FAQ & Resources

If you are buying or refinancing a home, the mortgage company will probably require that you buy title insurance to protect their mortgage. But most people don’t know exactly what they are buying or even why it is needed.

The most important thing an attorney does in any real estate purchase or refinancing is the title search. Simply put, this is a search of the public records to determine if the Seller (or the person you are buying the property from) can give you good title to the property, does he own 100% of the property with no liens or other claims? The Seller’s title depends on the title which he or she received from the person who owned it before the Seller, and from every other person who has owned it before the Seller, and from every other person who has owned the property over the years. The title insurance certifies to you that the public records have been searched and that you are getting a good title.

If you are financing your purchase or refinancing, the mortgage company will require that you purchase title insurance to guarantee to them that the title the Seller is giving to you is good. Because such title insurance also covers any problem the attorney may not have been able to discover by a search of the public records, it is a good idea to purchase coverage to protect you as well. The cost of such owner’s coverage is inexpensive and is good for as long as you own the home without any further payment. In Delaware, your attorney can provide such coverage for you.

We are proud of our staff, and of our experience in real estate transactions, and look forward to providing you with quality, friendly service at a good price. Contact us if you are thinking about buying a new home.

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Whenever you lend money, the best advice is always to make sure you obtain a written note. Not only is it evidence that the money was meant to be a loan and not a gift, but it lets the borrower know that you intend to be repaid. It also allows you to state when you expect repayment, whether or not you expect interest, and what your rights will be if you are not repaid.

You may also want to consider whether or not to take any collateral to protect the repayment. If so, you need to be sure that you are getting a lien on that collateral that will stand up if the loan goes bad. If the lien is not properly protected, you may end up with no collateral at all.

Before you loan to a relative or friend, always consult with an attorney.

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Refinancing may make sense when it improves your overall financial position, but the right decision depends on your current loan, interest rate, monthly payment, closing costs, and long-term plans for the property.

Homeowners often consider refinancing to lower their monthly payment, shorten the length of their mortgage, switch from an adjustable-rate loan to a fixed-rate loan, remove a borrower from the loan, or access home equity for other financial needs. In some situations, refinancing can result in meaningful savings over time. In others, the costs of refinancing may outweigh the benefit, especially if you plan to sell the property soon.

Before refinancing, it is important to review the new loan terms carefully, including the interest rate, fees, closing costs, escrow requirements, and any changes to the length of the mortgage. A lower monthly payment does not always mean the loan will cost less overall.

If you are considering refinancing your home, our attorneys can help you understand the legal documents, closing process, and issues that may arise before you sign.

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Most people realize they can save money by re-financing their home, but they often don’t think they can afford the up front costs of refinancing. Many times the new mortgage lender can add those costs into the new mortgage with little reduction in the savings. Your attorney can often save you money in circumstances when he or she can rely on your old survey instead of ordering a new one.

If you have any questions about re-financing or any other legal matter, call for a free initial consultation.

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During my initial consultation with clients who have been injured in an automobile accident, I always discuss with them the limits of automobile insurance coverage that they carry. Under current Delaware law, registered motor vehicles must carry minimum bodily-injury liability coverage of $25,000 per person and $50,000 per accident, $10,000 in property-damage liability coverage, and Personal Injury Protection (PIP) coverage of $15,000 per person and $30,000 per accident. Uninsured and Underinsured motorist coverage (UM/UIM) must be offered at the time an insurance policy is purchased or at such time as changes to the policy are made (for example, adding or deleting a vehicle or a driver), but is not mandatory. In most instances, these minimum levels of coverage are insufficient to protect the client from any liability claims asserted by third persons and to protect the client from the costs of being injured (i.e. medical bills and lost wages) or from other drivers who are uninsured or underinsured. So how much insurance do you have and how much insurance do you need? The obvious answer is that you need well in excess of the minimum currently required in Delaware. Please keep in mind the functions of the various types of coverage:

(1) Liability insurance protects you against the claims of others. If by some unfortunate occurrence you cause a motor vehicle accident in which someone else is injured, your automobile insurance company is required to provide to you a defense (i.e. A lawyer to defend you) and is required to pay any judgment rendered against you up to the limits of your liability coverage. In many instances, minimum liability coverage is simply not enough to compensate an injured person, and without additional coverage, you run the risk of personal liability.

(2) Personal Injury Protection, or PIP coverage pays medical bills for a period of two years following the accident that are necessary, reasonable and related to the accident, up to the limits of coverage, and pays lost wages during the two year period which are caused by the accident, again, up to the limits of coverage. PIP coverage can be purchased in increased increments up to the level of liability coverage. So, for example, if you have purchased more liability coverage than the minimum required by law, say 100/300, then, in such event, not only have you more realistically insured yourself from the claims of others, you also can then purchase PIP insurance up to 100/300 as well.

(3) Uninsured/Underinsured coverage can also be purchased up to the limits of your liability coverage and designed to protect you from the negligence of others who have either chosen not to purchase any automobile insurance (the uninsured motorist) or who have elected to purchase only minimal amounts of insurance (for example, minimum liability coverage required by Delaware law), or who have elected to purchase liability insurance less than the coverage that you have purchased. Many times I see badly injured people who elected not to purchase UM/UIM coverage or who elected to purchase only minimal amounts of UM/UIM coverage, and it is my sad duty to inform them that there simply is not sufficient insurance available to fairly and justly compensate them for their injuries or to pay their medical bills and/or lost wages.

So how much insurance should you have? My recommendation to my clients is that they have at least 100/300 of liability coverage, of PIP coverage and of Uninsured/Underinsured coverage. Of course, additional levels of coverage above the 100/300 are also available and should be considered. There is no doubt that insurance is expensive, particularly as the number of vehicles and number of drivers insured upon a particular policy increase; however, it is heart breaking to see a person who is catastrophically injured through the negligence of others without adequate sources of insurance. In truth, you can probably never have too much insurance; however, minimum limits are simply not sufficient for your own protection.

***(the contents of this article do not constitute legal advice nor establish legal representation. Visitors to this website who have specific legal questions should consult with an attorney who engages in personal injury law. Listings of areas of practice do not represent official certification as specialists in these areas.)

No one expects that they will be involved in an automobile accident. However, automobile accidents are occurring with increased frequency and there is a distinct possibility that it could happen to you. If you are involved in an automobile accident, there are some things that you need to be aware of so as to ensure that the proper medical attention is received, that the claim can be handled by the applicable insurance carrier promptly and efficiently, and to protect your legal rights. So, if you are involved in an accident caused by the negligence of another driver, what should you do?

I recommend the following:

1. Always call the police no matter how slight the accident. The police are trained in accident investigation including immediate attention to those who may be seriously injured. Never simply exchange driver’s information, (i.e. Name, address and phone number and insurance information) with the other driver and depart the scene without an accident investigation by the applicable law enforcement agencies.

2. Severe injuries are obvious, less severe injuries may not become apparent for some time after the accident. Therefore, when questioned about injuries at the scene, do not state that you are not injured unless you are certain that that is the case. Soft tissue injuries often take hours or days to become symptomatic and minor aches or pains following an accident can often become increasingly symptomatic over time.

3. If you suspect that you are or may be injured, do not refuse medical attention at the scene. Although a trip to the emergency room may seem inconvenient at the time, it is better medically to diagnose an injury as soon as possible so that appropriate treatment may be administered, and the injury and the treatment will be documented by the emergency department.

4. Every Delaware registered motor vehicle is required to carry personal injury protection insurance which is no fault in nature. Personal injury protection or PIP insurance is designed to provide a source of payment of medical bills and lost wages for a period of two years following the accident, up to the limits of coverage, which, in Delaware is required to be at least $15,000.00 per person and up to $30,000.00 per accident. Therefore, as soon as you are able, you should place your insurance carrier on notice of the accident and request a PIP application form and claim number. The name and address of the insurance carrier together with the claim number should be presented to each health care provider with whom you treat and they will bill your insurance company directly. If the accident is not your fault, your insurance company will be reimbursed by the insurance carrier for the person who caused the accident and therefore your rates will not go up. Remember, the Delaware Legislature wisely enacted the PIP statute so as to provide an immediate source of payment of your medical bills and lost wages in the event that you are injured in an automobile accident. Therefore, if you are injured in an automobile accident, you should seek all of the medical treatment that you need without having to worry about how it will be paid for. (The Delaware PIP statute provides that PIP shall pay for all necessary, reasonable and related medical treatment and lost wages for a period of two years up to the limits of coverage).

5. Write down a narrative statement of the accident so that you can refresh your memory later.

6. Keep a pain diary with daily entries chronicling how you are feeling, the effects of your injuries upon your normal activities, your state of mind, and your medical treatment.

7. Get the names and addresses of as many witnesses as possible.

8. Take 35mm photographs of any injuries (bruises, cuts, etc.) and of any obvious damage to your vehicle, both interior and exterior, and, if possible, take photographs of the other vehicle involved in the accident.

9. Contact an attorney who practices in the area of automobile personal injury.

***(the contents of this article do not constitute legal advice nor establish legal representation. Visitors to this website who have specific legal questions should consult with an attorney who engages in personal injury law. Listings of areas of practice do not represent official certification as specialists in these areas.)