Real Estate Transactions
Facilitating your deals. Untangling roadblocks. Solving your clients' problems.
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Letters of Intent (LOIs)
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Letters of Mutual Understanding (LOMU)
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Lease review/negotiation/drafting
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Financing agreements including Deeds of Trust, Indemnity, Promissory Notes
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Title Insurance matters
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Purchase and Sale Agreements
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Sale-Leaseback Agreements
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Title examination
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Review and guidance regarding how easements, declarations, restrictive covenants, rights of way, and other title exceptions may impact the use and value of the property and the client's plans for the property
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Drafting easements and other title documents and deeds
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Communicating with title insurance underwriters on title exceptions
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Assistance with
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Clearing title liens
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Finding heirs and coordinating their participation if required
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Powers of attorney
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Reviewing applicable trusts affecting transactions
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The Foreign Interest Real Property Tax Act ("FIRPTA") affects transactions with non-citizen owners. It is essential to plan ahead to minimize tax consequences when your foreign clients invest in property. At Future Counsel, we assist as follows:
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Educating agents and clients on FIRPTA, its consequences, and minimizing/avoiding its impact
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Forming correct and effective entities for real estate investment by non-citizens
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Transaction guidance when FIRPTA applies, including
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Attorney opinion letter
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Negotiation with FIRPTA buyers
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Drafting agreements when applicable
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IRS communication and filings
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Tracking resolution of the matter
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If you want to add or remove a person’s name from your property title, gift a piece of property, or place your property into a trust or entity, a deed must be prepared to show the change in ownership. The exact requirements and formatting vary from county to county, so it is important to have a professional prepare your deed.
Instances where you need a deed drafted:
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Putting your property into your living trust
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When using a land trust in your real estate investing business structure
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After the death of someone who is listed on a deed
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Adding a new spouse to your title
At Future Counsel, we:
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Research the entire chain of title and the exact legal description of your property
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File and record the new deed
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When required, review by an attorney licensed in the jurisdiction of the real property
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Purchase and Sale of Residential Real Estate
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Settlements/closings
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Seller side representation
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Construction Agreements
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Mortgages and contracts for deed
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Title review/lien clearing
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Special warranty deeds
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General warranty deeds
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Quitclaim Deeds
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Executor’s deeds
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Deeds in lieu of foreclosure
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Drafting of residential leases
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Drafting of mortgages, promissory notes
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Drafting of easements and rights-of-way
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Residential tenant disputes
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Promissory Notes
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Deeds of Trust/Liens
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Sale/Leaseback Agreements
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UCC Liens
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Owner/Seller Financing
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Facilitating Loan Assumptions
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Facilitating 1031 exchanges
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Escrow agreements (negotiating, drafting and reviewing)
- Maintaining funds in escrow
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Bonded and insured
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NNA certified signing agent for real estate settlements; Title Producer License in VA/MD/DC
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As a lawyer, I will thoroughly explain all lender and other settlement documents and patiently answer questions
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Notary services (Virginia and Florida notary)
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E-notary services
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You don’t always need an attorney for real estate transactions, but when you do, it should be a smart, experienced, and motivated one. Our founding attorney has a title/settlement background, and a deep network of professional contacts including lenders, realtors, financial planners, underwriters, landlords, and business owners. We don’t leave any stone unturned, and communicate with you and your clients clearly for maximum understanding.
Every real estate transaction is important regardless of the price point or the stakeholders. It is crucial to be well informed on governing law and regulations. At Future Counsel, we provide valuable guidance on these matters so that you can successfully close deals.
No Attorney-client relationship is created by a request for consultation. Consultation requests should not include any confidential information or seek immediate legal advice, for this reason.
Courts admitted to practice in:
Virginia; Virginia Court of Appeals; Virginia Supreme Court
U.S. District Court, Eastern District of Virginia
U.S. District Court, Western District of Virginia
U.S. District Court, Northern District of California