Real Estate Law

Residential/Commercial Closing

Yoder & Kraus provides a comprehensive array of real estate services.  We have competent, efficient and helpful staff members and attorneys who will assist you with your closing every step of the way.  As we guide you through the process of buying or selling a home, our staff will help in completing the purchase and sale agreement, review the title history of the property to insure marketable title and the issuance of a title insurance policy, review and/or prepare all necessary documents, and communicate with your lender, real estate agent and any other involved with your closing. 

  • Purchase or Sale - We review and draft documents involving the purchase or sale of a residence or business.
  • Refinance - We can review the terms and advise you regarding potential refinance.
  • Closing Services - We prepare and review the paperwork that could affect you
  • Commercial Leasing - A lease for business or commercial purposes
  • Land Use and Zoning - Planning how to use or develop a tract of land, we can help you through the process with local government agencies
  • Residential Disclosure Form - Seller's disclosure of what he knows about his property.

 Here are a few examples of problems encountered during a real estate closing:

  • Problems with home warranties
  • Inspection rights of the buyer
  • Home repair issues
  • Whether the seller pays the closing costs
  • Marketability of titles
  • Title insurance policies
  • Nondisclosure issues
  • Surveys
  • Zoning
  • Lender requirements

 

Landlord-Tenant

a) Leases

You can go online to an office supply store and purchase a generic lease.  However, you can utilize the services of an attorney who has familiarity with the Indiana Residential Landlord-Tenant Law.  There are certain things Indiana law requires in a lease and allows other matters to be included or excluded at the discretion of the parties.  The most frequent problem with generic leases is they are written for anyone and they aren’t written with specific state law in mind.  You should have a lease crafted to protect you as a landlord.  Call us, we’ll help you do that.

Commercial leases are even stronger.  There is no governing statute and they are typically construed against the tenant.  You should consult an attorney in drafting a commercial lease.

b) Evictions

A lawsuit to recover possession of a piece of real property.  Either residential or commercial eviction may be a suit for possession only or include a claim for back rent.  Waiver of notice is important in the commencement of an eviction.  If the lease doesn’t contain this provision, it will delay the process.  You will need to send written notice to vacate.

Once judgment for possession is obtained, if the tenant hasn’t moved out, a Writ of Possession must be filed to obtain possession.

 

Foreclosures

We handle these across the State of indiana.  The services we provide are:

  • Title exams - Assures your position and authority to foreclose. Also, you need to look for other liens of record that may need to be notified of the foreclosure.
  • Substitute of Trustee (SOT) - Appoints a lawyer with this firm to act as trustee for handling the sale.
  • Publication - We arrange and prepare for the publication. (All foreclosures must be published in a newspaper of general circulation for three (3) consecutive weeks.)
  • Handle the sale - We attend and handle the sale, following any instructions you provide.
  • Trustee's Deed - Conveys title to the property to the successful bidder at the foreclosure sale.
  • Tenant Notice - Notification to any tenant occupying the property.

 

Title Claims/Property Disputes

Title claims and property disputes may affect your ownership or use of real property.  This may require the filing of a lawsuit if you are unable to resolve the problem on an amicable basis.

If you need the services of an attorney to help you, call Yoder & Kraus. We will take the time to help you through the process.