San Francisco Lawyer - Attorney Search Network works closely with a network of reputable San Francisco real estate attorneys and law firms who have proven experience and expertise in dealing with all legal issues involving San Francisco real estate law and are committed to providing the highest quality of competent legal representation.
If you or someone you know would like to get referred to a bar certified San Francisco real estate lawyer, contact us Toll Free at (800) 215-1190 or fill out our “Find a San Francisco Lawyer” form. A qualified San Francisco real estate lawyer will assist you in resolving your case efficiently and expeditiously.
San Francisco real estate law refers to all land, structures, anything growing on the land, and all "interests" in the property, which may include the right to future ownership. Property denotes the lawful control over things, objects, or land.
For the most part, states have exclusive jurisdiction over the land within their borders, and their law concerning the kind of interests that can be held and how they are created is not subject to federal law.
The following are explanations of select subjects included in San Francisco real estate law:
Mortgage
(Covered in Real Estate Law)
A mortgage is a document in which the owner guarantees a title to real estate to a lender as security for a loan described in a promissory note. To be enforceable the mortgage must be signed by the owner (borrower), acknowledged before a notary public, and recorded with the County Recorder or Recorder of Deeds. If the owner fails to make payments on the promissory note then the lender can foreclose on the mortgage to force a sale of the real estate to obtain payment from the proceeds, or obtain the property itself at a sheriff's sale upon foreclosure.
A purchase-money mortgage is one given by a purchaser to a seller of real estate as partial payment. A mortgagor may sell the property either "subject to a mortgage" in which the property is still security and the seller is still liable for payment, or the buyer "assumes the mortgage" and becomes personally responsible for payment of the loan. California is one of 14 states that use a "deed of trust" as a mortgage, in which the title is technically given to a trustee to hold for a beneficiary.
Home Equity Loan
(Covered in Real Estate Law)
Home equity loans are often used to consolidate other debt with higher interest rates such as credit card debt, or to finance costly expenses such as a wedding or educational expense. Two main types of home equity loans exist. The first type is the traditional second mortgage, and the second is a home equity line of credit
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