The closing attorney disburses any and all other fees and amounts associated with the transaction, to include any real estate brokerage fees, county taxes that are due and payable, payoff monies for existing loans, homeowner insurance premiums for the purchaser/borrower, pest inspection fees, homeowner association dues ...
Overall, it's up to the parties to make a decision. Since both the seller and the buyer benefit from the services of this attorney, it is in their best interest to choose the one who will work best for both parties.
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.
the lenderThe attorney who directs the real estate closing process in Georgia represents the lender, not the buyer or seller. However, although the closing attorney represents the lender in the transaction, he or she has a responsibility to all parties involved to complete the closing in an efficient manner.
Many other states in the US operate their closings with a title company and no independent attorney is involved. However in North Carolina, this is not the case. North Carolina has a law that all real estate closings must take place with a North Carolina licensed attorney.
Unlike some states that allow title companies to facilitate home sales, residential property sales in North Carolina must be processed by a residential real estate attorney. In addition to the buyer, seller, and their attorneys, real estate agents and either an escrow or settlement agent may be involved in the closing.
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.
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)).
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.
buyerIf you are buying or selling real estate... In Georgia, it is customary for the buyer of real estate to select the designated closing attorney. However, the seller may negotiate an arm's length choice, particularly when contributing to the buyer's closing costs.
Georgia law requires a licensed attorney to close all real estate transactions. In other states, the title company handles the closing and matters pertaining to escrow.
They will register the deed with government agencies, which will then ratify that the buyer is the new owner. The real estate agent will then receive their commission. The seller will get their final fee after balancing the books and all fees closed.
Generally a seller will hire a real estate attorney once he or she has the offer to purchase on the table. A real estate attorney will help the seller negotiate the offer, so clearly buyer and seller would not use the same attorney.
The buyer provides their agent with funds to pay for the closing and signs all necessary paperwork. The buyer's attorney records the new deed at the courthouse. The escrow agent will use the escrow funds to pay off any remaining mortgage and other closing costs. The remaining funds are then sent to the seller.
In “Attorney States”, a licensed attorney must be present at and have control over the closing. This includes reviewing the title search, preparing affidavits, receiving and disbursing all money. Several east coast states are attorney states: Georgia, South Carolina and North Carolina.
licensed attorneysIn North Carolina, real estate closings are conducted by licensed attorneys in accordance with state law. It is the close out meeting between the buyer and the seller of real property wherein all the loose ends of a purchase is wrapped up pursuant to the agreements made in the Purchase and Sale Agreement.
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.
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.
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.
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
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).
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.
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 .
As outlined in the Settlement Statement, the closing attorney is responsible for handling a number of issues at 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.
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.
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 typical closing attorney will charge, whether it is done per hour or a fixed rate, between $500 and $1,500 total to conduct a home closing.
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.
Buyer’s Attorney Fee ($400 and up) – Depends on each State. This fee is paid to a Lawyer specializing in Real Estate Transactions who prepares and reviews all the closing documentation on behalf of the lender.