how to find closing attorney who performed for a real estate sale

by Garrison Flatley 10 min read

You should research and choose a closing attorney and make every effort to have your attorney listed in the contract. If you were not able to choose the closing attorney for your sale, contact your real estate agent and find out who the closing attorney will be and their contact information.

Full Answer

What does a closing attorney do for sellers?

Jul 15, 2019 · Once you’ve done the legwork, you should have no problems finding a reliable, quality real estate attorney who can help with the closing process. Be sure to check reviews and ask the right questions so your transaction will be a success. Find out about the attorney or law firm’s experience and their track record in advance.

Should you hire a lawyer at closing?

1. Search Online for Real Estate Attorneys. It may seem like a no brainer but, the first step is searching online for “real estate lawyers near me” and other similar terms. You may also ask your real estate agent, mortgage company or friends for recommendations. Consider legal firms that specialize in the type of property you’re buying or selling.

What are the best questions to ask your closing attorney?

Questions to Ask Your Real Estate Closing Attorney . For all homes purchased in 2016, 35 percent were purchased by first-time homebuyers. For these buyers, closing on your first home can be incredibly intimidating. After all, this is the final step in concluding the real estate transaction and where the title of the home officially shifts to ...

Where is the real estate closing attorney located?

Aug 09, 2018 · Talk to your real estate agent to find trusted real estate attorneys in your area, or search for one on your state or county bar association website. This article is purely informational and is not meant to be legal advice. If you have any questions, please consult a licensed real estate agent or real estate lawyer. Article Image Source: (Pxhere)

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Questions for a Real Estate Attorney

Since buying real estate is likely the biggest investment you’ll ever make, you need to make sure all your bases are covered. In your search, make a list of essential questions that you should ask everyone you talk to.

How long have you been practicing?

Find out how long the attorney has been working in your area. For residential closings, a few years should suffice. For bigger transactions like commercial real estate or investment property, you want an attorney who’s much more experienced.

How do you handle closings?

Tell the prospective attorneys about your particular situation. Then, ask them what they would do and what their typical procedures are. Knowing how they would plan to deal with things in advance will give you confidence and peace of mind.

What about fees and billing?

Some attorneys require a retainer up front and then bill you the balance later. Ask them what their rates are, and how much they think your individual situation would cost. With so many fees involved in real estate transactions, you need a firm price so you can add the attorney to your budget.

Will there be others working with us?

Some law firms rely on other attorneys and paralegals to work on their cases behind the scenes. Ask if other people will be involved in the transaction or if you can expect to simply deal with one attorney directly.

Knowledge is Power

There are several important things that every good real estate attorney should know. Read more about that so you’ll be aware of the intricacies involved in a real estate closing.

Attorneys and Your Success

Once you’ve done the legwork, you should have no problems finding a reliable, quality real estate attorney who can help with the closing process. Be sure to check reviews and ask the right questions so your transaction will be a success.

What is a closing attorney?

The closing attorney is available to explain documents such as a deed, a note, a deed of trust, a settlement statement, disbursement at the end of the transaction and loan documentation required by the lender. Record and disburse: The closing attorney is literally responsible for closing on the transaction and distributing all monies.

What happens if you don't have a clear title?

Without clear title, the sale may become much more complicated . Upon receipt of a real estate purchase agreement or a request from a bank or mortgage broker, the closing attorney will begin to check the title to the property being sold.

What is title examination?

The title examination is for the purchaser and the lender to evaluate title to the real estate. The purchaser will need to know whether there are certain restrictions of use, easements, encroachments or whether the title is marketable and clear for the seller to transfer the property to the purchaser. The closing attorney will identify any existing ...

1. Search Online for Real Estate Attorneys

It may seem like a no brainer but, the first step is searching online for “real estate lawyers near me” and other similar terms. You may also ask your real estate agent, mortgage company or friends for recommendations.

2. Schedule Initial Consultations with Several Lawyers

You may have found several firms that specialize in real estate transactions. You should schedule several initial consultations to learn about their fees and services.

3. Hire a Lawyer for Your Closing

While it may be tempting to choose the cheapest option, you should prioritize hiring a lawyer that specializes in your type of real estate transaction. Don’t forget to take a look at the agreement for their services before signing it.

When to Hire a Real Estate Attorney

Depending on your location, you may not need to hire a lawyer to close on your home. In some cases, hiring a legal expert is a must to protect yourself.

What does a closing attorney do?

The real estate closing attorney also coordinates all of the parties involved in the closing. This means that the attorney must communicate with the buyer, seller, and lender, and any additional players, such as brokers, surveyors, the homeowner’s insurance company, home inspectors, contractors, homeowners’ associations, and more. The closing attorney must coordinate all of these parties in order to ensure that the closing occurs in a timely manner. Throughout the entire process, the closing attorney is necessary for communication, but is especially crucial when preparing the settlement statement and when confirming the dates and amounts of money needed for closing.

What documents do closing attorneys need to go over?

The closing attorney can offer explanations for any confusing documents, such as the deed, settlement statement, and loan documentation.

Why is title insurance important?

Title Insurance. Title insurance is important because if there is a problem with the title in the future, it protects the buyer and the lender. After the title examination, your real estate attorney from De Bruin Law Firm writes an opinion about the title for the title company so they can issue a title binder, which is necessary for obtaining title ...

Who is Bryan DeBruin?

Bryan De Bruin is a Real Estate and Business Law attorney serving Greenville, SC and the surrounding upstate. Bryan is proud to guide clients through the legal process and makes sure that every client understands each phase of their case, so that they are prepared for what happens next.

Do I need an attorney for a real estate closing in South Carolina?

Whether you are buying or selling real estate, it is important to have an attorney for your real estate closing. A real estate attorney ensures that everyone understands the complex legal process that real estate closings are, and that everything is above board. In order to better protect consumers during the closing process, South Carolina requires many aspects of a real estate purchase and refinance closing to be completed under the supervision of an attorney. For a more specific picture of what exactly a real estate attorney does during real estate closings, read on below.

How many homes were sold in 2017?

Did you just take the leap into homeownership? In 2017 alone, there were over 5.5 million existing homes sold in America. While purchasing a home has proven to have its challenges, it’s also incredibly rewarding. In fact, becoming a homeowner may be one of the best financial decisions that you’ll make in your lifetime.

What is a home investment?

Unlike a car, a home investment is one that will appreciate over time and allow you to gain equity in your home. While your real estate professional will guide you through the buying process, it’s your real estate closing attorney that will guide you through the closing. This is when the home officially transfers ownership ...

What does a closing attorney do?

A closing attorney will tackle any contractual dispute or legal issues that come to light during the closing process. And even if zero problems arise, the attorney will draft and review every document line by line for accuracy. Once you have finalized the Purchase and Sale Agreement, the document that details the terms of the offer you’ve accepted, ...

What can a real estate attorney do?

A real estate attorney can walk you through complicated situations and minimize the blow to your home sale and your personal assets. Some situations that pose issues that could derail the sale are: You’re selling the house from a trust. You’re selling the house to your kids or other family members.

What documents do you need to open an escrow?

Once you open escrow, your escrow officer will send documents to fill out which include the grant deed, state-specific forms, the property information statement, and more. Your closing attorney will guide you through this paperwork and be able to identify any mistakes before you sign it.

What happens if you accept an offer on a house?

Once you’ve accepted an offer, the escrow agent, title company or buyer’s agent will order the title report for your house. Instantly, you could face an array of title issues, including trust complications, unpaid balances from lenders, property taxes, and more–—all of which could take months to clear.

What do you pay when you sell your home?

When you sell your home, you have to pay fees . The fees include your real estate agent’s commission, your outstanding mortgage balance, property taxes, homeowners insurance, and more depending on your situation.

What happens if you don't disclose a subfloor?

If you know about an issue with the property and you don’t disclose it, such as a rotted subfloor, or if a repair job that the buyer requested was done incorrectly, you could be liable for extra costs.

Can a home sale fall through?

The alternative is that the entire home sale could fall through. A top real estate agent will work between you and the buyer to negotiate over the property itself by helping you craft counteroffers, pick a closing date, etc. to keep the sale moving forward.

What is closing a real estate transaction?

Real estate closings are a complex process that requires a large amount of preparation and skill. If, at any time, you feel unsure of what you are doing or feel like you are over your head, consult a real estate agent or attorney to help you.

What should be included in a closing agreement?

All you need to include are: The date of the agreement, the agreement's expiration date, and when the transaction will close. This should include rights of inspection and who pays for such, if any, costs. The price of the property and the means ( cash, check, etc.) that amount will be paid.

Do you have to renegotiate a home offer?

Renegotiate, if necessary. Depending on the results of your inspection and your closing conditions (unless spelled out in the paper work, property may be "as is"), you may need to renegotiate your offer. Certain issues, like bug and structural damage, may mean you'll want to pay more or less for the home.

What is an escrow account?

Open escrow. An escrow account is an account held by a third party on behalf of the two parties involved in a transaction. An escrow account is the best way to assure both the buyer and the seller get a fair deal regarding the transaction.

How many people edit wikihow?

wikiHow is a “wiki,” similar to Wikipedia, which means that many of our articles are co-written by multiple authors. To create this article, 14 people, some anonymous, worked to edit and improve it over time. This article has been viewed 129,802 times.

Do you need to inspect your home before closing?

Inspect the home. Once you're moving towards closing, you'll need to conduct a home inspection. You want to make sure no repairs or renovations are needed before closing the deal. Unless you have knowledge of home inspection and repair, you'll have to hire a third party to conduct the inspection.

Who is Peter Wagner?

Peter is a member of the Nassau County Bar Association, the New York State Bar Association and the American Bar Association, where he serves as a member of the Financial Services committee. Peter has participated as an associate member of the American Association of Residential Mortgage Regulators (AARMR), the Mortgage Bankers' Association of America and National Home Equity Mortgage Associations' Legal Affairs committees. For over 15 years, Peter has represented consumers, as well as financial institutions in the mortgage and automotive finance industries, by providing compliance, legal and business advice, including drafting and implementing policies, procedures, best practices and government affairs initiatives. Peter has lectured on mortgage financing, credit scoring and predatory lending for the National Urban League, the Marino School of Continuing Legal Education, local schools, faith-based organizations and other not-for profit organizations. In his spare time, Peter is an avid fisherman and soccer coach. He is on the Board of Directors of the Commack Soccer League.

Who is Bill Horan?

John`s University. He is a member of the Nassau County and New York State Bar Associations, and serves as chairman of the paralegal subcommittee of Nassau Community College. For the past 25 years, Bill has represented lenders in legal matters regarding real estate and regulatory and compliance issues. Bill has lectured on real estate and mortgage financing for the Nassau County Bar Association, Suffolk County Bar Association, Rockland County Bar Association, New York County Lawyers Association, Orange County Board of Realtors, National Business Institute, Marino School of Continuing Education, C.W. Post College and Nassau Community College. Bill has been interviewed on several radio shows and television programs, and for the past 20 years, he has hosted his own show, The Secrets of Success, on WHPC 90.3 FM.

Who is Nan Gill?

A seasoned professional in the Title Insurance Industry for nearly three decades, Nan Gill-Wilson established Gill Abstract Corporation in 1984 to better serve her loyal clientele. What began at a desk in her living room quickly grew into a thriving business. In September of 2011, Nan joined forces with Sutton Alliance, LLC. This merger made it possible to service her clients throughout the U.S. and added a staff of over sixty professionals to the organization. After more than a quarter century heading Gill Abstract Corporation, she decided to take her impressive history of business successes to expand into the entertainment industry. Nan possesses an extremely broad knowledge of business management, banking and credit management, real estate, titles, bankruptcy, foreclosure law, mortgage requirements and other business and legal acumen that will facilitate her ability to excel in the field of entertainment. Born in Queens, NY, Nan spent her early years in NYC, Pennsylvania and Northport, LI. She attended college at the State University at Albany. Prior to entering real estate, she ran a school for the performing arts in Orange County, NY. As a teen, Nan created the promo tape for then President John F. Kennedy’s Physical Fitness Program that premiered at the New York State Pavilion of the World’s Fair in 1964. She subsequently became a model at the prestigious Ford Agency. A major supporter of continuing education throughout her life, Nan teaches title insurance CLE classes for the Marino Institute in Manhattan, as well as the NYCLA, the Rockland County Lawyers Association, the Suffolk County Bar Association, the Women’s Bar Association of Orange and Sullivan Counties, the Rockland County Bar Association and the Orange County Association of Realtors. She continues to hold an Associates Broker’s License with Keller Williams in Goshen, NY. Mrs. Wilson also holds seat on the board of the American Science and Technology Center of New York and is Executive Director of the ‘Acting Anyone Academy’, an educational entity established with her business and life partner, David Patrick Wilson, committed to providing a well-trained, highly-skilled professional workforce for the American entertainment industry. She had previously been the founder and co-owner of Educational Video Productions, Inc. (EVPI) and The EVPI School of the Performing Arts in Warwick, NY. She is presently co-owner and President of Willy-Gilly Productions, Inc. and Executive Producer of the feature film Collar.

What is a seller closing statement?

What is the seller’s closing statement, aka settlement statement? The seller’s closing statement is an itemized list of fees and credits that shows your net profits as the seller, and summarizes the finances of the entire transaction.

How long before closing do you have to give closing disclosure?

In the wake of the subprime crisis, the Consumer Financial Protection Bureau requires that buyers receive the Closing Disclosure, outlining loan costs among other fees and information pertinent to the borrower, no later than 3 days before closing for review.

When are property taxes prorated?

For instance, say you get billed for property taxes in February to cover the previous year. If you’re closing on a sale on April 30, the yearly property tax is “prorated” or calculated for the first four months of the year, and it’s reflected in this section.

What does an impound account do at closing?

At closing the buyer sets up an impound account that allows them to bundle the cost of their mortgage principal, taxes, mortgage insurance, and other monthly costs into one payment. The lender likes this because they can make sure the new owner will keep up to date with all the payments associated with the home.

What is a seller's net sheet?

The seller’s net sheet is not an official document but an organizational worksheet that your agent will fill out to estimate how much you’ll pocket from your home sale after factoring in expenses like taxes , your real estate agent’s commission, your remaining mortgage, and escrow fees.

What is commission in real estate?

Real Estate Commission. Owed to seller’s agent. Real Estate Commission. Owed to buyer’s agent.

What is miscellaneous charge?

And finally, “Miscellaneous” refers to charges that are typically the responsibility of the buyer. In negotiations, however, it’s possible that you agreed to cover some of the fees. The buyer may ask you to pay for a home warranty policy, for instance, while they cover the costs for a pest inspection on your home.

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Title Examination

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A clear property title is essential for the buyer and lender in a real estate closing. Once the purchase agreement has been received, we can begin examining the title. For the sake of the buyer, we will evaluate the restrictions, encroachments, easements, and whether the title clearly allows the seller to transfer it to the buye…
See more on debruinlawfirm.com

Title Insurance

  • Title insurance is important because if there is a problem with the title in the future, it protects the buyer and the lender. After the title examination, your real estate attorneyfrom De Bruin Law Firm writes an opinion about the title for the title company so they can issue a title binder, which is necessary for obtaining title insurance. Title insurance is absolutely essential for the lender beca…
See more on debruinlawfirm.com

Coordination

  • The real estate closing attorney also coordinates all of the parties involved in the closing. This means that the attorney must communicate with the buyer, seller, and lender, and any additional players, such as brokers, surveyors, the homeowner’s insurance company, home inspectors, contractors, homeowners’ associations, and more. The closing attorney must coordinate all of t…
See more on debruinlawfirm.com

Review of Documents

  • The day of closing, the real estate closing attorney must be present to go over the various documents. The closing attorney can offer explanations for any confusing documents, such as the deed, settlement statement, and loan documentation.
See more on debruinlawfirm.com

Record and Disbursement of Funds

  • Finally the closing attorney must close the transaction and distribute all the funds. After reviewing all the documents, the real estate closing attorney will make a final review of the title and deed, then issue the final opinion on the title and pay the title company. The closing attorney will then distribute all of the funds in the transaction, such as brokerage fees, county taxes, homeowner’s …
See more on debruinlawfirm.com