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| LUTHENS LAW OFFICES |
| Des Moines Office |
| West Towers Building , Suite 206-24 |
| 1200 Valley West Drive |
| West Des Moines, Iowa 50266 |
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| Colfax Office |
| Luthens Law Building |
| Eight West Howard Street |
| Colfax, Iowa 50054 |
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| Telephone: (866) 579-3816 |
| Email: info@luthenslaw.com |
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| The workers compensation & personal injury claims and settlement attorneys at the Luthens Law Offices, P.C. are dedicated to serve their clients in central Iowa, including the cities of West Des Moines, Colfax, Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, and Des Moines counties. |
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REAL ESTATE | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS |
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I. Brokers
II. Contracts and Transfers
III. Mortgages and Foreclosure
IV. Deeds
V. Home Inspection
VI. Closing
VII. Glossary
VIII. Internet Resources |
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Contracts and Transfers
Real estate purchase agreements are governed by contract law. These agreements must therefore:
- Be in writing.
- Be marketable (free of encumbrances, liens, or other title defects).
Real estate buyers generally employ an attorney or title insurance company to research the title. This process, called a title search, involves examination of the public records.
The title searcher will go through the county’s public records and assemble a chain of title by finding all recorded deeds for the property in question and the current property owners. He or she will also look for encumbrances on the property. Encumbrances include but are not limited to:
- Mortgages.
- Unpaid taxes.
- Legal judgments.
- Municipal improvement liens.
- Government claims.
- Foreclosures.
- Easements.
- Covenants.
- Condemnations.
A title insurance company insures the buyers against losses caused if the title is discovered to be invalid. The seller is required to execute and deliver a deed which includes a legal description of the land. Most states require that this deed be officially recorded to establish ownership and notice of its transfer. The title company will also complete the same searches on the potential buyers that may reveal encumbrances that could be attached to the new title, affecting any mortgages or liens.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
Copyright © MMVII JAKOBIE
If you would like to schedule a free initial consultation contact an attorney representing clients in Council Bluffs, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com. |
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