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Real Estate - Real Estate Law Resources - LawInfo





Overall, there are 23 federal laws that apply to real estate transactions. The following list is not an all inclusive list of the laws that may have an impact upon your real estate deal because depending upon the circumstances involved, there may be additional laws which could also apply to your situation. for example, if your real estate legal issue involves a bankruptcy. then there are specific bankruptcy laws that may apply. Nevertheless, the most common federal laws applicable to real estate deals include:

In 1974, Congress passed the Real Estate Settlement Procedures Act (RESPA) and in , amended provisions under the Act became effective to include additional consumer protection provisions. Under RESPA, mortgage providers are required to provide real estate borrowers with more information regarding real estate settlement costs and disclosures of real estate interests terms. Also, under the Act, there is a Good Faith Estimate (GFE) provision to encourage shopping for settlement service providers.

Moreover, the RESPA regulations often overlap with the Truth in Lending Act (TILA), because under TILA, consumers must be provided with the costs of real estate loans, including interest rates from lenders and also must be provided with written notice regarding their rights to cancel, how to resolve disputes and information affecting their mortgage and credit transactions, i.e. itemized billing statements, within a certain period of time.

In , President Barack Obama signed into law, the Dodd-Frank Wall Street Reform and Consumer Protection Act which is a federal law that is designed to create sound economic policy. While there are many provisions established under the Act, most are very complicated for laypersons to understand. However, there were signficant changes under this law to protect consumers and tightened regulations of the financial industry. Some of the most important protections consumers have under this law include:

The right to be free from unfair acts or practices of mortgage lenders and service providers. Basically, this means that if your lender engages in practices or acts that cause you a substantial monetary harm, you could have grounds to initiate a civil lawsuit. For example, many states have permitted lenders to purchase forced-placed insurance on a borrower s mortgaged property to protect their interest. A forced-placed policy is insurance in which the lender buys rather than the borrower. However, if the lender fails to provide adequate notice of a forced-placed to the borrower, or fails to disclose the actual cost, including interest rates and causes the borrower to fall into foreclosure, then it is possible that a lawsuit can be filed.

Under Title VIII of the Civil Rights Act of 1968, which is commonly known as the Fair Housing Act, renters and real estate borrowers have a right to not be subjected to discrimination based upon their race, color, gender, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). These protections are available in all real estate dealings including the sale, purchase, financing, rental and leasing of property. If you believed that you are a victim of housing discrimination, contact a Civil Rights attorney immediately to discuss your rights and to learn what legal options are available to you.

The above federal laws are just a snapshot of the several laws regulating real estate transactions. There are various other federal statutes, as well as state statutes that may apply to your housing related matters. It is always best to consult with a Real Estate attorney prior to purchasing real estate, including commercial property. Further, real estate disputes often arise when there are adverse possession issues, eminent domain, title, prescriptive easements, title, zoning, boundary issues and other real estate matters.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney or find qualified local Real Estate Lawyers on LawInfo. Or, click to find Real Estate Lawyers in a specific location .



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