Cue the closing attorney. While your real estate agent organizes the deal, your closing attorney acts as an extra pair of eyes to protect you and your assets at the time of closing—and long after the deal is done. Top real estate agents and practicing attorneys who’ve witnessed legal nightmares unfold at closing agree: sellers should lawyer up.
Nov 10, 1998 · Beware real property owners: The mere filing of a suit for specific performance (regardless of its ultimate success or the merits) can potentially tie up your property for several years, with or without the existence of a lis pendens. The reason is simple. It is virtually impossible to obtain title insurance necessary to convey title while an action for specific …
Aug 31, 2018 · Buyers almost always have a right to what’s known as specific performance of the sale contract, meaning that the seller must simply perform their end of the contract by closing escrow. An experienced real estate attorney can handle these filings and can represent you in a subsequent mediation or court case.
Specific performance is available as a remedy to enforce contracts for the sale of real property because the remedy of monetary damages is usually considered inadequate. Id. (citing Woliansky v. Miller, 135 Ariz. 444, 446, 661 P.2d 1145, 1147 (Ct. App. 1983)). In Canton, the seller of a condominium breached the sales contract and subsequently ...
Ask plenty of questions about their specialty, years of experience, number of closing per month, and rates. By preparing in-depth questions, you'll get all the information you need to make a wise decision and will show the attorney that you know what you're talking about.Jun 21, 2018
Visit the County Assessor Most states now have additional tools available for free property title searches. You can find these on your state government sites under "county assessor." You will have to select your county, and you can then search through the listed properties.
Real estate attorneys know how to, and are legally authorized to, prepare and review documents and contracts related to the sale and purchase of a home. In some cases, a real estate attorney is also the person who'll be in charge of your closing.Mar 1, 2022
North Carolina has a law that all real estate closings must take place with a North Carolina licensed attorney.Oct 28, 2011
The title deeds to a property with a mortgage are usually kept by the mortgage lender. They will only be given to you once the mortgage has been paid in full. But, you can request copies of the deeds at any time.Sep 4, 2019
Real estate title and mortgage fraud are on the rise. Thieves and fraud artists can, in fact, steal your home.
A Lawyer for Real Estate will make sure that the seller has clear and transferable ownership right over the property that he or she is selling. There should be no pending litigation on the property and the title should be transferable.
Under the law, really it's up to the parties to decide. It's a completely negotiable term. Each party or each side has an interest in choosing the closing agent. For the seller, they're the ones that have to provide clear title at the seller's table.
Attorney fees in the Triangle NC area range from about $375 – 600. Be sure to ask if the lower fees include the cost of the Title Search. Many attorneys will price that separately and that could range from $125 – 250.
buyerIf the lawyer does not give such notice, the lawyer will be deemed to represent both the buyer and the lender. CPR 100. If the lawyer represents only the buyer, the lawyer may nevertheless ethically provide title and lien priority assurances required by the lender as a condition of the loan.