A lawyer for closing on house is an attorney who is an expert in areas related to properties, from transactions to mediating disagreements between parties. You might think about hiring a real estate lawyer to assist you with the legal process and employing a real estate agent to assist with negotiating the transaction of a house.
Why Do You Need a Lawyer for Closing on House?
Many states demand the presence of a real estate lawyer at the closing. You might want a real estate lawyer, even if your state does not mandate one. Your interests will be represented at closing by a real estate lawyer. They will evaluate the papers in advance and advise on any discrepancies or omissions.
State and local governments are responsible for enforcing real estate laws. All documents signed at the closing of a real estate deal are prepared by or reviewed by a real estate attorney. The lawyer then attends the closing to speak on behalf of the buyer's (or seller's) interests.
What Are the Responsibilities of a Lawyer for Closing on House?
An attorney specializing in real estate is qualified to draft and examine purchase agreements, mortgage, title, and transfer documents. The buyer will always be present at the closing with the real estate attorney hired to manage the deal.
Here is a detailed description of the role of a lawyer in closing on a house:
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Pre-Closing
The closing attorney's office conducts a title search on the property before closing. It compiles the necessary paperwork, funds from the lender, and funds from the buyer in preparation for closing.
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The Agreement
As soon as the buyers and sellers have a contract, the closing attorney schedules the closing and gathers details on the parties, the property, the asking price, and other terms.
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The Title Search
One of the most important steps in the closing process is this. The closing attorney reviews the County Register of Deeds Office records to ascertain the property's title, locate restrictive covenants, check for property access, and identify any easements or rights that benefit or burden the property. The closing attorney confirms that the seller has no unpaid assessments with the municipality where the property is located.
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Advisory Title Opinion
The attorney creates a "preliminary title opinion" after the title search is finished, submits it to a title insurance firm, and orders title insurance binders for the lender and the buyer.
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Information Acquisition
One of the closing attorney's office's primary responsibilities is compiling information for closing from a variety of sources, including items like:
- Homeowner's insurance coverage and costs
- Owners Association Fees (which are paid in full or in part at closing)
- Termite inspections, house inspections, and other fees will be paid at closing.
- Home warranty details
- Information on realtor commissions
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Informational Materials For Lenders
Most of the data is provided to the buyer's lender in the form of a draught Closing Disclosure Form ("CD Form"), along with any additional documents that may be required.
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Closing Package
The lender gives the closing lawyer a loan package before the transaction closes. The closing attorney goes over the loan package, entering the legal description, homeowner's insurance information, property tax information, and other conditions and details as necessary to ensure the documents are accurate and complete.
Other documents that will be reviewed at closing are added to the closing package by the closing attorney and include copies of the homeowners' insurance policy, the title insurance binder, any plat maps, any restrictive covenants, and any home warranties.
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Final CD Form And Other Supporting Documents
The CD Form contains a breakdown of the loan terms and a list of all the monies involved. This final CD Form occasionally deviates from the preliminary one, hopefully only a little.
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Funds For Closing
The amount of money that must be brought at closing is disclosed to the buyers; this money must either be "certified funds", like a cashier's check or wired funds.
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Closing
The closing, which often occurs at the closing attorney's office, is the culmination of all the earlier activities. Naturally, the purchasers' closing attorney will be there, as will typically their realtor and perhaps the lender. The closing attorney goes over all of the transactional paperwork with the buyers.
The CD Form, any loan paperwork, and any other purchase-related paperwork, such as a termite report, a home warranty, the plat map (and the property survey, if one was requested), are all included. The deed is also included, of course.
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Post-Closing
The closing attorney's office updates the title after closing, records the deed and the deed of trust at the Register of Deeds office, returns paperwork to the buyer's lender, and distributes funds to the seller, the seller's lenders, the realtors, the new homeowner's insurance company, and all other parties whose money was collected at closing.
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Title Update
The closing attorney does a last "title update"—basically another title search—after receiving the loan monies and the "clear to close" from the lender.
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Recording
The closing attorney can register the deed (transferring title from the seller to the purchasers), and the deed of trust (forming the "mortgage lien" for the lender) after the title update is finished. Either physically visiting the Register of Deeds' office or "e-recording" documents can be used for recording.
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Disbursing
The closing attorney notifies the realtors, the buyer, and the seller after the recording has taken place. The closing attorney transfers the cash to the seller, the commission to the realtors, the loan fees to the lender, and any additional funds received at closing for items like termite reports, homeowners insurance, property taxes, home inspections to all parties listed on the CD Form.
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Final Title Opinion
The closing attorney prepares a "final title opinion" shortly after recording, which is sent to the buyer's title insurance company and the insurance premium. This title opinion reports the deed and deed of trust recording information and the status of the seller's mortgage loans that have been paid off.
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Final Paperwork
The closing attorney delivers the original deed and deed of trust to the buyer's lender after receiving them back from the Register of Deeds office. The closing attorney also mails the original deed to the buyers.
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Key Terms Related to Closing on House
Here's a list of the key terms related to closing on the house:
- Contract: A contract that binds two or more parties and establishes or changes a legal relationship. A contract is often formed based on an offer and acceptance.
- Earnest Money: A sum of money paid by a buyer when they sign a contract to show that they intend to fulfill their end of the deal and have the financial means to do so (usually applied toward the purchase price.)
- Real Estate Tax: Tax imposed on real estate ownership by the local taxing authority.
- Title Search: A review of the deed records in the county where the property is located to ascertain whether the property's record title is accurate or has any title flaws.
Conclusion
Here are some of the things that take place during closing. It is crucial to have legal counsel on your side. You can contact services to help you with this procedure. The ContractsCounsel team conducts a rigorous review of every attorney's application to join our platform. Through their verification process, all information is validated, including state licensure and status, academic record, and employment history. Additionally, they confirm that our lawyers are client-centered problem solvers
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