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February 06, 2012
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Real Estate News

 

Justice Department Urges Rhode Island Senate To Continue Allowing Non-lawyers To Close Real Estate Deals

WASHINGTON, D.C. — The Department of Justice's Antitrust Division issued a letter urging the Rhode Island Senate to reject a proposed bill that would prevent non-lawyers from competing with lawyers to perform real estate closings. In the letter sent yesterday, June 30, the Department expressed concern that the bill would likely cause Rhode Island consumers and businesses to pay more for real estate closings and prevent them from benefiting from competition from out-of-state and Internet lenders that could provide more convenient closing services.

The Rhode Island House of Representatives passed the bill on June 25. If the bill is passed by the Senate and signed into law, it will end the long history of competition between Rhode Island lawyers and lay people to close real estate deals. Instead, consumers would be required to hire lawyers to represent them through the closing process.

"The bill will likely raise prices for Rhode Islanders in two ways," said R. Hewitt Pate, Assistant Attorney General in charge of the Justice Department's Antitrust Division. "Consumers who would not pay for a lawyer would have to do so; traditionally, lawyers charge more than lay providers. Second, without competition from non-lawyers, lawyers' fees are likely to increase."

The bill being considered by the Senate is House Bill No. 5936, entitled, "An Act Relating To Criminal Offenses - Law Practice." After being passed by the Rhode Island House of Representatives, the bill was referred to the Senate Commerce, Housing, and Municipal Government Committee on June 26, 2003. The bill covers virtually all real estate transactions, including residential and commercial deals and purchases, refinancing, second mortgages and other transactions.

A similar bill was introduced last year but did not become law. The Department and the Federal Trade Commission had urged the Rhode Island legislature to reject that bill.

 

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Did You Know?    
 
 
Equity skimming is a type of scam
In this type of scam, a "buyer" approaches you, offering to get you out of financial trouble by promising to pay off your mortgage or give you a sum of money when the property is sold. The "buyer" may suggest that you move out quickly and deed the property to him or her. The "buyer" then collects rent for a time, does not make any mortgage payments, and allows the lender to foreclose.

 


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News about real estate cases in Alaska and nationwide:

Hud Housing Program
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California's Real Estate Regulations Of Broker Supervision
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Buildings Commissioner Elevated to Fellowship Status in the American Institute of Architects
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Real Estate Terms

 


Today's Terms

Cap

Definition:
A limit, such as that placed on an adjustable rate mortgage, on how much a monthly payment or interest rate can increase or decrease.

Default

Definition:
The inability to pay monthly mortgage payments in a timely manner or to otherwise meet the mortgage terms.

Closing

Definition:
Also known as settlement, this is the time at which the property is formally sold and transferred from the seller to the buyer; it is at this time that the borrower takes on the loan obligation, pays all closing costs, and receives title from the seller.

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Real Estate Resources

 


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Real Estate Hot Topics

 
Topics Related to Real Estate Law:

  • Commercial Real Estate
  • Construction
  • Condemnation
  • Landlord / Tenant
  • Mortgage Matters

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Alaska Real Estate Attorney

 
If you live in the following cities and need an real estate attorney you should contact our Real Estate Attorney as soon as possible:

  • Anchorage
  • Bethel
  • Chugiak
  • Eagle River
  • Fairbanks
  • Juneau
  • Kenai
  • Ketchikan
  • Kodiak
  • North Pole
  • Palmer
  • Sitka
  • Soldotna
  • Wasilla
 


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