Property Law

Community Property Explained

Community Property Explained

Community property is a legal principle regarding marriage and its disposition between the married parties. It is implemented only in nine states in America, which are Arizona, Idaho, Nevada, Texas, Wisconsin, California, Louisiana, New Mexico, and Washington. Community property essentially refers to the idea that any property which the parties within a marriage might gain while being married to one another is community property. 
This means that neither party involved in the marriage actually owns these community properties, while both can lay some claim to the community properties. If, for example, a husband and wife were to buy a house together after they got married, then under the rules of community property as they might exist in the state where the husband and wife were married, the house would be owned half by the husband and half by the wife, even if the vast majority of the money for the house were to come from one or the other, as opposed to both together. 
This is of particular importance for divorce cases, as all the properties which are considered community properties would then have to be divided among the different parties in the marriage, such that they were given an absolutely equal share of the community properties.
Each of the states that use the basic notion of community property has its own specific rules and regulations regarding the enforcement of the concept of community property. This is significant as community properties in one state will not be treated the same as community properties in another state.

The Hard Facts on Foreclosure Property

The Hard Facts on Foreclosure Property

A foreclosed property is a property which has been foreclosed on, meaning that the property has been sold in order to pay off a debt taken on by the property’s owner. This is not an absolutely correct or technical definition of property foreclosure, but it is functional for the vast majority of cases in which a foreclosure property is discussed. 
If an individual takes out a mortgage on his or her house, he or she is essentially taking a loan with the house as collateral. If the individual then does not pay the loan appropriately, as per the terms of the original deal, then it may be possible for the lender to foreclose on the property, thereby allowing that lender to auction away the property and take the proceeds to help pay off the loan.
Foreclosure properties, then, may often be obtained by potential buyers at lower costs than the property might have gone for had it been sold regularly, as a result of the nature of foreclosure properties and auctions. As such, numerous individuals interested in foreclosed property may use some form of search tool designed to look for instances of property foreclosure and thereby help searchers to become involved in any auctions of that foreclosure property. 
Many websites performing this function exist, allowing individuals to easily find any recently foreclosed property in the area, based on public records. From the perspective of a property owner, however, it is likely desirable to do everything in one’s power to avoid going through property foreclosure, as foreclosure property can leave an individual in dire straits.

Buying a Bank Owned Property

Buying a Bank Owned Property

A foreclosed property might become a bank owned property through the normal course of procedure for dealing with foreclosed property. A foreclosed property might be put up for auction, in order to provide money to pay off the debts which were the initial cause of foreclosure. 
But in most instances, this auction is unlikely to generate any actual sale, as the auction prices will be dependent upon the size of those debts, and if the property were easily sold to pay off the debts then it might never have been foreclosed on in the first place. 
As such, a foreclosure auction is relatively unlikely to result in a sale and the property in question will revert to being a bank owned property after the unsuccessful auction. Bank owned properties are also sometimes called REOs, or Real Estate Owned properties.
Bank owned properties are owned wholly by the bank, and the bank thus has all responsibilities towards those properties. This means that a bank is responsible for evicting any current tenants from a bank owned property, and a bank is also theoretically responsible for maintenance of the property in question. 
An individual interested in buying a bank owned property should then be able to go to the owning bank and negotiate a deal. Bank owned properties may sometimes go for less than they might have on the original market, but this is not always the case, as banks are still trying to ultimately profit from selling bank owned properties.

What are Historic Properties

What are Historic Properties

Historic properties are those properties and buildings which are considered historic, whether it is because they have been in existence for a very long time, or because they hold some particular kind of historical relevance for the area. Historic properties are, in general, owned, sold, and bought in the same fashion as any other kind of property, as historic properties are ultimately still just properties.
Exceptions to the basic nature of historic properties would likely only arise when these historic properties are particularly historic, and they are in some capacity protected by the City Council or some other form of government within the city, or even the state. 
Council properties, then, might be secured by the government that wants to protect those properties; this would then give that government full title to those properties, thereby disallowing anyone else from attempting to make changes which might alter the historic properties to their detriment.
Many major cities also have some form of Council on Historic Preservation, as well. Such a council might be linked to the government in some capacity, but it might also be entirely independent. 
Regardless, such councils often have rights to a number of different council properties which they own because they wanted to protect those historic properties. Most often, such council properties will not be sold or exchanged with any given individual, as the historic properties may simply reside in the control of the council, so that the historic properties might best be preserved, or they might be sold to individuals whom the historic council was sure would treat the properties appropriately.

General Growth Properties

General Growth Properties

General Growth Properties is a company that deals primarily in real estate investment and income property, meaning property used by General Growth Properties for the sake of generating income. General Growth Properties focuses on income property such as shopping malls, primarily, and it has some interest within over 200 shopping malls spread throughout America. 
General Growth properties does focus on other forms of income property as well, such as master planned communities, of which there are several which General Growth Properties has some significant interest in. 
General Growth Properties often attempts to create shopping malls as developments for lands which it might own as income property, with these shopping malls being designed for a specific purpose within the area. For example, General Growth Properties has an income property which is the largest open-air shopping mall anywhere in the world, oriented for its environment in Hawaii.
As of the current time, however, General Growth Properties is in the process of being bought by Simon Property Group, or potentially by other companies interested in income property. This is because General Growth Properties encountered significant bankruptcy issues in 2009, and it is now attempting to have itself sold in order to help solve these issues. 
In such a case, the income property owned by General Growth Properties would go to whoever buys the company. In general, however, General Growth Properties is significant to the average American for how much income property it holds all across the country, and how integrated that income property may be within the lives of those individuals in those areas.

What are Luxury Properties

What are Luxury Properties

Luxury properties are not definitively separated from non-luxury properties, but in general, luxury properties are those properties which are considered tremendously more valuable and oriented for luxury than average properties. Luxury properties include what are traditionally conceived of as mansions, as well as exorbitant beach houses and other forms of vacation property. 
Indeed, in some of the more prominent vacation spots throughout the world, almost all vacation property is luxury property, as a result of the sheer costs associated with owning vacation property in such a location. Luxury properties can often cost a million dollars or more, depending upon the exact nature of the luxury properties in question. 
As mentioned above with regard to vacation property, one of the most important elements to the cost of such luxury properties is their location, as the same house located in two different locations might cost two entirely different amounts. A vacation property in a particularly desirable location would likely be all the more considered a luxury property if that area had higher prices in general.
Luxury properties are generally outside of the means of the vast majority of American families. Vacation property, in a more basic form, is not unreasonable, as many families may have a vacation home in some other location than the primary home of the family, but these vacation properties may not be luxury properties. Luxury properties are defined by the cost, the location, and the amenities and features, including size, of those properties, meaning that a vacation property is by no means necessarily a luxury property.

Understanding Loan Against Property

Understanding Loan Against Property

A loan against property is a form of secured loan. A secured loan is a loan which is supported or secured by the addition of some amount of collateral into the loan. The idea behind secured loans like a loan against property is that if the borrower defaults on the loan, then the collateral property involved in the loan would be available to the creditor for seizure to pay off the loan. 
A loan against property and other forms of secured loan might sometimes assist an individual in obtaining a loan where otherwise he or she might have been unable to obtain a loan, as the lender would have assurance of some form of payment, regardless of whether or not the borrower actually made a direct payment to the lender.
A loan against property specifically involves a loan against the title of a real estate property, such that if the borrower defaults on the loan, the lender will be able to seize the property and thus all, or at least a significant number, of property rights of the property. 
A loan against property might be made against a rented property, a house, or even an empty piece of land owned by the borrower. A loan against property will also often involve interest rates, meaning that the borrower will have to pay interest on the loan or else the lender will have the right to seize the collateral property involved in the loan.

Find Information Through Property Listings

Find Information Through Property Listings

Property listings are listings of real estate properties available for purchase. A buyer might search through property listings in order to find an appropriate property listing that fits the criteria that the buyer is using, and a seller would certainly want to ensure that his or her property is listed in property listings, so that a buyer might be able to find it.
 
 
 A property listing in the modern world can often be found on a website, as there is any number of different websites that would allow the owner of a given property to put up a listing on his or her own, thereby facilitating sale of a property by its owner, without the use of a realty agent. But a property listing might also be found on the website of a particular realty agency, as well, as many larger realty agencies have property listings for the properties that they are serving readily available to prospective buyers. 
 
 
Property listings can also often be found in magazines and even in newspapers. In some instances, a seller might choose to put a property listing into the classified ads section of the newspaper.
 
 
A property listing is likely to include the most pertinent information about a given property. Such information would obviously include a short description of the location, the address of the location, and any physical characteristics of the property. 
 
 
For example, a property listing would tell prospective buyers how many bedrooms and how many bathrooms a given property might have, and how many square feet the property encompasses. Property listings would also likely cover the price of the property, and the year in which the property was built.

What are Property Solicitors

What are Property Solicitors

Property solicitors are those individuals who help to convey properties from one owner to the next owner. As such, property solicitors are often known as conveyances. The purpose of property solicitors is to help smooth over the actual transfer of ownership in terms of the legalities and necessities of that process. 
Property solicitors are thus somewhat similar to realty agents, but very often property solicitors are property lawyers whose legal expertise is crucial in conducting the overall conveyance of the property. Property solicitors are not absolutely necessary for the process of transferring property from one owner to the next, as it is theoretically possible for a property owner him or herself to conduct the process without any aid from property solicitors. 
But sometimes, for an individual who has no knowledge of the process in question, property solicitors are a good idea to ensure avoidance of any possible problems in the transfer of that property.
Property solicitors often function as agents acting on behalf of their clients. This means that property solicitors might be the individuals who actually draw up the contracts involved in the transfer of property. Property solicitors might also assist property owners with the registration of elements of the property transfer that must be registered with a local government office. 
The cost of property solicitors, particularly property lawyers, is likely to be similar to the costs of lawyers in general. Depending upon the property solicitors in question, the cost might be fixed at the start of the service, or it might be dependent upon hours spent on the project.

Be Savy and Know the Real Estate Values

Be Savy and Know the Real Estate Values

Real estate values are the amounts for which given properties can be expected to go during a sale. The real estate value of a given house is determined by a number of different factors involved in that house, including the exact physical characteristics of the house, the quality of the house, the size of the house, and any special additions which the house might have. 
Furthermore, the exact location of the house would have a significant effect on the house’s property value. This is true even for land property which does not have any building upon it, as the location of that land property will likely ultimately be the source of any determination of the land property’s real estate value.
Property values are also likely determined in large part as a result of property valuation conducted by professional appraisers, often hired by local government for the purposes of determining taxes. These appraisers will be able to determine, based on the aforementioned factors and several more concerned primarily with the market surrounding the property under examination, the fair market value of the piece of property. 
This fair market value, then, is the most basic, fundamental determination of real estate value available for any given piece of real estate. Real estate values might be inflated, however, when encountered in terms of the asking price of a seller for a given property, because the seller might either be hoping to get more, or the seller might be expecting to be haggled down from the high price, and thus wants to set the original real property value of the house as advertised at higher than he or she would like to receive.