what does an attorney do for a closing

The closing attorney is responsible for handling a number of issues at closing:

• Payoff and discharge of mortgages
• Payment and allocation of real estate taxes and utilities (water, oil, etc.)
• Payment of realtor commissions
• Disclosure and payment of lender fees and closing costs
• Funding of mortgage escrow account
• Payment of transfer taxes and recording fees
• Payment of pre-paid interest
• Distribution of sale proceeds

Full Answer

How much should a lawyer charge for a closing?

Jun 16, 2021 · A closing attorney is responsible for organizing and overseeing the closing of a real estate transaction, as well as preparing the necessary paperwork and contracts. In some states, it’s mandatory for a closing attorney to be present during a closing. A buyer, a seller and a lender can each have a closing attorney representing them at closing.

Should I hire an attorney for my closing?

Jul 24, 2018 · During the closing, your attorney will represent your interests and explain to you the purpose of each document you are signing and what impact these documents have on your closing. Your attorney. Disbursing Funds. Once a real estate closing is complete, a purchaser's attorney will ensure that funds from the closing are properly disbursed.

What are the responsibilities of a closing attorney?

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, truth in lender disclosures, and most importantly, the HUD-1 Settlement Statement. The closing attorney will also coordinate with the seller to receive the …

What are the duties of a closing agent?

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 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 happens after closing?

After closing, the closing attorney’s office updates the title, records the deed and the deed of trust at the Register of Deeds office, returns documentation to the buyer’s lender, and disburses funds to the seller, the seller’s lenders, the realtors, the new homeowner’s insurance company, and all the other parties whose funds were collected at closing.

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 does an attorney do at a closing?

During the closing, your attorney will represent your interests and explain to you the purpose of each document you are signing and what impact these documents have on your closing. Your attorney.

What is the role of a seller's attorney in New York?

The role of a buyer's attorney, however, is to review the terms of the contract and explain these terms to the purchasers so that the purchasers understand the document which they are signing.

What happens if you find a cloud in your title?

If any clouds in the title are discovered, your attorney will determine the necessary steps to resolve the issues.

Is a closing attorney required in New York?

Although a lawyer's assistance in a real estate closing isn't mandatory in New York, a closing attorney can be a valuable asset for a homebuyer, and provide peace of mind throughout the entire process. If you are purchasing a home in New York state, the Law Offices of Melvin Monachan can help.

Is it stressful to buy a house?

While purchasing a home is an exciting time in one's life, the process can also be extremely stressful. Contracts must be executed, the title must be checked, loan documents must be signed, and proceeds have to be delivered to the right people.

What is title insurance?

Title insurance is an insurance policy which protects both you and your lender from any costs which may accumulate if you were to have to defend the title to your property. Your attorney can help you obtain a title insurance policy for your home.

Who is Melvin Monachan?

Melvin Monachan is the founder of The Law Office of Melvin Monachan, PLLC, a full service, real estate law firm representing individuals, investors and corporate entities in all aspects of real estate law. On the transactional side, Melvin represents purchasers and...

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 the closing attorney responsible for?

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

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 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 much does closing cost add up?

Closing costs, such as legal fees, and other one-time expenses can really add up with your home purchase. Closing attorney fees can range from 2% – 4% of the purchase. Just keep in mind that you have to have extra cash on hand to cover these costs or have your realtor negotiate with the seller to pay all or a portion of your closing costs. ...

What is a point on a mortgage?

One point is one percent of your loan amount. This is a lump sum payment that lowers your monthly payment for the life of your loan. Estimated cost : Check with your mortgage broker. Pre-Paid Interest – This is money you pay at closing in order to get the interest paid up through the first of the month.

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

What is the job of a home inspector?

Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What is a closing attorney?

A real estate closing attorney is responsible for making sure the sale of a property is legally done. A real estate closing attorney helps ensure that the sale of a property from one party to another is fully legal. If you want to become a real estate closing attorney, you must dedicate many years to receiving an education about law and real estate.

What is the job of a title examiner?

Another major part of the job is performing title examinations, during which you research the history of a property to be positive that the seller is the rightful owner and there are no other claims to ownership. If there are other ownership claims on the title, it is your responsibility to solve these title issues.