A real estate claim can be filed with a court of law in order to settle any disputes, conflicts, or mistakes regarding real estate property. The filing must usually occur in the jurisdiction where the property is located. Real estate claims can sometimes take a long time to fully resolve, depending on the type of claim and the number of parties involved.
Also, many different parties can be involved in a real estate claim, including: the property owner; lenders and borrowers in a loan agreement; state or local government bodies; property appraisers; and various mortgage personnel.
What are the Legal Issues Involved in Real Estate Claims?
Real estate claims can involve any number of different legal issues, such as:
- Purchase and sale of a residence
- Lien disputes
- Various living agreements and real estate contracts
- Mortgage disputes
- Various forms of real estate fraud
Real estate claims can also involve specific issues such as refinancing, interest rates, or late payments. They can also involve broader issues like city zoning or land use.
Who Can File a Real Estate Claim?
There are few restrictions when it comes to filing a real estate claim. Basically, anyone with a valid legal claim can file a real estate lawsuit. However, with the recent surge in mortgage and foreclosure claims, some persons have been filing lawsuits simply to avoid foreclosure.
These are known as “frivolous lawsuits”, as they have no merit and have little chance of succeeding. They are filed for the sole purpose of delaying foreclosure. Such claims are not allowed by the courts and will usually be rejected at the outset. Also, the person filing the frivolous claim can possibly face court sanctions as well.
In many real estate claims, the legal remedy will be a damages award. However, in cases where a homeowner is insolvent (without money), another remedy may be a foreclosure sale wherein the proceeds of the sale go to the mortgage lender. Various defenses may also be available in a real estate claim.
Do I Need a Lawyer for Help Filing a Real Estate Claim?
Any claim involving real estate usually requires the assistance of a qualified real estate lawyer. If you have any questions, concerns, or disputes over a real estate issue, you may wish to hire an experienced lawyer in your area. Your lawyer can assist you in filing your claim, and can explain the real estate laws in your area. Also, your attorney can provide you with legal representation as your claim progresses through the court system.