Hogue Hill Residential Real Estate Practice Group
The Hogue Hill Residential Real Estate Practice Group provides services to clients engaged in all stages of residential real property acquisition, ownership, financing, and sale, as well as gifting of residential real estate and changes in form of ownership of residential real estate. These services include contract review and brokerage agreement review in the context of brokered transactions, and contract and ancillary document preparation in the context of For Sale By Owner (FSBO) transactions, and advice to clients regarding the several approaches that can be taken in the completion of the Residential Real Property Disclosure Statement. Post-contract services for buyers and services to owners in the context of financing (mortgage) transactions include title searches and opinions on title, typically rendered to title insurance agencies representing national title insurance companies which issue title insurance to owners and lenders. Purchase transactions include vacant lot purchases, lot and construction combined purchases, and purchases of completed construction and existing previously-constructed residential improvements, and may be purchases of properties which are single family residences, townhome or patio home residences, or condominium units. We are happy to close short-sale transactions and REO post-foreclosure sale transactions. We also are able to assist with direct purchase at foreclosure sales. Financing transactions include vacant lot mortgage loans, construction mortgage loans, construction-permanent mortgage loans, and post-construction permanent mortgage loans (including conversion) transactions. We handle closing of conventional, FHA, VA, and other residential mortgage loans for our clients.
The Hogue Hill Residential Real Property Practice Group includes attorneys Bill Lynch, Jim Snow, Cliff MacDonald, and Patti Jenkins. Talmage Jones, Of Counsel to the firm, provides valuable advice and guidance to the attorneys in active practice but no longer provides direct services to clients. Valuable support is provided by paralegals Erin Gregory and Michelle Mormando, and by Closing Coordinators Lynn R. Ward and Sharon L. Waddell.
We recommend that a survey by a registered land surveyor be conducted during the due diligence period before purchase of any residential real property to identify the location of property corners and the setback distances of improvements from property lines, and to identify any encroachments or easements which are visible on the ground but which may not be identified in a title search if not of record during the relevant search period. Encroachments may be of improvements to the property being purchased over the property line onto adjoining property or the public right of way, or into setbacks established under applicable zoning or under subdivision restrictions, or may be of improvements to adjacent property over the property line onto the property being purchased. Unless a survey is obtained and is provided to the title insurer, the owner’s policy of title insurance will include a general exception for all matters which would be disclosed by survey, and this is a much broader exception from coverage than a specific exception for matters shown on a specific survey; specific exception for survey is generally available only if a current survey is obtained and is provide to the title insurer.