pre closing attorney what do they do

What Does A Closing Attorney Do?

• Prepare Closing Documents A seller’s attorney is responsible for drafting up the initial contract for the home sale. ...
• Conduct A Title Search A closing attorney performs a title search to look for liens, easements or other issues with the property across its chain of title. ...
• Obtain Title Insurance ...
• Gather Information ...
• Coordinate The Closing Date ...
• Review Closing Documents ...
• Distribute Funds ...

Full Answer

What is the lender's attorney's responsibility at the closing?

The closing attorney's primary function is to take care of all arrangements necessary to close the lender's mortgage transaction. The closing attorney coordinates all of the efforts outside of the loan approval process that allows the closing to take place.

What is a pre closing?

If you and the seller agree to the terms of the contract, then the offer is officially accepted and you're on the way to purchasing your new home!

Who chooses the closing attorney in Alabama?

In some areas, closings take place with title companies, but most in Alabama are handled by attorneys. If the real estate agent does not select the attorney the lender will suggest one. Most homebuyers rely on their real estate agent to select an attorney, but I recommend asking your lender for a referral.

Who is responsible for requesting a loan payoff statement before closing?

In most cases, the closing attorney will contact the Seller before closing to obtain payoff information. The attorney will usually ask the Seller for the lender's contact information, account number, and social security numbers.

What should you not do before closing?

5 Things NOT to do Before Closing on Your New Home (And What you SHOULD do!)Don't Buy or Lease A New Car.Don't Sign Up for Deferred Loans.Don't switch jobs.Don't forget to alert your lender to an influx of cash.Don't Run Up Credit Card Debt (or Open New Credit Card Accounts)Bonus Advice! Don't Chew Your Nails.

What happens 2 weeks before closing?

Two Weeks Before Closing: Contact your insurance company to purchase a homeowner's insurance policy for your new home. Your lender will need an insurance binder from your insurance company 10 days before closing. Check in with your lender to determine if they need any additional information from you.

Is a closing attorney required in Alabama?

In Alabama, non-attorneys can conduct closings. However, there are restrictions in both the Alabama code and case law on what activities a non-attorney can perform related to the closing.

Do you need a closing attorney in Alabama?

Alabama is one of the few states that requires a licensed real estate attorney to draft and prepare all legal documents involved in a real estate transaction (Ala. Code § 34-3-6(c)).

How long does it take to close on a house in Alabama?

What's the average time to sell a house in Alabama? The average time it takes to sell a house in Alabama is 78 days — 43 days to get an offer and an additional 35 days to close. This is approximately 1.3% slower than the national average.

What are the 4 steps in the closing process?

What are the 4 steps in the closing process?Close revenue accounts to Income Summary. Income Summary is a temporary account used during the closing process. ... Close expense accounts to Income Summary. ... Close Income Summary to Retained Earnings. ... Close dividends to Retained Earnings.

Who usually represents the lender at a closing?

When there is a loan involved, the lender's attorney must handle the closing. For this reason there will often be three real estate attorneys involved in the sale of property, one representing the buyer, another the seller, and the third representing the mortgage lender.

What happens during the closing process?

The loan closing is attended by you, your Realtor and attorney; the seller and/or his or her representatives; and representatives from the lender; During the closing, paperwork is completed to transfer ownership of the property from the seller to the buyer and all monies are exchanged.

What is pre closing in loan?

Pre-closure is the process when one repays the loan before the loan tenure ends. Some lenders do levy a penalty for preclosing the loan. However, pre-closure at times does help in lowering the interest rates and debt burden. The banks have different lock-in periods before which one can close the loan.

Do they run your credit the day of closing?

Q: Do lenders pull credit day of closing? A: Not usually, but most will pull credit again before giving the final approval. So, make sure you don't rack up credit cards or open new accounts.

How many days before closing do you get mortgage approval?

How many days before closing do you get mortgage approval? Federal law requires a three-day minimum between loan approval and closing on your new mortgage. You could be conditionally approved for one to two weeks before closing.

What is a pre closing audit?

These audits identify issues in a pending loan transaction that should be mitigated prior to closing. Our experienced team of auditors ensure that your business stays compliant by reviewing your Pre-Funding loan files as required by Fannie Mae, Freddie Mac, FHA, VA, RHS, State Compliance and more.

How does a closing attorney work?

Briefly, the closing attorney searches the records at the County Register of Deeds Office to determine ownership of the property, find restrictive covenants, check for access to the property, identify any easements or rights that benefit or burden the property. The title is reviewed for 30 or more years, to be sure a “chain of title” is in place leading to the current owner (this time period may be shortened if a “prior” title insurance policy can be found). The closing attorney also checks the records at the County Clerk of Court’s Office to be sure there are no judgments of record that create liens on the property. If the property is being sold out of an estate, the Clerk’s estate records are also checked to determine who has to sign the deed, and to be sure the estate has been properly processed. The closing attorney reviews County Tax office records. The closing attorney also checks with the municipality in which the property is located to be sure there are no outstanding assessments owed by the seller.

What is a closing attorney?

The closing attorney represents the buyer in the buyer’s purchase of real estate, or refinance of a mortgage loan. The closing process can be divided into three parts: Pre-closing, Closing, and Post-Closing. Here are some of the responsibilities and tasks of the closing attorney.

What is included in the closing package?

The closing attorney reviews the loan package, typing in the legal description, property tax information, homeowner’s insurance information, and various terms and details as needed to ensure the documents are fully complete and accurate. The closing attorney adds other documentation to the closing package that will be reviewed at closing, such as a copy of homeowners insurance, the title insurance binder, a copy of any plat map, any restrictive covenants, any home warranty. A copy of the entire package is made for the buyers.

What to bring to closing?

Information Gathering. One of the main tasks for the closing attorney’s office is gathering information from a variety of sources, and assembling it for closing, including things such as: 1 Homeowners insurance policies and premiums 2 Homeowners Association Dues (which are collected and/or prorated at closing) 3 Termite reports, home inspections, other costs to be collected at closing 4 Home warranty information 5 Realtor commission information

What is final title opinion?

Final Title Opinion. Soon after recording the closing attorney draws up a “final title opinion” which reports the deed and deed of trust recording information, and the status of the seller’s mortgage loans that have been paid off, to the buyer’s title insurance company, and the closing attorney send s that title opinion to the title insurance company along with the title insurance premium .

Where does closing take place?

CLOSING. All the preliminary activity leads up to The Closing, which usually takes place at the closing attorney’s office. The closing attorney and the buyers attend, of course, and usually their realtor and occasionally the lender. The closing attorney reviews all the documentation involved in the transaction with the buyers.

What funds are needed to close a house?

Funds to Closing. The buyers are informed of the amount of money to bring to closing (which must be either “certified funds” such as a cashiers check, or wired funds).

What is the closing attorney responsible for?

As outlined in the Settlement Statement, the closing attorney is responsible for handling a number of issues at closing:

What does an attorney do after closing?

After the closing, the attorney processes the loan funding, performs a title rundown to ensure there are no changes in the title, then records the deed, mortgage and other recordable instruments. The attorney will also ensure that all paid off mortgages and liens are discharged.

Do closing attorneys get title insurance?

The closing attorney also coordinates the issuance of title insurance to the lender and the new home buyer. I always recommend that buyers obtain their own title insurance policies because even with the most accurate title examination, there can be hidden title defects that could derail a later sale or refinance. Look no further than the Land Court Ibanez foreclosure mess for what can happen when you don’t get an owner’s title policy.

What does an attorney do after closing?

After the closing, the attorney processes the loan funding, performs a title rundown to ensure there are no changes in the title, then records the deed, mortgage and other recordable instruments. The attorney will also ensure that all paid off mortgages and liens are discharged.

What is closing attorney?

The Closing#N#As the closing day approaches, the closing attorney will coordinate with the lender for the preparation and delivery of numerous documents to be signed at closing, including the mortgage, promissory note, and most importantly, the HUD-1 Settlement Statement. The closing attorney will also coordinate with the seller to receive the deed to the property, final utility bills, and condominium certificates. The closing attorney is responsible for handling a number of issues at closing: 1 Payoff and discharge of mortgages 2 Payment and allocation of real estate taxes and utilities (water, oil, etc.) 3 Payment of realtor commissions 4 Disclosure and payment of lender fees and closing costs 5 Funding of mortgage escrow account 6 Payment of transfer taxes and recording fees 7 Payment of pre-paid interest 8 Distribution of sale proceeds

Who conducts the closing?

The closing attorney then conducts the closing. He will explain the numerous loan and closing documents signed by buyer and seller, collect and distribute all funds, and otherwise ensure that the closing is properly conducted.

Who is responsible for examining the title of a property?

The closing attorney is responsible for examining the title to the property. For purchases, the title is researched going back 50 years. The closing attorney carefully reviews the title examination to ensure there are no title defects; if there are any issues, the attorney will work with all parties to resolve them.

Who is Monarch Law and Title?

At Monarch Law & Title we are experienced Florida real estate closing attorneys. Please contact us if you need legal assistance with your purchase, sale or refinance transaction.

Does a closing attorney do the closing?

Not only does the real estate closing attorney conduct the closing. Before a sale/purchase contract is signed we often review/negotiate the purchase and sale agreement. As attorney-closing agent we can simultaneously be the escrow agent that hold any funds, such as earnest money, in escrow until they are disbursed, the title agent who examines evidence of title and issues the title policies to the buyer and lender, the closing agent who prepares the settlement statement and disburses the funds, and the attorney for the seller or buyer.