Californians can trace their real estate holdings to the times of Spanish land grants and beyond, and it is of more than historical value that each owner of real estate has dependable ownership and clear title to his property. The responsibility for insuring the smooth flow of land ownership over time falls in large part upon California’s escrow/title companies.
By far, the vast majority of real estate transactions in California involve the use of an escrow/title company. The escrow service acts as an independent stakeholder making certain that all conditions of the transaction have been met by all parties prior to releasing funds and transferring title. The title insurance function guarantees the continued transfer of clear title by insuring against any events which might threaten such clear title (see also: Ownership & Title Issues).
The San Jose real estate law office of Mike Hogan provides legal advisory and dispute resolution services (mediation/arbitration) regarding issues and disputes which involve escrow/title companies. San Jose real estate attorney Mike Hogan is more than an attorney who is keenly focused and knows real estate law, he’s also been a licensed real estate broker for more than 25 years with transactional experience as a residential and commercial real estate broker. During this time he has been involved in more than 600 residential real estate sales transactions including single family homes and apartment buildings, all of which used the services of an escrow/title company. San Jose real estate lawyer Mike Hogan’s extensive experience in dealing with escrow/title companies, coupled with his legal training and experience, make him superbly qualified to prosecute claims against escrow/title companies or to defend escrow/title companies against invalid claims.
How Can Real Estate Attorney Mike Hogan Help You?
In Transactions: Prepares and Reviews Escrow/Title Documents
The best way to minimize the odds of a future legal issue or dispute involving escrow/title companies is by use of thorough, clearly understandable, escrow/title documents. Mike Hogan will assist you in the preparation of these documents to ensure a smooth, clearly understood, and legally binding relationship between yourself and the escrow/title companies. If the paperwork has already been prepared, Mike can review it and advise you of any concerns or changes which should be implemented to protect your legal interests and minimize the chances of a future legal dispute. Mike Hogan represents clients in their dealings with escrow/title companies by the preparation and review of escrow/title documents including:
| • Escrow Documents | • Title Documents |
| • Other Related Documents |
When Disputes Arise:
Represents You in Alternative Dispute Resolution or Litigation
The first thing you need to know when confronting a legal dispute is where you stand in relation to the other parties. San Jose real estate lawyer Mike Hogan will give you an honest and realistic evaluation of your rights and responsibilities as well as the associated risks so that you fully understand the legal ramifications of your particular situation, including your chances of success.
Although litigation is always an option, it should be one of last resort as it is often the most expensive path to resolution. Instead, with your consent, Mike first seeks out a negotiated settlement to your dispute through negotiation and, if necessary, use of alternative dispute resolution techniques such as mediation or arbitration which often provide quicker and more cost effective dispute resolution when compared to litigation.
In the event that negotiation and alternative dispute resolution fail, leaving litigation as the only means to resolution, it is critical that it be done with the services of an aggressive attorney, one who will relentlessly represent your interests. San Jose real estate lawyer Mike Hogan will provide you with such representation.
Typical Areas of Dispute involving Escrow/ Title Companies
San Jose real estate attorney Mike Hogan can represent you in your dispute with escrow/title companies, regarding any legal issue, including the following:
See also: Ownership & Title Issues
| • Escrow Issues | • Negligence | • Closing Cost Errors |
| • Title Issues | • Misrepresentation (Fraud) | • Bad Faith Closing |
| • Title Insurance Issues | • Conflict of Interest | Cost Estimate |
| • Undisclosed Fees | • Closing Escrow with Insufficient Funds | • Trust Account Violations |
| • Excessive Fees | • Purchase Deposit Disputes | • Misuse of Escrow Funds |
| • Other related issues |