Content Related To 'Real Estate Law'

Security Agreements and Mortgages

Mortgages and Security Agreements—The Establishment of Collateral When a lender advances money to the purchaser of residential or commercial real estate, two documents are executed with respect to the repayment of those funds: A promissory note sets forth the terms of repayment—how much interest will be paid, how many years the borrower will take to […]




Sublease Law : Right to Sublease an Apartment

States differ on whether a tenant may sublease an apartment without the express permission in the tenant’s lease or consent from the landlord. If your lease permits subleasing, the fact that your landlord does not consent to it should not deter you from subleasing. If your lease does not allow subleasing or is silent about […]




May 3, 1948: The Supreme Court rules that covenants prohibiting the sale of real estate to minorities are unenforceable

Restrictive covenants created segregated neighborhoods by prohibiting homeowners from selling real estate to nonwhites, Jews and other ethnic groups. Because these covenants were private agreements, some people argued that no state action was involved in creating segregated neighborhoods and, thus, they did not violate the 14th Amendment. Such covenants were especially common in the North, […]




COLUMN: The Law in Real Life: Court Upholds Condo Board’s Removal of Mezuzah Despite Discriminatory Effect on Jewish Residents

COLUMN: The Law in Real Life by Linda Holmes, J.D. Court Upholds Condo Board’s Removal of Mezuzah Despite Discriminatory Effect on Jewish Residents Sept. 22, 2008 Lynne Bloch has lived in her Chicago condo with members of her family for more than 30 years. In fact, she’s on the condo board, which passed a regulation […]




Real Estate Law

Real Estate Law Websites General ABA Section of Real Property, Trust & Estate Law – Links to member information, CLE courses, publications (e.g., Probate and Property Magazine), and other resources. Real Estate Transactions – Offers an overview of this area of law. Also links to federal and state statutes, important case law, and more. Real […]




Loan Documents and Mortgages

Lea en español Mortgage Documents A mortgage involves two important legal documents: a promissory note and either a mortgage document or deed of trust. The Promissory Note The promissory note (also called a mortgage note or real estate note) is a note the buyer gives to the lender promising to repay the amount of the […]




Real Estate Contracts

Lea en español The Laws Governing Real Estate Contracts The purchase or sale of real property is governed by both common law (judge-made law), and by state and federal statutes (enacted by state legislatures or Congress). As a result, the requirements for a valid and enforceable real estate contract vary from state to state. Real […]




Housing discrimination

Housing discrimination can take many forms. If you suspect that decisions about your housing have been impacted by race, national origin, sex, religion, disability or other issues, you may be eligible for assistance under the federal Fair Housing Act. Keep careful record of all dealings and contact an attorney right away. HUD also makes it […]




The American Dream — or Not: What the Subprime Mortgage Lending Crisis Means to Americans

The American Dream — or Not What the Subprime Mortgage Lending Crisis Means to Americans by James R. Nowlin III, Esq. Feb. 28, 2008 What was once the fast track to home ownership is now one of the weakest links in America’s economy. The subprime mortgage lending meltdown has had a dramatic impact on the […]




Real Estate Law

Lea en español You’ve been saving for a down payment for your own place…or the family’s growing and you need more room…or the kids are on their own and it’s time to downscale. When you are looking to buy, sell or rent real property, the more you know about the law, your rights and your […]