Probate Real Estate - Is a Legal Background Necessary?

I know many of you haven't gotten started yet in Probate Real Estate because you are afraid you will run into legal hassles. Well, guess what? When it comes to legal stuff, I'm not the sharpest knife in the drawer either.

However, I'm still extremely successful in Probate Real Estate.

How can that be, you ask? Here's the secret. Buying Probate Real Estate is not a legal process even though the Probate is conducted through the judicial system. Probate Real Estate as I describe in my book, is nothing more than a method of prospecting for folks who might be interested in selling their house at a discount. That's it!

Let me explain it to you this way.

If I thought folks who owned blue houses would give me a discount, I would have figured out a method to contact folks who own blue houses. I have discovered that is not the case. Blue house owners are not a good place to prospect for good deals. Green ones aren't either! What about yellow houses? Nope - wrong again.

How about Probate houses? Now we are talking!

People who have inherited homes ARE more likely to sell these houses at a discount because they don't want them. Why? They have just inherited the house, and most people don't need another house! What they DO need is more long green (cash money), and the sooner the better, thank you very much!

Consequently, I have devised a system to get a hold of them and see if we can put something together. "I'll buy your house quickly if you'll give me a little discount." Simple enough?

So once I find a willing seller, and I'm the willing buyer, we've got a deal. Now it's just like buying the house next door. Even the blue house next door! You and the seller agree on the price, you write a Sales Agreement and the two of you close on the property. Just be sure to use a title company or an attorney, whichever is appropriate in your state, for the closing. They will keep you out of hot water.
Pretty simple, huh?

That's why you don't need any legal knowledge, or legal training. There are no "special" forms or "special" contracts. As a matter of fact, let me give you a little free tip here.

When you go to write your Sales Agreement, if you want to keep in compliance with your local State and County regulations, go down to the For Sale By Owner office in your area and pick up their "forms" packet. It'll cost you around $25. In it you will find a copy of the Sales Agreement that is used in your area. It should also have a short instruction sheet on how to properly fill it out. That's the one to use. Just use their instructions to fill out your Sales Agreements and you'll be good to go. That will also keep the real estate police from knocking at your door!

So now in the two minutes it took you to read this article, you have learned all the legal stuff you need to know about buying Probate Properties.

I'm a Tenant - Get Me Out of Here

You are renting commercial premises; business is tough; you want to move to smaller (or just plain cheaper) premises to cut costs; you dust off that lease you signed a couple of years ago to find there are another 8 years to run. What can you do?

This is a question that I'm expecting to be asked a lot this year as businesses attempt to tighten their belts.

Many tenants sign up to 5, 6 or 10 year leases without giving a moment's thought to the enormity of the financial commitment they are making. One of the things I always point out to tenants entering into a new lease is the total financial commitment they are making. For example, a 5 year lease at £20,000 per annum is a total commitment of £100,000. It's amazing how few business people think of it in those terms.

In addition to the rental costs, there are the costs of keeping the premises in good repair which for an older building can be absolutely astronomical.

If you find yourself staring down the barrel of several more years' rent on premises you don't want with a nasty repair bill for the premises as the sting in the tail, there are a few strategies you can adopt to try and soften the blow.

have your lease reviewed by a lawyer. Leases tend not to be written in the most straightforward of language and it is essential that you ask a lawyer who specialises in commercial work to review the lease to establish whether there are any clauses that can be used to your advantage. These are a couple of examples of provisions your lawyer will be looking for:

Break clauses - your lease may contain a clause allowing you to end the lease early but these clauses need treating with extreme care as very often conditions need to be satisfied and notices served in a particular way to ensure that you don't lose your right to end the lease early. Messing up service of a break notice is one of the most expensive mistakes a tenant can make.

Alienation Provisions - see what I mean about the language used in leases? 'Alienation' means your right to deal with the lease by either selling it on to someone else or alternatively subletting. These provisions tend to vary from lease to lease and again it is essential you understand what you have the right to do before you embark on the search for someone to take the premises off your hands.

Approach your landlord and ask for a rent reduction. This might sound like a pretty stupid suggestion but when commercial tenants are thin on the ground the last thing a landlord wants is for the obligation to pay the rent to push his tenant into bankruptcy or administration. I currently have a client who has agreed to temporarily reduce his tenant's rent from £90,000 per annum to £45,000 per annum to enable the tenant to trade through a bad period. The alternative was that the tenant would have gone into administration and the landlord would have received nothing. In the current climate the premises would be difficult to relet and landlords now have another issue to consider - business rates on empty properties which came in on 1st April this year.

Consider winding up your company and transferring the business to a new company. This might be morally objectionable to you but if you are fortunate enough to have negotiated a lease in the name of a limited company with no directors' guarantees then by winding up the company you can effectively escape your obligations. Before you consider this approach you will, of course, need specialist legal and accountancy advice.

Closing Contracts

When you are in the process of having a contract closed in Tax delinquent Investment you need to consider a time frame. Remember not to make that contract null and void, so give it a very good time frame of about 60 to 80 days. This is for your security, as well as the sellers, so there is still a way to back out of a contract, if you need to.

But, of course, you do not want to wait 60 to 80 days before you close. You want to close much faster. You want to close, ideally, as fast as possible, because the faster you buy it, the faster you can sell it, and the faster you make money. So, therefore if you work with a title company, make sure you send the sale agreement to the title company, once it is accepted. Tell them you expect them to close escrow on or before a specific date. You want the title to be ready as soon as possible, so if it can be ready the week after the sale that would be best. Then they know that they do not have to wait until the close of escrow. Very often, title companies wait until the very last moment. They are trained to wait on attorneys. They are trained to wait until the day of close of escrow comes and they close a day or two prior to that. The title should be ready a month earlier than close of escrow, ideally.

In my experience sellers are ready after 10 days. Then, they sit there and wait, and if you do not remind them. They just let the paperwork sit there for another 50 days before they say, "Okay, let's arrange for closing." So, you want to make sure that you are on top of the situation. Remember, just because they have agreed to sell does not mean that they will chase after you, you still have to do some legwork. This is your investment and it is in your best interest to make sure it goes smoothly from beginning to end.

In Tax Delinquent Investing, follow through is just as important as acquiring and convincing the seller. You will be dealing with third party organizations that is used to playing the waiting game. Remember, this is your money we are talking about. Would you leave a wad of cash sitting around? I think not. Make sure you direct the third parties accordingly so that your investment process can go as smooth and seamless as it can be. Your investment is turned around faster and easier.

5 Steps to Selling Your House

Selling your house is one of biggest transactions you'll ever make, so it is vital that you get it right.

Before actively marketing your property you will need to have available (or at the least applied for) a Home Information Pack (HIP). This can be arranged through your solicitors, estate agents or even direct with a HIP provider.

Once you have found a buyer and have accepted an offer on your property, here's what happens next.

1. Preliminary Matters

Once you have instructed a solicitor to act on your behalf, you will need to provide proof of your identity to comply with Governmental and Law Society guidelines.

Your solicitor will also ask you to complete standardised documentation that will form part of the contract package to be delivered to the Buyer's solicitors which are called the Property Information Form and Fittings and Contents Form (an additional form called Leasehold Information Form may also be needed if the property you are selling is held on a leasehold tenure).

If you have a mortgage on your property you need to provide the solicitor with your mortgage account number. This will enable them to obtain the Title Deeds from your lender.

2. Before Exchange of Contracts

If your property is registered then a copy of the Title for your home will be ordered electronically through HM Land Registry. If your Title is unregistered then it will be up to your solicitor to present a Title to the Buyer's legal advisor based on the historically documentation within the Title Deeds.

The solicitors representing you in the sale transaction will then provide a contract package to the Buyer's solicitors. This comprises of a draft contract, copies of the Title to your property and the Property Information Form and Fittings and Contents Form referred to above.

Once a contract package has been issued to the Buyer's solicitors it is normal for them to raise a number of enquiries concerning the Title for the property as well as its historical and present physical state. Your own solicitor will deal with these enquiries on your behalf (as many of them may be technical and difficult to understand!) however, there may be some questions where your input is required.

You will need to make sure that the information you provide in any documentation is accurate and that the responses to any questions asked by the Buyer or your own solicitor are true.

Your Buyer is likely to instruct their solicitor to carry out searches through the Local, Drainage, Environmental and the Chancel Check authorities. This is to ensure that there are no hidden surprises within the said authorities records that would prevent the Buyer's from proceeding with the transaction.

Once the Buyer has received a Survey report and their solicitor is in receipt of search results, replies to enquiries and offer of mortgage (if applicable) then they are in a position to effect exchange of contracts.

3. Exchange of Contracts

When the form of the sale contract has been agreed between solicitors, your legal advisor will ask you to sign your copy of the contract. Just because you have signed your contract, it doesn't mean you have sold your house - the agreement is only binding once the contracts have been exchanged.

Immediately prior to exchange the completion date is agreed with all parties in the chain. There is no set period between exchange and completion. Completion can even be arranged a year in advance if appropriate! It may also be possible to agree a simultaneous exchange and completion date. However, this date depends upon the availability of all parties in the chain to physically move out of their existing house and into their new home.

Once exchange of contracts has been effected you are in a legally binding contract to sell your property.

4. Preparing for Completion

You'll need to arrange a removal firm to empty your house, and inform the relevant utility and other companies that you are moving.

Your solicitor will arrange for your mortgage to be paid off and settle your estate agents commission account (if applicable). In addition you will be asked to sign one final document by your solicitor called the Transfer Deed. This document will be utilised by the Buyer's solicitors to register their clients interest in the property at HM Land Registry following completion. Rest assured your solicitor will not release this document without first having received the full balance of the sale proceeds.

5. Completion Day

The sale will be completed once the purchase funds have been received from the Buyer's solicitors. Everything from the house must be removed, except for any fixtures and fittings that you have agreed to sell to the buyer or will be including in the sale price.

You will need to leave the keys to the property with your estate agent, unless you have agreed differently with the buyer. Once this has been done you have successfully sold your house.

Selling your home can be made much easier when you know what is going to happen next. Now you know what to expect of you, you can continue to look for your dream home.

Difference Between Judicial and Non-Judicial Foreclosure

Judicial Foreclosure

Judicial foreclosures are processed through the court system. The lender files a complaint stating what debt is owed with an explanation of why they should be allowed to recover the property from the borrower in lieu of debt settlement. A notice of Lis Pendens usually accompanies this complaint. A Lis Pendens means a notice of pending action. The home or property owners are notified that there is intent to cure a default by mail and publication to have an opportunity to protect their interest in the court. If the court finds probable cause of default in debt settlement, it is then ordered that the amount owed is valid along with court costs. The property is then to be sold at public auction. When the property is sold, it is then presented in front of the court to protect the lender's interest.

Non-Judicial Foreclosure

Sometimes Non-Judicial foreclosures are referred to as power of sale foreclosure. This procedure does not involve the court. The mortgage company sends a notice of default or a right to cure default and files a recording in the county recorders office. Often local publications are used along with these proceedings. There are some states that do not require a notice of default and can proceed without any direct contact with the owner. Most states require a time period for these proceedings and after this lapse the public auction is held and the property is sold to the highest bidder. Homeowners are generally allowed to redeem the property in a process called Statutory Redemption. This time period varies from 30 days to one year, depending on each state law.

Facing a foreclosure is frightening and often times confusing since each state is different. You should not face this alone. Act now to contact your lender to see if you can work out a repayment option to settle the debt. If this isn't a satisfactory solution, get a foreclosure expert to help you with the foreclosure. There are too many laws and terminology that the common man might not understand. You really need to take a look at your finances to see where your problem lies and be upfront and honest with your lender.

Using a Power of Attorney For Real Estate Contracts

The use of a Power of Attorney in connection with real estate contracts and be a powerful tool, but care should be taken to avoid potential pitfalls. Here are a few common questions that Arizona real estate lawyers commonly face with regard to the use of the Power of Attorney in the real estate context.

Q. What is a Power of Attorney?

A. A Power of Attorney is simply a signed document that authorizes one person to act on behalf of another. A Power of Attorney is commonly used in Arizona real estate transactions when a party is not available to sign closing documents and wishes to designate another person to sign for them. In such cases, if a Power of Attorney must be used, it should be limited (Referred to as a "Special" or "Limited" Power of Attorney) to the discrete use for which it is intended. In most cases, an Arizona real estate lawyer should be consulted to make sure the Power of Attorney serves only the purpose it was intended for.

Q. Who are the parties to a Power of Attorney?

A. The parties are the principal (who grants the power) and the agent or attorney-in-fact (who gets the power).

Q. What is the scope of the given power?

A. This depends on what the document says. In most cases the principal should avoid a "General" Power of Attorney, which allows the agent to do anything the principal has the power to do. A Special or Limited Power of Attorney (described above), on the other hand, will allow the agent to do only what the principal requires to get the job done.

Q. How long does a Power of Attorney last?

A. Again, this can be controlled by what is stated in the document. If the written document does not specify an expiration date or event, the document generally remains in effect until it is revoked or until the principal dies or becomes incapacitated or incompetent. In most cases, an expiration date should be included in the document because even after a Power of Attorney is revoked it remains effective with regard to third parties who don't know it has been revoked.

Q. What is a Durable Power of Attorney?

A. In some cases the principal wants the Power of Attorney to survive his or her disability. In such cases a Durable Power of Attorney is used to avoid the automatic revocation of the Power of Attorney upon the principal's incapacitation or incompetence.

Q. Are there any special requirements for a Power of Attorney in Arizona?

A. Yes. In most cases the Power of Attorney must be signed by a witnesses not related to the principal and must also be notarized. Also, if the agent is to receive any compensation, this must be spelled out and separately initialed by the principal and witness. There are other requirements and harsh penalties, including possible criminal repercussions, so its a good idea to have an Arizona real estate lawyer help.

Q. How should the agent sign a document on behalf of the principal?

A. The agent should sign the principal's name "by _____ (Agent) as his attorney-in-fact."

As suggested above, you should be very careful before granting a Power of Attorney to someone else, or before agreeing to act on behalf of someone as their agent. Its always a good idea to seek legal counsel from an experience Arizona real estate lawyer before doing so.

Kevin R. Harper is an Arizona real estate and business litigation attorney, representing individuals and small businesses throughout the state of Arizona from his Central Phoenix office located at 1 N. Central Ave., Suite 1130, in downtown Phoenix. His firm also has an office in Chandler, Arizona and represents individuals and businesses all over the state of Arizona.

How Do I Obtain Copyright?

You obtain your copyright to any project the moment you put words to paper, or ink to your sketch, or snap the photograph. The rights to your project are yours to keep. Until you sign a contract or make any agreement otherwise, you retain the rights to your work at all times. This means you have the right to pursue legal action if anyone were to use your work without permission. You might also need it if someone takes you to court, claiming you stole their ideas or work.

However, some people are not satisfied with this. Also, while you could take someone to court over exploitation of your copyrighted work, you might need to have some proof that you did create the work first. If you actually intended to sell your work, like your photographs and your text, you can register for a copyright. The United States Copyright Office will let you register your work, or groups of your work, and you will be able to get more money and make a better claim if you should ever have to go to court.

People used to say you could put copies of your work in an envelope and mail it to yourself using the United States Postal Service. It is called the "Poor Man's Copyright Registration". The truth is that while it might help in court proceedings, it is really better if you go ahead and register your copyright to your work officially.

You should especially copyright your work if it is something you intend to keep and resell again and again, and make a living off of your work, like a photograph or a piece of art. You should know that if you write an article or a book, usually the publishing company that purchases the work will obtain the copyright for you, and it might be better to let them do so. If you're uncertain, it doesn't hurt to go ahead and get the copyright registered for your project anyway. It can certainly be helpful if you should ever need to use it when you go to court over copyright violations.

10 Common Myths About Copyright

Copyright law can be confusing. Here are several common myths about copyright to help you sort out fact from fiction.

a. If it doesn't have a copyright notice, it is not copyrighted

Sort of. After April of 1989, the US dropped the requirement to need a copyright notice to have copyright protection. Items prior to April of 1989 without a copyright notice may have lost protection but it is a very gray area as the Copyright Office allowed for corrections after publication In general, when seeking public domain products, it is best to stay away from gray areas as there is lots more material out there than you can ever use.

b. If I don't charge for it, I'm not violating the copyright

Charging for an item is not a requirement for copyright. I can give away something for free and it is still protected by copyright. And if you choose to give away my works for free, you are committing copyright violation unless I specifically gave you permission to do this.

c. If it is posted on the internet/Usenet, it is in the public domain

Never assume that something posted on the internet is in the public domain. Any newer creations - including posts - are protected by copyright.

d. My use of the materials falls under "fair use"

e. If you don't defend your copyright, you lose its protections

False. The law does not require you to defend your copyright to keep it intact.

f. If I create my own works based on already published works, I can copyright them.

Copyright law is very explicit about something called derivative works. If you wish to create a new work based on a prior author's "universe", you need to get permission.

g. Copyright violation is a small thing and if I get caught, nothing will happen to me

Not so. If you end up going to court, there can be very heavy monetary and jail time for copyright violation. Plus the cost of defending yourself will also be quite high.

h. Using someone else's copyrighted materials is just free advertising for the copyright owner.

That is not your decision to make. If you want to use someone else's copyrighted work, no matter the reason, get their permission. The only exception is "fair use" which is allowed under certain very specific circumstances - like an attributed quote.

i. Someone emailed me the materials so I can use them.

False. Just because someone else emailed you something does not mean that person had the right to do that.

j. This is a government work so it is copyright free.

Sometimes true. All US government work paid for and created by US government employees is in the public domain (but it may have some restrictions - like it is classified or is a government seal.) Works by quasi government entities are copyrighted however. For instance, works by the Smithsonian Institution do claim copyright to their works. Also state governments often claim copyright to their works.

Take action now!

The 5 Simple Steps to Writing Your Copyright Notice

Whether or not you actually register the rights to your work with the Copyright Office, you can still use a copyright notice on your work. You have every right and legal claim to your work the moment you put words to paper. It helps to register, but you still own the copyright and you have every right to use a copyright notice on your projects.

The copyright notice simply notifies readers that, yes, the work is copyright protected. You can get as specific as you want with this copyright. Here are the basic features of a copyright notice.

1. Copyright - The word copyright or the symbol © works well to inform people in a clear way that it is a copyright notice. Many people use both the symbol and the word in order to make sure everyone understands the meaning.

2. Name - Your name is another important part of the copyright notice. You should declare whom the copyright belongs to. If it belongs to your company, and not to you, you should put a company name.

3. Date - It helps to at least put the year when the copyright was created. This helps establish when the document was created, and will help others figure out who wrote the document first if there is every a dispute.

4. Reserved Rights - The statement "All Rights Reserved" used to have to be included on copyright notices because certain countries around the world required it. It is still often used with copyright notices, even if it is no long a requirement.

5. Details - If you grant partial reprint rights if your name and link is in tact, or if you don't give anyone permission to use your content, it helps to declare this in your copyright notice.

Sample copyright notice:

Copyright © John Smith 2000 All Rights Reserved. No part of this document may be reproduced without written consent from the author.

This should be all that you need in order to write a copyright notice for any document. This works for any sort of project, document, web page, piece of music or anything else you create.

Federal Prison Inmate Locater - How to Find Someone in Prison

How can I find out if someone is in jail?

When I recently went looking for someone who I thought was in federal prison I was sure that I would have a near impossible task on my hands but I was wrong. It might have been difficult a few years ago but not anymore. Let me show you how to find someone in prison and get loads of background information about them at the same time.

Step 1: Use the BOP Federal Inmate Lookup

The Federal Bureau of Prisons (BOP) provides a website at bop.gov. On the site you will find the BOP federal inmate locater which is a searchable database of all federal inmates since 1982.

Type in the details of the person that you're looking for and click the button to see a list of names together with the prisons where they're being held. When I did this recently the site gave me a long list of inmates because of the common name that I was searching for so I had to find out which one, if any, of the inmates was the person that I was looking for.

Step 2: Get more background information on someone

You may find like I did, that when you've narrowed down your search by race, age and sex you're still left with more than one name and you can't be sure that any one of them is the one you're looking for. You need to get more information on this person.

The BOP site is ok, it's free and it might just tell you everything you need to know. If it doesn't then you should subscribe to a web site that will give you all the information you could ever wish for on prison inmates and anyone else you fancy looking up. These websites gather information from thousands of places all over the Internet and offline too. They are easy to search and when you find the person that you're looking for you can do a full criminal records and background check on them. When you've done this you'll be far more confident that you've found the person that you're looking for.

How to Find Out If a Court Arrest Warrant Has Been Issued, and What to Do Next

If you fail to show up for court after you have agreed or been ordered to do so, a court arrest warrant will likely be issued for you. What exactly does this mean to you? Will the SWAT Team be kicking down your door to arrest you? Is it safe to leave the house? Should you turn yourself in? First you will need to find out if a court arrest warrant has even been issued. If so, what happens next depends on a lot of things.

Finding out if a court arrest warrant has been issued is as easy as picking up the telephone and calling the clerk of courts office. They will be able to inform you exactly what measures have been taken by the court, and they should be able to tell you who holds the court arrest warrant, too. The arrest warrant may have been passed on to the city police or the county sheriff. Maybe both authorities hold your warrant, as well as the state patrol, the FBI, the Federal Marshall's office. The list of law enforcement authorities who can arrest you on a court arrest warrant is quite exhaustive. Who holds your warrant depends largely on what your crime was and how badly the court wants you arrested.

If you failed to appear in court for a minor traffic ticket and a court arrest warrant was filed, then it is possible that the police will knock on your door looking for you. It is more likely, however that they will simply wait for you to make a mistake, like not using your turn signal, and arrest you when they pull you over. If you are a suspected terrorist, however, then you can expect heavily armored men in black masks and big guns serving the court arrest warrant.

Once you have found out that a court arrest warrant has been issued, it is always best to turn yourself in immediately to the authorities that hold the warrant. The first reason for turning yourself in is that you won't have to constantly be looking over your shoulder to see if someone is there ready to slap on the cuffs. You will also be treated much better when you cooperate, both by the arresting authorities as well as when you show up for court. Many times when you turn yourself in for a court arrest warrant, your sentence will be much lighter than if you evaded the warrant and the authorities had to hunt you down.

Often court arrest warrants and records are available online. Try looking up the court you were supposed to appear in and see if they have an online records search. Simply type in the information it asks for, usually your name, address, social security number, etc. Any records of court arrest warrants, as well as other records about you, will come up. This information might include the date that the court arrest warrant was issued, if and when it expires, and who is authorized to serve the court arrest warrant.

How Can I Check Someone's Driver's License Records?

There are quite a lot of reasons why people check for someone else's driver's license records. One popular reason is employment. Another reason might be a private investigator doing a comprehensive background check.

Regardless of the reason, it is nearly impossible for you to get a person's driver's license records unless they provide you with a written permission. However, if you have a valid reason, such as checking someone's driving records before you employ them, then you will need to fill out a request form called the Requester Release and Affidavit of Intended Use. There are specified criteria here that you should qualify for in order for you to request for the record.

If you meet the criteria, then you will need to fill it out and send it to your local Division of Motor Vehicles office. Here are some of the criteria that you should be able to qualify for in order for you to request for someone else's driving records.

The first is that the record should be requested by a government agency, including law enforcement agency. Another is that is should be by an agency charged with motor or driver vehicle safety insurance.

It can also be obtained by a business which will use the information to verify the accuracy of the information submitted by certain individuals to prevent fraud.

These are the things that you should remember about checking someone's driving records. As you can see, you first need to have a valid reason and you also have to qualify for the criteria stated on the Requester Release and Affidavit of Intended Use.

Now if you need to check driving records as part of a background check, there are other ways to do so. For example, if a person has been convicted of a driving related crime, such as driving under the influence (DUI) or reckless driving, the records may be part of the public court records and would easily be obtained in a public records search.

Public record searches can be done in a variety of ways. If you knew the county the person resided in or may have committed a driving related crime in, you could visit the courthouse and search records yourself. As you can tell, this could be a tedious process, but it should not cost you anything.

A more realistic approach is to conduct an online background check. There are a number of sites which will do this for you. All you need is some information, such as the full name, address and age of the individual. you can then run a background check on the individual. This will not tell you traffic crimes, like speeding or parking violations, but it will tell you the serious stuff.

You can also hire a private investigator. He or she can probably find out the detailed stuff as well as the traffic misdemeanors. This can cost you up to $200 or so depending on the difficulty level of the search.

If you just need to check your own driver's license records to ensure accuracy, you are legally entitled to do so. You just need to visit your local DMV for instructions. It may cost you a minimal fee.