REAL PROPERTY
Jack Utter, Attorney at Law and Licensed Real Estate Broker

Are you in danger of losing your home?  Are you wondering how you can protect your property from foreclosure? Are you thinking about buying or selling a home or commercial property?   Are you considering a real estate investment?  Have you thought about exchanging your property for another?  What is the best way for you to hold title?

Jack Utter, Attorney at Law, is also a licensed real estate broker and can assist you in answering these questions.  Whether you are a buyer or seller, plaintiff or defendant, borrower, lender or investor, Jack Utter will assist you in understanding all of your options and make sure you have the information necessary to protect your property and your assets.

Real Estate - The Law Office of Jack Utter is experienced in virtually all aspects of residential and commercial real estate transactions. I provide representation in litigation, acquisitions and sales, real estate construction and development, leasing, management, credit enhancement, mortgages and foreclosures, joint ventures, partnerships, title examinations, easements, quiet title actions, closings, and other real estate and business related activities.

In order to protect clients from exposure to certain kinds of legal and financial liabilities, my firm thoroughly reviews the terms and conditions of a sale or purchase agreement. Identifying imprecise clauses or vague terms, I suggest alternative language to protect clients from future legal problems and difficulties. Since certain problems can come to light after a real estate purchase, my office maintains an ongoing consultative relationship with clients to ensure their interests are protected should legal action be required after the finalization of a real estate deal. My office is prepared to write demand letters and initiate legal proceedings in cases where a lack of full disclosure or deceptive practices threatens the value of their real estate purchase or sale.

LOAN MODIFICATION FRAUD - The Law Office of Jack Utter represents qualified homeowners in loan modification  fraud and litigation. The real estate community is familiar with the Federal Truth in Lending Act (TILA) as laws requiring certain disclosures about the cost of borrowing money. Federal Law requires the disclosures every time you have received a new credit card. Borrowers may also be aware that consumers who are borrowing against their homes have a three-day right to cancel/rescind the transaction. However, few real estate attorneys know that TILA's right to cancel/rescind can last for as long as three years after the loan is made. TILA can govern individual lenders making a first loan secured by residential property. Few attorneys know that the cost of rescission to the lender is all of the interest, fees, costs, and any other charges not directly for the benefit of the borrower. Class action lawsuits against large lenders have resulted in millions of dollars in damages.

SHORT SALE -  There are many ways to lose a home, but signing away ownership in a manner that destroys credit, embarrasses the family and strips an owner of dignity is one of the hardest. For owners who can no longer afford to keep mortgage payments current, there are alternatives to bankruptcy or foreclosure proceedings. One of those options is called a "short sale.  When lenders agree to do a short sale in real estate, it means the lender is accepting less than the total amount due. Not all lenders will accept short sales or discounted payoffs, especially if it would make more financial sense to foreclose; moreover, not all sellers nor all properties qualify for short sales.  If you are considering buying a short sale property, there could be drawbacks. For your protection, I suggest that all borrowers/buyers obtain legal advice from a competent real estate attorney and tax consultant.