Residential & Commercial Real Estate

Residential & Commercial Real Estate by Dominic P. Lascara, PLC in Chesapeake, VA

For years, individuals throughout the area have turned to Dominic P Lascara, PLC in Chesapeake, Virginia, for their real estate legal needs.

All Aspects of Real Estate

Buying and selling real estate is tricky business. Ensure a smooth transaction with help from Mr. Lascara, an experienced real estate attorney. As an attorney, he handles all aspects of real estate, including representation of buyers and sellers.

Buying a home or refinancing your mortgage is often a person's most important financial transaction and many times their largest investment. The process is fraught with technicalities and potential conflicts among the buyer, seller, real estate agents, title insurance company and lender. As a practicing real estate attorney for over 29 years, I know and understand the closing process and have dealt with many of the pitfalls. While title and escrow companies may seek to handle your real estate settlement, only your attorney can truly represent you.

There are many issues that arise in a real estate transaction, with some resulting in problems that cannot be resolved without an attorney's assistance. The validity of a previous deed and other recorded or unrecorded instruments, the need for a physical survey of the property showing all of the improvements, the question of having all of the necessary parties to the transaction, the effect of estate taxes and claims, easements, encroachments, liens, judgments, and powers of attorney, concerns of wood destroying insect infestation, fungus, standing water and structural moisture damage, as well as all general contractual matters, may all require a legal opinion.

Under Virginia law, only an attorney may prepare legal instruments for another party and only an attorney can offer you legal advice and explain the legal implications of documents, such as the deed, note and deed of trust and address your legal concerns. One of the most common problems we encounter today is unreleased mortgage liens on properties. With many loans today being done over the internet or through out of state lenders and brokers where loan packages are sent directly to borrowers' homes, along with inexperienced settlement and escrow companies handling payoffs of existing loans, we are constantly have to go behind others to clean up problems.

Finally, settlement fees are very competitive and you should be very careful when calling for fee quotes. Many companies quote low settlement fees, but more than make up the 'savings' by overcharging for other title related services. I look forward to helping you with all of your real estate needs.

Short Sales

What is a short sale? A short sale is a transaction in which the lender or lenders agree to accept less than the mortgage amount owed by the current homeowner. In some cases, the difference is forgiven by the lender, and in others the homeowner must make arrangements with the lender to settle the remainder of the debt.

Why is the number of short sales rising? Due to the recent economic crisis and drops in home prices in communities across the nation, the number of short sales is increasing. Since a short sale generally costs the lender less than a foreclosure, it can be a viable way for a lender to minimize its losses. A short sale can also be the best option for a homeowners who are “upside down” on mortgages because a short sale may not hurt their credit history as much as a foreclosure. As a result, homeowners may qualify for another mortgage sooner once they get back on their feet financially.

Landlord/Tenant Law

Landlord/Tenant issues can be complicated. As a Landlord, one needs to be sure that they are protected by the provisions of the lease agreement. At the same time, as a Tenant, you need to be sure that you are protected from a potentially overly harsh Landlord and a one-sided agreement. As a result, parties to a rental agreement need to have an attorney that can assist and counsel them throughout the entire Landlord/Tenant experience.

Dominic P. Lascara, PLC is here to protect both Landlords and Tenants. Whether it be reviewing a lease agreement to ensure adequate protection, helping to resolve a dispute between a Landlord and a Tenant, or collecting money that is owed to either party, we are experienced professionals to help serve your needs.

If you are experiencing an issue with your Landlord or Tenant or simply want to establish a relationship with an attorney with whom you can consult throughout the leasing process, our firm is here to help.

Partition Suits/ Suits to Quiet Title

Many people do not realize that any co-owner of real property can force the sale of that real estate. This can be done through the Circuit Court in the City where the property is located by filing a “partition suit.” In order to properly file and handle a partition suit, the proper complaint must be filed, along with utilizing the services of experts, such as real estate appraisers and title examiners. Partition suits can often be complex and detailed, requiring the expertise and advice of an experienced attorney.

Likewise, there are occasions where an individual thinks that he or she owns a piece of property that was never actually deeded to him or her or there may be a defect or “cloud” on the title to one's property. That individual may need to file a suit to quiet title and have a court of law decide who owns the property, along with determining any rights of others to that property. Once again, a suit to quiet title can be detailed and involved, requiring the expertise and advice of an experienced attorney.

Encroachments and Boundary Disputes

When an individual realizes that a neighbor is encroaching on his or her property or that his or her property is encroaching into a neighboring property, it can be difficult to determine how to deal with the issue. Do you ask the neighbor to move the encroachment or allow the encroachment to remain on your property? Similarly, when an individual discovers that what he once thought was his property actually belongs to his neighbor, how does he determine what course of action to take?

Dominic P. Lascara, PLC is here to counsel you to handle any encroachment or boundary line issues. Whether it be drafting an agreement to allow your neighbor's encroachment to remain on your property or filing a lawsuit to force the removal of the encroachment, we are experienced professionals to help serve your needs.