freedoms of religion, speech, assembly, and the press;
  • Fourth Amendment Rights: Freedom from unreasonable searches and seizure;
  • Fifth Amendment Rights: Freedoms of life, liberty, and due process of law;
  • Sixth Amendment Rights: Rights of a speedy public trial, an unbiased jury, the assistance of counsel, confrontation of witnesses, and to be informed of the accusations against you;
  • Eighth Amendment Rights: Rights against excessive bail, as well as cruel and unusual punishment; and
  • Fourteenth Amendment Rights: Right of due process and equal protection under the law.

What Are Consumer Rights In Home Purchases?

When purchasing real estate, such as a home, important protective measures are in place to give you rights as a buyer. These are known as consumer rights, and various consumer protection laws provide them.

Without these rights, you would be exposed to many risks and uncertainties associated with that property. Consumer protection laws help you as a homebuyer avoid those risks and uncertainties, such as requiring sellers to comply with specific legal standards and providing homebuyers with legal options when sellers fail to do so.

Some specific examples of these rights include the right to:

  • Learn more about a real estate agent’s relationship to the seller, as well as to the property itself;
  • Choose and interview real estate brokers, lenders, appraisers, and home inspectors;
  • Negotiate for the price of the home, to make repairs on the home, or to build a new home altogether;
  • Use purchase agreements or contracts when accepting an offer on the property;
  • Approve or disapprove the property based on the physical condition of the home;
  • Perform tests or evaluations to discover structural or environmental defects in the home;
  • Revoke the offer during the escrow period;
  • Obtain a copy of any documents that are signed in connection with the purchase of the home, as well as have those documents explained to them by a professional;
  • Have any documents associated with the home purchase reviewed by a lawyer; and
  • Move into the home once all contractual obligations have been met and fully satisfied by the parties.

What If There Is A Dispute Over Non-Citizen Land Ownership?

Non-citizens, especially permanent residents, are generally entitled to many consumer rights in home purchases previously discussed. Property disputes should not produce any additional legal hassles for non-residents who are validly in the U.S.

However, if they are in the country illegally, a property dispute may lead to a disclosure of their illegal status. An example of this would be how the property dispute may lead to an investigation regarding the person’s background, which could result in deportation or being prohibited from entering the country if they leave.

Sellers should ensure that they do not violate the consumer rights of a homebuyer during the home purchasing process, as this can result in various legal repercussions. The types of remedies that a homebuyer can recover will vary by state and by the kind of violation that occurred. However, a homebuyer should generally take the following steps if they believe that their consumer rights have been violated during a home purchase transaction:

  • Keep a personal written account of the circumstances leading up to the violation and a short description of the events. An example of this would be how if the seller refused to hand over copies of signed documents. The homebuyer should note that along with a description of which documents, the date, and the time of the seller’s refusal;
  • Keep and make copies of any important documents that are associated with the home purchase transaction, especially signed documents, contracts or agreements, and documents that have been negotiated and reviewed by both parties; and
  • Gather as much information as possible, such as real estate licenses, certificates, witness statements, or testimonial statements from all parties involved in the transaction.

These three steps will help prepare the homebuyer if they need to file a lawsuit against any of the parties involved in the transaction, as many of the items are things that can be used as evidence during court proceedings. These documents will likely be requested by an opposing party or the homebuyer’s lawyer for review purposes.

Do I Need A Lawyer For Help With Land Or Property Ownership As A Non-Citizen?

If you have any questions regarding the land ownership rights of non-citizens, you should consult with a real estate lawyer. An experienced attorney in your area can research the laws to ensure that you qualify for home purchase and ownership, and will also be able to represent you in court, as needed, should any lawsuits arise.

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