Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I purchased a home in Naples, Fl and paid cash - no mortgage.

The closing attorney insisted to...
I purchased a home in Naples, Fl and paid cash - no mortgage. The closing attorney insisted to the point of refusing to do the closing, unless I paid for owners title insurance. I understand why mortgage lenders require the coverage, but not the lawyer. He has a malpractice policy and I pay a fee for his services which I assume includes part of that premium. I would assume that the demand for an owners policy is simpely a method to increase his fee without showing so on his statement. I am aware of the fact that he recieves a portion of the owners policy fee (usually 50%) for writing the policy. Is the refusal to do the closing without paying for an owners policy for a cash purchase ethical. (Incidentally, five (5) other firms also refused too, without an owners policy purchase.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
7/28/2013
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,388
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Verified

Hello there.

-

I absolutely do not blame you and unless there is some indication of a problem in the title documents, there is no reason to purchase an Owner's policy. In fact, I advise people not to purchase them all the time. This is something new to me as well -- attorneys in that area must be getting so desperate for fee money that they are pulling this type of game at the moment. My suggestion is to keep calling around to find an attorney who will handle the closing without forcing an owners policy that you do not need on you. However, I do not know of anything that makes this practice unethical -- because as you know yourself, an attorney has pretty much the absolute power to accept or turn down work and unless there is a discriminatory reason behind the refusal to perform the work (race, age, etc) then the client really has no recourse on this matter. My suggestion is to make a "general" complaint to the Florida bar and let them know what is happening in their state -- while it will probably not get immediate action, it may put this matter on their radar screen to take a closer look at as a practice that they might want to start prohibiting.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger for Just Answer to pay me for my time assisting you today. THANK YOU

Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,388
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Verified
Legalease and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


I rated the response. You should be getting paid. If not, please call me (239 304-9289) as I must be doing somenting wrong with the response request. This is the 2nd request so it must be me, not you. Response was in line with what I had deductd, but was just irritated at what at least I believe was a lack of professional courtesy at the least.


 


E. W. Wallhausen

Hello again -

-

The payment went through without an issue. I do not understand why you would be getting a second request for payment for this question. If you do , please contact customer service regarding this issue.

-

Thanks

MARY

Ask Your Own Real Estate Law Question
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I have a copy of someones mortgage, and was looking to see
i have a copy of someones mortgage, and was looking to see what we could leverage in the agreement to do seller financing or have myself assume the mortgage. … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
I recently purchased a 1st. position mortgage in, New
I recently purchased a 1st. position mortgage in Elizabeth, New Jersey. The mortgagee is delinquent and will not pay, I want to start foreclosure proceedings but I found out that the mortgagee had pre… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
According to RESPA.... can a realtor send a mortgage loan
According to RESPA.... can a realtor send a mortgage loan officer a printed marketing checklist to help them with their marketing efforts as a promotional tool for the realtor? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I have a three acre parcel, with an outstanding mortgage of
I have a three acre parcel, with an outstanding mortgage of about $25K. I want to pay off the mortgage and sell the property for cash to my son, who may develop it in the future. What legal services, … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
Is it legal for a mortgage lender to require the borrower to
is it legal for a mortgage lender to require the borrower to cancel credit cards as a term of qualification? This in effect forces them to hurt their credit worthiness for the future by unseasoning cr… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,305 satisfied customers
My husband passed in 2014. I was not on the mortgage. the
my husband passed in 2014 . I was not on the mortgage. the bank allowed me to pay the mortgage off after my husbands death, but kept the deed in my husbands name. how do I get the house in my name … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have a mortgage with a lender that I am not comfortable
Good morning. My name is***** have a mortgage with a lender that I am not comfortable with. Since 2015 I have been trying to move my mortgage over to an escrow account knowing that I was going to reti… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,305 satisfied customers
My mortgage company is charging me an unknown fee that is
Second opinion] My mortgage company is charging me an unknown fee that is unusual. My loan was transferred about a year ago. My previous mortgage company never use to charge me this type of fee. Is th… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
Second Mortgage with a bank different than the first
Second Mortgage with a bank different than the first mortgage holder . Second Mortgage holder just sent me a letter stating I had 14 days to clear this up, or they would begin foreclosure proceedings.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a mortgage note, and the deed restrictions state,
I have a mortgage note, and the deed restrictions state, that I am to preserve this liens priority as it is established in this deed of trust. I have some taxes to pay and want to take out a tax loan.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
My mortgage is under loan modification and it has a clause
my mortgage is under loan modification and it has a clause can sell and have a have balloon payment at maturity of the loan? Is this legal? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In a mortgage on a condo that is jointly owned by where both
Second opinion] In a mortgage on a condo that is jointly owned by where both spouses are cosigners on the mortgage, how can one spouse get their name removed from the mortgage?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
In a mortgage on a condo that is jointly owned by where both
In a mortgage on a condo that is jointly owned by where both spouses are cosigners on the mortgage, how can one spouse get their name removed from the mortgage? … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
My mortgage lender wants to do an inspection of the property
my mortgage lender wants to do an inspection of the property do they need a reason. ? And can I stop it ?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In Ohio do mortgage note buyer have to record that they are
In Ohio do mortgage note buyer have to record that they are the owners of my mortgage within a certain timeframe? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
If the title to the home and mortgage is in both spouses
If the title to the home and mortgage is in both spouses names, but one dies, should the other change the name on both in order to sell or bequeath the home? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
If I am not the holder of the Mortgage, but the deed as
If I am not the holder of the Mortgage, but my name is ***** ***** deed as tenants in common. How can I get my name off of the deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is there a time limit for banks to approve a mortgage.
Is there a time limit for banks to approve a mortgage … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x