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Real Estate Law by State

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Alabama Alabama Real Estate Law: disclosure file, deadline control, and when review matters Non-judicial foreclosure primary (§ 35-10-1): power of sale in mortgage; 3-week newspaper publication (once/week); 60-90 day timeline from default to sale (vs. SC's 6-18 months judicial); deficiency judgment available within 2yr of sale (§ 6-5-247); 1-YEAR right of redemption after sale (§ 6-5-248, 10% annual interest) — purchasers must account for this Alaska Real Estate Law for Alaska: a clearer read on contract notice, response timing, and what the file needs first Alaska uses 29 Recording Districts (not county recorders); race-notice recording system; no deed transfer tax; ~60% of Alaska is federally owned — private land is ~11% of state total; title must trace back to federal patent Arizona Arizona Real Estate Law explained: what actually drives the file, county records, and before deadlines close options Non-judicial trustee's sale foreclosure: 91-day minimum notice period (A.R.S. § 33-807); entire process ~90-120 days — among the fastest in the country Arkansas Arkansas Real Estate Law: why title issues, county records, and decision sequencing matter early Arkansas = primarily MORTGAGE state; permits deeds of trust with nonjudicial power-of-sale foreclosure under ACA § 18-50-101 et seq. (Act 53 of 1931). Two foreclosure paths: (1) Judicial: file suit → judgment → public sale; borrower has 12-MONTH REDEMPTION right (ACA § 18-40-108); slow (6-12+ months). (2) Nonjudicial (Act 53): deed of trust with power-of-sale; publication 4 consecutive weeks; mailing to borrower; NO POST-SALE REDEMPTION — sale is final immediately. Lender preference: nonjudicial for speed + finality. No statutory fair market value floor on deficiency (contrast Nevada NRS § 40.455 + Iowa § 654.18). California California Real Estate Law: property timeline, record discipline, and when review matters Non-judicial foreclosure: Notice of Default → 90-day reinstatement period → Notice of Sale → trustee's sale; no court required Colorado Colorado Real Estate Law: notice handling, the filing discipline that keeps leverage intact, and the next review point worth slowing down for Public Trustee non-judicial foreclosure (§ 38-38-100.3): county Public Trustee (not private trustee or court); 90-120 day timeline for uncontested cases; right to cure until 15 days before sale; 75-day post-sale redemption; no anti-deficiency statute Connecticut Sorting out real estate law in Connecticut: occupancy conflict, deadline control, and what deserves review first Connecticut STRICT FORECLOSURE (CGS § 49-24): court sets "law days" in reverse lien priority; each lienholder/mortgagor redeems by paying FULL DEBT on their law day; no redemption → title vests automatically in mortgagee (no auction, no sale); used when property value ≤ mortgage debt; foreclosure by sale (CGS § 49-25) used when property value > debt (surplus distributed to junior lienholders then borrower); deficiency judgment (CGS § 49-14): debt minus appraised FMV; redemption right until close of mortgagor's law day Delaware Delaware Real Estate Law Guide: county records, title issues, and what deserves review before response Delaware realty transfer tax: Del. Code Ann. tit. 30, sec. 5401+; STATE RATE = 2% of consideration; all 3 counties add 1.5% local transfer tax = TOTAL 3.5% in standard New Castle County + Kent County + Sussex County transactions; SPLIT 50/50 between buyer and seller BY CUSTOM (negotiable); City of Rehoboth Beach adds additional 2% municipal transfer tax (total approximately 5.5% for Rehoboth Beach sales = one of higher Mid-Atlantic total transfer tax rates). First-time homebuyer exemption: state rate reduced to 0.5% for first-time buyers who will occupy as principal residence (up to specified price limits). Transfer tax exemptions: family member transfers (parent/child + sibling-to-sibling + spouse-to-spouse) + transfers pursuant to divorce + government agency acquisitions. Sussex County coastal market: Rehoboth Beach (~1,500 year-round residents; home prices = $500K+ for smaller condominiums → $5M+ for ocean-front/oceanblock homes; summer rental = $3,000-$8,000/week); Lewes (oldest DE city; Delaware Bay; ~3,000 year-round; significant historic downtown + Canal Road/Route 9 commercial development). Delaware NO STATE SALES TAX; property taxes (administered by 3 counties) = among LOWEST in Mid-Atlantic (Kent County + Sussex County rates well below PA + NJ + MD + NY); no inheritance tax on Class A beneficiaries (spouse + children + grandchildren + parents) = makes DE real estate investment attractive to neighboring high-tax state residents. Delaware attorney involvement: no legal requirement for attorney; closings typically have closing attorney (representing lender) or settlement/title company; buyers strongly advised to retain own counsel for complex purchases (commercial + investment + estate + distressed sales). Florida Florida Real Estate Law: why contract notice, occupancy conflict, and evidence timing matter early Unlimited homestead value protection from judgment creditors (Art. X § 4) — one of America's strongest debtor protections Georgia Georgia Real Estate Law: the timing points that turn a routine issue expensive, occupancy conflict, and without flattening the problem into generic advice Non-judicial foreclosure: ~60 days from notice to sale (first Tuesday of month at courthouse); no post-sale redemption right Hawaii A clearer Hawaii Real Estate Law page: contract notice, property timeline, and before timing gets tighter Hawaii LEASEHOLD system (unique nationally): LEASEHOLD = buyer owns improvements (house/condo unit) but LEASES land from landowner under ground lease; FEE SIMPLE = buyer owns land AND improvements. Bishop Estate / Kamehameha Schools: ~360,000 acres (~9% of Hawaii total land area); largest private Hawaiian landowner; land held in trust for Native Hawaiian education under Princess Bernice Pauahi Bishop's 1884 will; residential ground leases in Kalihi/'Āliamanu/Salt Lake/Mililani on O'ahu. Leasehold risk: ground rent renegotiation at specified intervals (every 10-25yr) → rent can skyrocket based on current land values → financial hardship for fixed-income leasehold homeowners. Leasehold DISCOUNT: leasehold properties sell for significantly less than comparable fee simple. Land Reform Act (§§ 516-1): allows sitting leaseholders to compel large landholders (5+ residential lots) to SELL land via condemnation if refused. Upheld in Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984): US Supreme Court held redistribution of concentrated land ownership = legitimate "public use" for 5th Amendment takings/eminent domain. Idaho Real Estate Law in Idaho: how county records and response timing shape the early file Idaho Deed of Trust Act (§§ 45-1501): nonjudicial foreclosure (trustee's sale); process: NOD recorded + mailed → 30-day waiting period → NOS recorded/published 4 weeks → trustee's auction ≥150 days from NOD. NO STATUTORY REDEMPTION after trustee's sale (unlike KS 3-month/12-month or IA 6-month; purchaser's title final after sale). Judicial foreclosure (mortgage instrument): court action → 6-MONTH redemption right for former owner (reason lenders prefer deed of trust). Anti-deficiency protection § 45-1512: lender who completes NONJUDICIAL foreclosure (trustee's sale) BARRED from seeking deficiency judgment against former homeowner (significant borrower protection distinguishing ID from most states). Fair value limitation in judicial foreclosure: deficiency = debt minus GREATER of sale price or FMV. Illinois Illinois Real Estate Law strategy: county records, occupancy conflict, and what deserves review before response Judicial foreclosure: IMFL requires court proceeding; 7-month redemption right for residential owner-occupants after judgment Indiana Real Estate Law in Indiana: what to sort out first, property timeline, and disclosure file Judicial foreclosure state (I.C. § 32-29-7-1): all foreclosures court-supervised; 6-18 months from default to sheriff's sale; mandatory mediation available (HEA 1394 2009) Iowa Iowa Real Estate Law: why occupancy conflict, contract notice, and record discipline matter early MORTGAGE STATE (not trust deed); JUDICIAL FORECLOSURE required: §§ 654.1-654.26; petition → 20-day response → judgment → sheriff's sale (public auction, county sheriff) → sheriff's certificate (not deed). Redemption period: § 654.15 = 6 months (≤10 acres/residential) or 12 months (>10 acres/agricultural land); former owner stays in possession during redemption. Deficiency: § 654.18 fair market value standard (not depressed auction price). "Waiver of redemption" agreement possible if voluntary + court-scrutinized. Kansas Real Estate Law in Kansas: the early file behind disclosure file, title issues, and real next steps Kansas = mixed mortgage + deed of trust state (title theory historically). Deed of trust → nonjudicial foreclosure KSA § 60-2413 (faster; no court; power-of-sale clause required); lender prefers. Mortgage → judicial foreclosure: district court petition + sheriff's sale + sheriff's certificate → sheriff's deed after redemption. REDEMPTION RIGHT KSA § 60-2414: 3 months (residential) or 12 months (agricultural or debt >2/3 appraised value); former owner redeems by paying purchase price + interest + costs; creates post-sale uncertainty for foreclosure buyers. Deficiency judgment: debt minus HIGHER of sale price or FMV at sale (fair-market-value credit prevents lender low-sale manipulation). Kentucky Sorting out real estate law in Kentucky: contract notice, document control, and what deserves review first Broad Form Deed Amendment (KY Const. § 19(2), 1988): retroactively prohibited strip mining without surface owner consent; result of decades-long advocacy by eastern KY surface owners; mineral rights SEVERED from surface in most eastern KY counties (Pike/Floyd/Letcher/Harlan/Bell/Perry/Knott); title examination must trace BOTH surface title chain AND mineral title chain; coal royalties, oil/gas leases = separate property interests Louisiana Real Estate Law in Louisiana: where early mistakes cost the most, the review moments that actually change outcomes, and what usually shifts earliest Civil Law property terminology: predial SERVITUDES (not easements; La. C.C. Arts. 646-774) run with land; natural/legal/conventional categories; extinguished by 10yr NON-USE (Art. 753) — unique to LA Civil Law; right of passage Art. 689 (enclosed estate = right to access nearest public road with compensation to servient estate owner); title examiners must search for predial servitudes Maine Real Estate Law in Maine: where the first pressure builds, the timing points that turn a routine issue expensive, and what usually shifts earliest Maine Transfer Tax: 36 M.R.S. § 4641-A; $2.20/$500 consideration (or fraction thereof); split equally buyer/seller ($1.10 each per $500); $300K home = $1,320 total ($660 buyer + $660 seller). Exempt: will/trust settlement transfers + government body conveyances + certain nonprofit transfers + new manufactured housing sales. ATTORNEY CLOSING REQUIREMENT: licensed ME attorneys conduct all closings + certify title + manage fund disbursement. Shoreland Zoning Act (12 M.R.S. § 438-A; enacted 1971): all municipalities must adopt shoreland zoning; applies within 250 feet of great ponds (10+ acres) + rivers/streams + coastal wetlands; restrictions = 100-foot building setback from high-water mark + 75-foot "no-cut" vegetation buffer + impervious surface limits + subdivision restrictions. Municipalities may enact STRICTER standards. Sebago Lake (Cumberland/Oxford counties; 28,771 acres; 2nd-largest ME lake; Portland metro drinking water): Portland Water District watershed protection regulations + surrounding town shoreland zoning (Standish/Windham/Raymond/Casco/Naples/Sebago/Baldwin) = very strict. Moosehead Lake (Piscataquis County; 74,890 acres; largest ME lake; 40+ miles): majority of shoreline in Unorganized Territory → LUPC jurisdiction; surrounding municipalities (Greenville; Rockwood) handle their shorelines. Maryland Maryland Real Estate Law: where the points where the file most often starts drifting changes how readers should frame the problem Highest transfer costs in US: state transfer tax 0.5% + state recordation 0.69% + county transfer/recordation (Montgomery County total: ~2.0%; PG County: ~2.4%; Baltimore City: ~2.5%); $600K Montgomery County purchase ≈ $14,400 in government charges Massachusetts Massachusetts Real Estate Law: the practical pressure around disclosure file, county records, and early sequence Attorney-closed transactions: MA lender attorneys examine title and certify; buyers strongly advised to retain separate counsel for P&S review and closing representation Michigan Sorting out real estate law in Michigan: disclosure file, record discipline, and what deserves review first 6-month redemption period after foreclosure sale: homeowner can remain and reclaim by paying full debt (1 month if abandoned) Minnesota Real Estate Law in Minnesota: why without flattening the problem into generic advice, occupancy conflict, and the timing points that turn a routine issue expensive shape the opening strategy Homestead exemption ~$480K city / ~$1.2M agricultural (§ 510.01, inflation-adjusted): among highest in US; WI = $75K, CO = $250K, MD = $25K — Minnesota's protection vastly exceeds neighbors; judgment liens attach only above exemption amount Mississippi Real Estate Law in Mississippi: where early mistakes cost the most, contract notice, and occupancy conflict Mississippi = DEED OF TRUST state; nonjudicial power-of-sale foreclosure §§ 89-1-55 to 89-1-57: publish notice 4 consecutive weeks → trustee's sale on stated day; NO POST-SALE REDEMPTION RIGHT (sale immediately final). Total timeline: 60-90 days from default to completed sale (one of fastest in US). No statutory FMV floor on deficiency (contrast Nevada NRS § 40.455 + Iowa § 654.18). Judicial foreclosure alternative: Chancery Court; provides 2yr redemption but rarely used (too slow). Lenders strongly prefer nonjudicial for speed + finality. Missouri Real Estate Law in Missouri: how county records and notice handling shape the early file Deed of trust state with power-of-sale: non-judicial trustee's sale available (RSMo § 443.310); publication 3 consecutive weeks; 30-45 days from publication to sale; NO anti-deficiency protection for residential mortgages Montana Starting a real estate law issue in Montana: title issues, contract notice, and before deadlines close options Montana real estate closing: TITLE COMPANY ESCROW (not attorney-closing; unlike ME/NH/MA); escrow officer (licensed by MT Dept of Administration Banking and Financial Institutions Division) holds funds + manages closing + issues title insurance + coordinates disbursements. Major MT title companies: First American Title Insurance Company of Montana (Billings/Bozeman/Missoula/Great Falls) + Insured Titles (MT-based) + Gallatin Land Title (Bozeman area). DEED OF TRUST (not mortgage) = standard MT residential/commercial property security instrument; nonjudicial foreclosure (trustee's sale): Mont. Code Ann. sec. 71-1-317+; process = lender instructs trustee + trustee records Notice of Trustee's Sale + 150-DAY PERIOD (right of redemption; borrower may cure default and pay debt) + public auction at 150 days. MT anti-deficiency (Mont. Code Ann. sec. 71-1-317): after trustee's sale, NO deficiency judgment if property was (a) primary residence AND (b) purchase-money trust deed (used to purchase property); non-purchase-money + commercial property = deficiency may be available. NO TRANSFER TAX: Montana has NO general real estate transfer tax on residential property sales (contrast ME $2.20/$500 + NH $1.50/$100 + HI progressive conveyance tax). Title issues to examine: water rights appurtenant to land (prior appropriation; must be in chain of title) + mineral rights reservations (severed subsurface estate) + federal land patents (all MT chains of title trace back to federal patent; General Land Office). Nebraska Real Estate Law in Nebraska: where early mistakes cost the most, contract notice, and occupancy conflict Nebraska Deed of Trust Act (§§ 76-1001): 3-party (trustor/trustee/beneficiary); power of sale in deed of trust = nonjudicial foreclosure (trustee's sale). Process: record notice of default + election to sell → 60-day minimum notice → publish 5 weeks consecutive → trustee's auction. NO RIGHT OF REDEMPTION after trustee's sale (unlike KS 3-month/12-month; unlike IA 6-month) — sale is final; trustee's deed = immediate possession. Judicial foreclosure (mortgage instrument): district court petition + sheriff's sale + 3-month redemption right for borrower (WHY lenders prefer deed of trust — avoids redemption). Deficiency: outstanding debt minus HIGHER of sale price or FMV (fair-market-value credit prevents artificial sale price manipulation). Nevada Real Estate Law in Nevada: why without oversimplifying the official framework, disclosure file, and the records that usually matter before the file settles shape the opening strategy Nevada = DEED OF TRUST state (nonjudicial foreclosure; NRS § 107.080); trustee's sale process: NOD recorded → 35-day minimum → 3-month (90-day) waiting period → Notice of Trustee's Sale recorded → 21-day notice → public auction. Deficiency NRS § 40.455: limited to LESSER of (debt minus sale price) OR (debt minus fair market value at time of sale) — FMV floor prevents lender from exploiting depressed auction prices. NRS Chapter 107B Homeowner's Bill of Rights (2013): single point of contact + anti-dual-tracking + modification denial appeal right + documentation verification. New Hampshire New Hampshire Real Estate Law explained: where early mistakes cost the most, occupancy conflict, and before timing gets tighter NH PROPERTY TAX PARADOX: no income tax + no sales tax → local governments funded ALMOST ENTIRELY through property taxes → NH effective property tax rates among highest in US (consistently top 5 nationally). Manchester effective rate historically $25-$30+/$1,000 assessed value (≈2.5%-3%+ of assessed value). Claremont School District v. Governor, 138 N.H. 183 (1993): NH Supreme Court declared heavy reliance on local property taxes for education unconstitutional under NH Constitution Part II Art. 83 ("cherish" education clause); triggered decades of school funding litigation + statewide education property tax (SWEPT) + adequacy aid formula changes. ATTORNEY CLOSING REQUIREMENT: NH requires licensed NH attorney to conduct all real estate closings + certify title (NOT title company alone; unlike many states). NH Real Property Transfer Tax (RSA 78-B): $1.50/$100 of selling price; SPLIT EQUALLY buyer/seller ($0.75 each); $500K home = $7,500 total ($3,750 buyer + $3,750 seller). Exempt: spousal transfers + certain government transfers + gifts + foreclosure deeds. New Jersey Real Estate Law in New Jersey: what to sort out first, the points where the file most often starts drifting, and what usually shifts earliest Attorney review period: standard NJ contracts include 3-business-day attorney review after signing — use it to negotiate terms New Mexico New Mexico Real Estate Law Guide: county records, title issues, and what deserves review before response NM title complexity: Spanish colonial land grants (community mercedes: Tierra Amarilla/Las Vegas/Anton Chico/Ramón Vigil) → US adjudication under Court of Private Land Claims (1891-1904); Treaty of Guadalupe Hidalgo (1848) Art. VIII promised property rights protection; "Santa Fe Ring" legal manipulation resulted in loss of grant lands. Modern impact: northern NM (Santa Fe/Taos/Rio Arriba/San Miguel/Mora/Colfax) = title reports include Spanish colonial grant exceptions; title companies trace chain from earliest US-era deeds. Acequia water rights: appurtenant to land; prior appropriation doctrine; NM water rights adjudication required; acequias governed by elected parciantes/mayordomo; transfer with land sale. New York New York Real Estate Law: why county records, title issues, and deadline control matter early HSTPA (2019): eliminated rent deregulation pathways — stabilized apartments generally remain stabilized permanently North Carolina Understanding Real Estate Law in North Carolina: occupancy conflict, decision sequencing, and next steps Attorney-required closings: only licensed NC attorneys can conduct real estate closings — title company alone is unauthorized practice North Dakota Sorting out real estate law in North Dakota: occupancy conflict, deadline control, and what deserves review first Race-notice recording statute (NDCC sec. 47-19-41); no deed transfer tax in North Dakota; unlimited homestead exemption (NDCC sec. 47-18-01) protecting up to 160 rural acres or 1 urban acre with no dollar ceiling Ohio Ohio Real Estate Law: deadline control, the records that usually matter before the file settles, and the next review point worth slowing down for Judicial foreclosure: 6–18 months typical; 28-day response window; sheriff's sale requires 3-week public notice Oklahoma Oklahoma Real Estate Law strategy: property timeline, county records, and what to sort out first Severed mineral estates: Oklahoma oil/gas mineral estate can be (and frequently is) SEVERED from surface estate; buyer who purchases surface only has NO mineral rights; Anadarko/Arkoma/Ardmore Basin properties may have fractured mineral ownership (dozens/hundreds of heirs); OCC (Oklahoma Corporation Commission) = well permitting + spacing + pooling orders; OCC compulsory pooling allows operator to drill even without ALL mineral owner consent (compelled participation in spacing unit); mineral owner receives: bonus + royalty (1/8-1/4 of production) + delay rentals Oregon A clearer Oregon Real Estate Law page: property timeline, county records, and before leverage slips Oregon land use (SB 100, 1973): LCDC + 19 Statewide Planning Goals; Urban Growth Boundaries (UGBs) around every Oregon city (Goal 14 = no urban development outside UGB); Exclusive Farm Use (EFU) zones (ORS Ch. 215) — Willamette Valley agricultural land virtually off-limits to residential development; Goal 3 (agricultural lands) + Goal 4 (forest lands) protection; Land Use Board of Appeals (LUBA) = specialized appellate court for land use decisions; HB 2001 (2019) = first US law eliminating single-family zoning (cities 25,000+ must allow duplexes/triplexes/quadplexes by right) Pennsylvania Understanding Real Estate Law in Pennsylvania: title issues, record discipline, and next steps Act 91 notice: mandatory pre-foreclosure notice + 30-day HEMAP application window before foreclosure complaint can be filed Rhode Island Rhode Island Real Estate Law Guide: contract notice, occupancy conflict, and where early mistakes cost the most Rhode Island real estate system: 39 cities and towns each maintain their OWN land evidence records (City/Town Hall; NO county-level land recording; RI abolished counties as governmental units 1842); race-notice recording statute (R.I. Gen. Laws sec. 34-13-2; subsequent purchaser who records FIRST without notice of prior unrecorded conveyance prevails). RI purchase contract: Rhode Island Association of Realtors (RIAR) standard Purchase and Sales Agreement (single-step; not two-step like MA); no statutory attorney review period (unlike NJ); both buyers and sellers commonly retain RI real estate attorneys. Deed transfer tax: R.I. Gen. Laws sec. 44-25-1 (Real Estate Conveyance Tax); STATE RATE = $2.30 per $500 of consideration (= $4.60 per $1,000 purchase price); individual cities/towns may impose additional local transfer tax; seller pays by custom (not statutory mandate on seller); example: $450,000 home sale = ~$2,070 state tax. Deed recording: at city/town hall in city/town where property located; recording fees vary by municipality. Title insurance: national underwriters (First American + Old Republic + Stewart + Fidelity National) via RI agent offices; buyers with mortgages pay lender's title insurance; owner's title insurance strongly advised. Closing custom: RI closing attorney typically represents lender (in mortgage purchase); buyers advised to retain own counsel separately. South Carolina South Carolina Real Estate Law: what to handle first around disclosure file, county records, and timing Lucas v. SC Coastal Council 505 U.S. 1003 (1992): SCOTUS landmark — Isle of Palms beachfront lots rendered unbuildable by Beachfront Management Act (§ 48-39-250) = per se regulatory taking; DHEC OCRM now administers setback lines; coastal construction requires DHEC permit; BMA applies Hilton Head/Kiawah/Myrtle Beach oceanfront South Dakota A clearer South Dakota Real Estate Law page: disclosure file, title issues, and before the record drifts South Dakota real estate system: NOTICE recording statute (SDCL sec. 43-28-17); subsequent bona fide purchaser for value WITHOUT ACTUAL OR CONSTRUCTIVE NOTICE of prior unrecorded interest PREVAILS over prior unrecorded interest (does not need to record first; differs from "race-notice" states like RI + DE). 66 County Registers of Deeds (one per South Dakota county); key = Minnehaha County Register of Deeds (415 North Dakota Avenue; Sioux Falls; largest volume) + Pennington County (315 Saint Joseph Street; Rapid City) + Lincoln County (104 North Main Street; Canton; fastest-growing SD county by population %). NO DEED TRANSFER TAX in South Dakota (unlike most states; MN charges 0.33% + IA 0.16% + NE 2.25 per $1,000 + ND 0.5%); significant advantage vs. neighboring states; consistent with SD no-income-tax + no-inheritance-tax philosophy. Sioux Falls suburban market: Minnehaha + Lincoln counties; fastest-growing upper Midwest real estate market; Lincoln County (Tea + Harrisburg + Canton + Brandon + Crooks) = rapid residential development; new construction $300K-$600K family homes in Tea/Harrisburg/Brandon; Sioux Falls commercial real estate driven by financial services (Wells Fargo + Citibank + First PREMIER Bank) + healthcare (Sanford Health + Avera Health). Mineral rights in SD agricultural real estate: severed mineral rights (oil + gas + coal + uranium in southwestern Badlands/Custer/Pennington + gold in Black Hills) separate from surface ownership; water rights = PRIOR APPROPRIATION DOCTRINE (first in time; first in right; administered by SD Dept. of Agriculture and Natural Resources); distinction between surface ownership + severed mineral interest CRITICAL in SD agricultural real estate transactions. Tennessee Sorting out real estate law in Tennessee: disclosure file, early leverage, and what deserves review first Non-judicial trustee's sale (T.C.A. § 35-5-101): 3-week newspaper publication; approximately 30-45 day total timeline — faster than most states Texas Real Estate Law in Texas: the early file behind contract notice, property timeline, and real next steps Homestead: constitutionally protected, no dollar cap — 10 acres urban or 200 acres rural; creditors with unsecured judgments cannot force sale Utah Real Estate Law in Utah: the early file behind property timeline, county records, and real next steps TRUST DEED FORECLOSURE (nonjudicial): § 57-1-23 et seq.; trustor (borrower) → trustee (title company holds title) → beneficiary (lender); default → Notice of Default recorded; Notice of Sale: 3 publications newspaper + mailed to trustor/interested parties + posted at property; sale not until 3 months after last NOD publication; NO REDEMPTION RIGHT after trustee's sale (§ 57-1-34); title transfers finally at trustee's deed issuance; deficiency judgment (§ 57-1-32): limited to fair market value vs. debt (not depressed auction sale price) — court must determine FMV; contrast: CT strict foreclosure (law days → redemption → title transfer); OR trust deed also nonjudicial but different notice requirements Vermont Vermont Real Estate Law explained: where early mistakes cost the most, occupancy conflict, and before timing gets tighter Vermont uses town-clerk recording (246 municipalities, not county offices); race-notice statute (27 V.S.A. sec. 342); Property Transfer Tax of 0.5%/$100K + 1.25% above $100K (32 V.S.A. sec. 9602); no county recorder system Virginia Real Estate Law for Virginia: a clearer read on contract notice, evidence timing, and what the file needs first POA disclosure packet (Code § 55.1-1808): buyer gets 3-day cancellation right; check reserve fund adequacy, pending special assessments, litigation, delinquency rates Washington Washington Real Estate Law Guide: property timeline, disclosure file, and what to sort out first REET (RCW 82.45): graduated 1.1%-3.0% based on sale price — seller paid; higher rates on luxury ($1.525M+) sales; local REET adds on top in some cities West Virginia Starting a real estate law issue in West Virginia: property timeline, county records, and before leverage slips WV SPLIT ESTATE — defining feature of WV real estate: broad form deeds (1870s-1920s coal company land purchases) severed mineral rights (coal/gas/oil) from surface rights. DOMINANT vs. SERVIENT estates: mineral estate = dominant (can use surface as reasonably necessary for extraction, including subsidence, water well impact, haul road damage; surface owner has limited remedies against dominant mineral estate). Marcellus Shale gas (northern WV: Monongalia/Marion/Harrison/Doddridge/Tyler/Wetzel counties; ~5,000-8,000ft depth): EQT Corp (Pittsburgh HQ; largest US natural gas producer) + Antero Resources + Chesapeake Energy hold gas rights through leases/deeds. If surface owner doesn't own gas rights: gas company can drill through surface via horizontal wellpad WITHOUT compensating surface owner for the gas. WV Surface Owner Protection Act (§§ 22-7-1): written notice + surface damage compensation + restoration requirements (doesn't override dominant estate doctrine). Horizontal Well Act (§§ 22-6B-1): forced pooling/unitization of non-participating mineral owners in Marcellus/Utica shale horizontal wells. Wisconsin Wisconsin Real Estate Law: response timing, the review moments that actually change outcomes, and the next review point worth slowing down for 15,074 named lakes → major lakefront/cabin property tier (Door County, Lake Geneva, Vilas County/Northwoods); DNR pier permits (§ 30.12), shoreland zoning 75-ft setback (§ 59.692 NR 115), impervious surface limits, Public Trust Doctrine (Art. IX § 1) Wyoming Real Estate Law in Wyoming: early leverage, property timeline, and the first decisions that actually matter Wyoming has NO real estate transfer tax, NO state income/capital gains tax; deed of trust non-judicial foreclosure (§ 34-4-101); 4-week notice + sale; NO post-sale redemption period; race-notice recording act (§ 34-1-121); county clerk recording in all 23 counties

City & County Guides — 167 Local Pages

Jurisdiction-specific guidance beyond the statewide rules.

North Carolina

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