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Real Estate Attorney Since 2000

OUR LEGAL SERVICES:

A will, gives you peace of mind that your wishes will be carried out. It determines how & who will receive your property & belongings, it also names who will take care or your minor children. It is important to have a will to avoid problems with your estate & property.  Also called a “last will & testament,” can help you protect your family & your property.

You can use a will to:

  • Leave your personal property to family, other people or organizations.
  • Name a personal guardian to care for your children & your estate.
  • Name a trusted person to manage property you leave to minor children.
  • Name an executor, the person who makes sure that the terms of your will are carried out.

Price: $150

 

A deed establishes legal & equitable title, & ownership to a property. It represent the obligations owed to the buyer by the seller.

  • Identifying the Parties to the Transfer
  • Describing the Land in the Deed
  • Title & tax search to look for problems
  • Executed or Signing the Deed required
  • Delivery & Acceptance of the Deed by the Grantee

Price: $300

An affidavit of heirship can be used when someone dies without a will, & the estate consists mostly of real property titled in the deceased’s name. It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate). An affidavit of heirship should be signed by two disinterested witnesses. To qualify as a disinterested witness, one must be knowledgeable about the deceased & his or her family history, but cannot benefit financially from the estate.

This will be required by the court to do any transfer of ownership to the property, sometimes without this, it is impossible to speak with lenders, it can also hinder clearing up clouded title.

  • Has NO WILL
  • Has to involve real property (real estate)
  • ALL HEIRS must be sign it
  • Two Disinterested witnesses
  • ALL HAVE TO COME TO OFFICE/VIA VIDEO AND SIGN OFF
  • Will save them a tremendous amount of MONEY & TIME.
  • Avoids Probate.

Price: $475

Please Download the Affidavit Questionnaire Prior to Appointment Here.

Owner financing is a sensible way to sell property & extremely common all over the United States. (It has been estimated that approximately 10% to 15% of property sold is now sold with seller financing.) Offering to finance the purchaser of your property can help you sell it quickly, may provide tax benefits & will give you a nice source of monthly income.

Owner financing, is when all or part of the purchase price is carried by the seller. In other words, the seller agrees to lend money to the buyer to purchase & close on the property. Essentially, the seller plays the role of the banker & carries back the loan. But for all intents & purposes, owner financing operates as a traditional loan with the buyer sending regular (usually monthly) payments to the lender (in this case the seller). The main benefit of owner financing is the flexibility. You’ve heard the old saying, “Everything is negotiable.”

This agreement protects the buyer & seller & gives the seller the ability to foreclose due to non-payment. All transfer of title, notarized & recorded is included.

  • Deed
  • A Deed of Trust (Mortgage)
  • Note (I.O.U)
  • Numerous Disclosures & Settlement Statement
  • We make sure to set client up with a Note Servicing Company
  • Title & tax search to look for problems

Owner Financing Advantages for the Seller

  • The number of potential buyers will increase significantly.
  • The sale price should not have to be reduced below market value.
  • The sale will close more quickly than with bank financing.
  • Any potential income tax liability from the sale may be able to be deferred.
  • In most cases, the note you create can be sold & converted into cash at any time.

Owner Financing Advantages for the Buyer

  • The buyer will not have to meet rigid bank qualifying st&ards.
  • The buyer may be able to purchase a property the banks would not qualify him for.
  • The buyer will pay lower closing costs.
  • The buyer may be able to make a smaller down payment than the banks would require.
  • The buyer may have the option of creating flexible payment terms.
  • The buyer won’t have to pay origination points or mortgage insurance.
  • The buyer may not have to establish a prepaid escrow account for taxes & insurance. Best practice is to establish the escrow account to avoid large payment for taxes by seller if buyer cannot pay.

Price: $1,000

Buying subject to means buying a home subject to the existing mortgage & debts. It means the seller is not paying off the existing mortgage, & the buyer is instead taking over the payments. The unpaid balance of the existing mortgage is then calculated as part of the buyer’s purchase price.

Typically homeowners who are behind on payments or are already in foreclosure are the most common types of motivated sellers & are good c&idates for “Subject-To” purchases.

Includes:

  • Deed
  • Limited Power of Attorney
  • 3-page Disclosure
  • Title & tax search to look for problems

Price: $500

Buying subject to means buying a home subject to the existing mortgage & debts. It means the seller is not paying off the existing mortgage, & the buyer is instead taking over the payments. The unpaid balance of the existing mortgage is then calculated as part of the buyer’s purchase price.

Typically homeowners who are behind on payments or are already in foreclosure are the most common types of motivated sellers & are good c&idates for “Subject-To” purchases.

Includes:

  • Deed
  • Limited Power of Attorney
  • Deed of Trust (Mortgage)
  • 3-page Disclosure
  • Title & tax search to look for problems

Price: $850

A wraparound mortgage, is officially called a deed of trust in Texas. In a technical legal sense, the Grantor (the borrower/buyer) conveys the property to a Trustee (usually an attorney) to hold for the benefit of the Beneficiary (you, the seller/lender). This document secures the buyer’s promise to pay the note by creating a lien against the property you are selling. (This lien is fairly redundant to the vendor’s lien in the special warranty deed, because in most cases, the seller & the lender are not the same entity.

So this is a bit of a belt-&-suspenders approach, but too much protection is far better than too little.) The deed of trust also secures the buyer’s promise to pay your mortgage, even if the buyer is paying your lender directly. If the buyer fails to pay either the first mortgage (to the lender) or the second mortgage (to you), you would be able to foreclose. This document needs to be signed & notarized because it will be recorded in the county’s property records. You keep the original, record it & have the recorded original mailed to you or your trustee, with a copy to the buyer.

Includes:

  • Deed
  • Deed of Trust (Mortgage)
  • Title & tax search to look for problems
  • Note (I.O.U)
  • Settlement Statement & Escrow service setup
  • A LOT of disclosures

Price: $1,500

Do you need to cure a clouded title? We can resolve these issues for you.

  • If judgment or lien that is stopping Seller from closing transaction we CURE those matters
  • This does not come off of person; It comes off of the property.
  • It can takes up to 31 days per removal.

Price: $1000 (per lien/judgment) 

man signing documents

Victor Maas

Real Estate Attorney, Broker & Investor, Victor M. Maas, is known for his “problem solver” attitude. Victor served in the U.S. Air force in 1991 & graduated from Creighton School of Law in 2000.

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Looking for SAREIA?

San Antonio Real Estate Investors Association, provides education to both beginner & experienced investors to help them succeed in real estate investing.

Looking for SAREIA?

San Antonio Real Estate Investors Association, provides education to both beginner & experienced investors to help them succeed in real estate investing.

Looking for SAREIA?

San Antonio Real Estate Investors Association, provides education to both beginner & experienced investors to help them succeed in real estate investing.

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