Real Estate 2017-10-30T23:40:49+00:00

Real Estate

RD Davis Law represents individuals and business in a wide range of real estate matters. Whether handling a litigation matter or negotiating and closing a transaction, we routinely represent both buyers and sellers, agents/brokers, and landlords or tenants. We provide personalized, detailed services for clients throughout Houston, including:

  • Residential Transactions: We represent clients in all aspects of residential real estate purchase, sale and lease transactions, including negotiating, drafting and reviewing contracts and leases; examining title and resolving title issues; drafting, reviewing and explaining the significance of closing documents; and representing clients at closing.
  • Commercial TransactionsCommercial real estate matters involve a much greater degree of complexity. We help buyers, sellers, investors, tenants and landlords in matters that include zoning and land use, environmental inspections, compliance, tax matters, representation at closings, and contract and lease negotiation, drafting and review.
  • Title Examination and Resolution of Defects:We provide our clients with counsel regarding title insurance, as well as thorough title examination services to check for issues involving liens, judgments, encumbrances, boundary lines, easements and other potential title issues.
  • Foreclosures:Lender foreclosure services.
  • Lender RepresentationWe represent lenders on a wide range of matters, including lender regulations, drafting and reviewing loan and mortgage documents, and the issuance of title insurance policies and endorsements. We also represent investors and private/hard money lenders for transactional funding, extended transactional funding and hard money closings.
  • Investor Counseling and RepresentationWe protect the interests of investors — including foreign investors in Texas real estate – in matters such as contract negotiation, drafting and review; tax counsel andIRC 1031 tax-deferred exchanges; business purchases; quiet title actions; and the formation of limited liability companies, corporations, Texas land trusts, revocable trusts, and other entities for the purpose of buying real estate. For foreign investors, we provide a range of services including FIRPTA counseling and representation, along with representation for business and investor immigration visas. We also represent investors and private/hard money lenders for transactional funding, extended transactional funding and hard money closings.

In addition to these matters, we handle the following:

What is Owner Financing? 2017-07-19T15:30:22+00:00

Owner financing or Seller Carry-Back Financing is becoming more popular. Seller financing is a loan provided by the seller of a property to the buyer, to cover part or the entire sale price. This process, also known as owner carry back or owner financing, is used in a variety of situations as a creative financing option. It is often beneficial to both the Borrower and Lender or Beneficiary to have a neutral third party loan servicer.

What is a “Subject-to” transaction? 2017-07-19T15:29:48+00:00

Subject-to is a method of acquiring property wherein there is an existing mortgage or deed of trust when the new owner agrees to take title with the responsibility to continue to make the payments on the promissory note secured by the mortgage or deed of trust. The new owner buys the property “subject to” the secured debt. Should the new owner fail to make the payments, the original debtor remains liable for the payment, but the holder of the mortgage or beneficiary of the deed of trust may foreclose and the buyer could thus lose title.

Consult an attorney before attempting to enter into a subject-to transaction. When used with caution and integrity this technique may be a strategy for the experienced investor and a good option for a distressed homeowner depending on the situation.

What is a Wrap-Around Mortgage? 2017-07-19T15:27:02+00:00

A wrap-around mortgage is one where the lender assumes responsibility for an already existing mortgage. For example if you have an existing mortgage on your home for $125,000.00 and need $75,000.00 for renovations, you can obtain a $200,000.00 wrap-around mortgage. The wrap-around mortgage lender will assume responsibility on the first mortgage and then you will have $75,000.00 to make your renovations. It is important to make sure that the wrap-around mortgage lender does not default on the first mortgage. It is also important to understand your interest rates and what you will owe to both of your lenders. A wrap-around mortgage instrument should state all of the arrangements and agreements of the instrument.

What are deeds for? 2017-07-19T15:25:44+00:00

Deeds indicate, and are generally required to transfer, ownership of real estate. A deed contains the names of the old and new owners and a legal description of the property and is signed by the person transferring the property. The different kinds of deeds, such as the warranty deed, quit claim deed and special warranty deed, transfer different interests in property. For example, a seller conveying property by a general warranty deed assures good and marketable title to the buyer and will defend the tile to the property from all persons. In contrast, a seller conveying property by a quitclaim deed conveys only what title the seller may have to the property, with no warranty as to ownership or defects in the title.

What is real estate? 2017-07-19T15:23:57+00:00

Real estate (also called real property) refers to land and things attached to land. For most consumers, real estate consists of their home and the lot surrounding it. Commercial real estate may include factories, equipment, and other facilities. In addition to buildings and equipment, resources existing on (or under) the land, including minerals and gas, are part of real estate. Some of these components of real estate can be sold separately.

LET’S WORK TOGETHER

We work hard to give our clients the highest quality advice possible.