The widely fluctuating economic circumstances of the recent past have led to a number of changes in the traditional law governing real estate acquisition and finance.
Working from a broad base of experience and expertise in the settled law of mortgages, the National Legal Research Group has been in the forefront of the developing trends in this area.
In addition to the general points below, NLRG has already devoted many hours of research to the increased use of due-on-sale clauses and the constraints on such use, variable and adjustable rate mortgages, transfer fees, and the consequences of increased regulation and preemption by the federal government. NLRG services in the mortgage law area include:
Evaluation of various devices for real estate finance such as mortgages, deeds of trust, wraparound mortgages, and land sale contracts with an eye toward validity and future consequences. Our team of attorneys has a wealth of knowledge in dealing with these agreements and the variations in the law of different jurisdictions.
Analysis of the legal effect of financing agreement language such as due-on-sale clauses, acceleration clauses, waiver agreements, guaranties, and the like.
Consideration of the consequences of shifts in liabilities in financing documents, as in assumptions, assignments, or transfers.
Determination of the propriety of the different approaches to foreclosure, including strict and judicial foreclosure, procedural requirements, trustee's sales, redemption, purchaser's rights, and related issues.
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