6 Best Lake Charles, LA Real Estate Attorneys | Expertise.com (2024)

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FAQs

• What is the non-emergency contact number for the local police station in Lake Charles, Louisiana?

  337-491-1456 is the non-emergency contact number for the local police station in Lake Charles.

• Where can I get a copy of police reports for incidents related to my case in Lake Charles, Louisiana?

  To obtain a copy of police reports for incidents related to your case, you can visit the Lake Charles Police Headquarters building located at 830 Enterprise Blvd. The office is open Monday through Friday from 8:00 a.m. to 3:30 p.m. Reports that are available for printing include crash reports and initial incident reports for burglary, theft, or criminal damage, which are free to the person(s) involved. Event/call logs can only be obtained through the public information record request online https://www.cityoflakecharles.com/egov/apps/services/index.egov?view=detail;id=4. If you need more information about obtaining criminal incident reports, you can contact the Records Division at 337-491-1456 ext 5927.

• Is the presence of the seller required during the closing process in Lake Charles?

  No. Sellers are not required to be present at the closing of a home sale. They can use a power of attorney to handle the process on their behalf. However, certain preparations should be made to ensure a smooth closing, such as providing a government-issued photo ID, keys or codes to the property, remotes for home systems, and any necessary documents instructed by the attorney or escrow agent.

• Are there any first-time home buyer programs available in Lake Charles?

  Yes, Lake Charles offers first-time home buyer programs. Options include Louisiana Housing Corporation programs for down payment assistance and tax credits, the Homebuyer Assistance Program for down payment and closing cost assistance, Rural Development for 100% financing in rural areas, and VA loans for veterans with no down payment. Research eligibility requirements and application processes to determine which programs suit your needs.

• Is succession always required for land ownership in Lake Charles?

  Yes. In Lake Charles, succession is mandatory whenever a person owned land. Land ownership is considered immovable property, and thus, a succession process is necessary to transfer ownership to the rightful heirs or beneficiaries. Whether the decedent had a will or died intestate, the succession ensures a legal and proper transfer of land ownership by the decedent's wishes or state law. Therefore, regardless of the circ*mstances, succession is always required for land ownership in Louisiana.

• How does partition by licitation work in Lake Charles?

  Partition by licitation is a legal process in Lake Charles that allows a co-owner to sell their share of an inherited or jointly owned property, even if other co-owners object. The co-owner requesting the sale must file a petition with the court, which decides if selling the property and dividing the proceeds is fairer than physically dividing it. If approved, the property is auctioned, and the highest bidder becomes the new owner. Proceeds are then divided among the co-owners based on their respective shares.

• How long does the house closing process take in Lake Charles?

  On average, the full closing process, from offer acceptance to the closing date, takes around 50 days in Lake Charles. However, it is important to know that nearly one-third of closings experience delays, which can further extend the timeline. The involvement of a buyer's lender for loan origination and underwriting contributes to the time-consuming nature of the process. Sellers also have their checklist of tasks to address during this period.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easem*nts. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circ*mstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.

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