what it mean when loan originator tells says to pick a real estate attorney for the close

by Prof. Bernie Senger 6 min read

What is a loan originator?

Oct 21, 2016 · A Loan Originator or Mortgage Loan Originator (MLO) is the front door to the mortgage getting process. An MLO has two jobs; the first is to persuade you that their lending prowess is your best ...

What can a mortgage originator share with a real estate agent?

Loan originators may not receive compensation based on the terms of a transaction (except for payments based on a fixed percentage of the loan amount). Loan originators may not receive compensation from both the consumer and another party, such as a creditor (referred to as “dual compensation”). Loan originators may not steer a consumer to a

Why would a mortgage originator refuse to provide extra details?

Jan 25, 2011 · A mortgage originator can share with an agent that the borrower does have verified funds to close and is approved for the mortgage based on their credit, income and employment. These items may be addressed in a preapproval letter. Real estate gents will often call me to ask about a potential home buyer who has an offer pending.

Can a loan originator get compensation from a creditor?

Aug 19, 2019 · A real estate agent or attorney facilitates the closing by coordinating these activities necessary to ensure that the title to the property is transferred according to the terms of the purchase, sale contract and that the funds are accounted for on a settlement statement.

What does a real estate attorney do for a buyer?

A real estate attorney's role is to ensure the legal transfer of property from seller to buyer. These attorneys handle tasks like preparing or reviewing documents, ensuring that the title is clear and facilitating the transfer of funds.Apr 6, 2021

Why should a borrower seller have an attorney?

Hiring a real estate attorney is critical in ensuring that the legal transfer of property goes smoothly. Whether you're the buyer or seller will determine their primary objectives and purpose.Jan 6, 2022

Do you need a real estate attorney in Massachusetts?

In Massachusetts, the practice of closing transactions for buyers and sellers when there is a home loan is considered the practice of law; therefore, the settlement agent for any real estate closing involving a lender must be conducted by a licensed attorney.

Why do Realtors not want buyers and sellers to meet?

Why is it that agents are so reluctant to let buyers and sellers get together? Unlike most business deals, the sale of a home can get very personal and real estate agents are nervous about the parties dealing with each other. That's because most agents have seen what can go wrong when buyers and sellers meet directly.

What does a real estate attorney do in Massachusetts?

The responsibilities of a Massachusetts real estate lawyer include reviewing the contract, negotiating repairs, and making other changes to the terms of the deal. A lawyer will also attend a closing, which is the final step in executing a real estate transaction to ensure that everything goes fairly and smoothly.Jan 8, 2020

Is Ma'an attorney closing state?

Several states have laws on the books mandating the physical presence of an attorney or other types of involvement at real estate closings, including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New ...

Can you buy a house in MA without a realtor?

Learn how to for sale by owner (FSBO) in Massachusetts. If you sell or rent your own Massachusetts home (single-family, condo, land, multi-family property) without the assistance of a real estate professional, you're known in the real estate industry as a For Sale by Owner or FSBO.

Which states require attorneys for real estate closings?

Here's a list of Attorney Only States: Alabama, Delaware, Georgia, Massachusetts, New York, North Carolina, South Carolina, Virginia, West Virginia.

Can you close on a house without a lawyer?

In some state jurisdictions, it's also a mandatory prerequisite to hiring an attorney to gather all the documents and legal advice needed in the pr...

Would I still require a real estate attorney if I don't live in these states?

While certain states require attorneys at closing, not all do. Say, for instance, if you live in Indiana then your state would not require that you...

What is a mortgage originator?

A Loan Originator or Mortgage Loan Originator (MLO) is the front door to the mortgage getting process. An MLO has two jobs; the first is to persuade you that their lending prowess is your best borrowing option. The second is to help you navigate your way to the closing table.

What is information integrity?

Information integrity is the responsibility of the MLO and you the borrower. If the information used for your successful loan decision is true and correct and documentable, and if the loan is properly constructed, the remainder of the mortgage approval process should be drama free and your closing will be uneventful.

Where is the loan originator's wages and tips reported?

The loan originator’s wages and tips reportable for Medicare tax purposes in box 5 on IRS Form W-2, or IRS Form 1099-miscellaneous if the originator is an independent contractor, or, if applicable, both.

Is a profit based bonus a non-deferred compensation plan?

Compensation in the form of a profits-based bonus or similar payment (i.e., based on bank profits from mortgage-related activities) to an individual loan originator under a non- deferred compensation plan is excepted from the prohibition against compensation based on loan terms of multiple loan originators, provided that:

What is the law of the land?

The law of the land is also evident in the importance that real estate attorneys must adequately determine the legal description of the real estate. The description must be consistent with the homeowner’s mortgage and the deed. The attorney must also describe to the borrower, the specifications and terms of all the real estate documents.

Is it legal to be a non-attorney in Alabama?

The state of Alabama has made it legal for non-attorneys to manage and be in control of closing transactions. However, they are limited in their role and involvement in other matters dictating the closing process. The phrase non-attorneys encompasses terms such as the assistant to an attorney, other parties involved in the home buying process (such as title companies), etc.

What is a settlement agent in Virginia?

The Real Estate Settlement Agents Act authorizes licensed attorneys, title insurance companies, real estate agents, real estate brokers, and financial institutions to serve as Settlement Agents. This means that by law, the purpose of this Act is to provide consumer protection safeguards and to define who can lawfully provide real estate settlement services in Virginia. Basically, this says that Virginia’s state government requires that you have an attorney closing or title company present at closing for real estate transactions to provide you with legal advice should you need it for when you’re ready to buy a house.

Do you need an attorney for closing?

Being a sought-after retirement destination, it is essential for retirees as well as other buyers to know that it is mandatory to hire an attorney for the closing transaction. Your attorney will have the responsibility to gather all legal documents, the necessary paperwork, and make preparations for all facets that grant the homeowner legal rights. The attorney will also have a right to determine the validity and legitimacy of the property as well as the title to the property.

What is a real estate closing attorney?

Much like Virginia, for property closings in West Virginia, real estate closing attorneys coordinate the closing or settlement process for the property being purchased. A real estate agent or attorney facilitates the closing by coordinating these activities necessary to ensure that the title to the property is transferred according to the terms of the purchase, sale contract and that the funds are accounted for on a settlement statement.

Does Massachusetts require an attorney to close a transaction?

The state of Massachusetts places great emphasis on having an attorney for closing transactions on any real estate. The attorney is responsible not just for closing, but they are also required to be actively involved in the processes that need to be taken care of before and during the closing. Moreover, it is illegal for notaries to conduct the closings. Also, the attorney is also responsible for determining the adequacy of the title draft, doing the deeds, and managing the legal transfer of the property.

What is the role of a real estate agent?

A real estate agent or attorney facilitates the closing by coordinating these activities necessary to ensure that the title to the property is transferred according to the terms of the purchase, sale contract and that the funds are accounted for on a settlement statement.

What is a notary loan signing agent?

A notary loan signing agent can be used for a signing if the property is located in an escrow state. For instance, if you are a loan signing agent in New York (an attorney state) it’s possible to be called upon to notarize a set of loan documents for a property located in California (an escrow state) if the borrower resides in or is visiting New ...

What is an escrow company?

Put simply, in an escrow state, an escrow company directs the closing of a real estate transaction. Whether it be between a buyer and seller or a lender and borrower, the escrow company is the neutral third party playing quarterback to the transaction.

1. Show your industry knowledge

The mortgage industry changes at a breakneck pace, and agents want to know that they’re partnering with an industry expert who will help guide them and their borrowers through the trickier aspects of the mortgage process.

2. Add value with email marketing

Because agents get so many emails from lenders, it’s in your best interest to figure out a way to add value with your email marketing. One agent we talked to raved about a loan officer who would send him weekly industry updates and rates.

3. Grow your social presence

Agents rely heavily on referrals to drive their business, so they’re constantly looking for ways to build their brand and gain exposure. Work on building your social media presence so you can sweeten the deal for potential agent partners by being able to provide them exposure and co-branded opportunities.

4. Back up your claims

As an Inman Report notes, “Lender marketing efforts directed at real estate professionals mean nothing if the lenders cannot back up their advertised claims. Real estate professionals only want to work with lending partners with a proven track record whom they can trust to help clients get what they need to close on time.”

5. Establish a local presence

Realtors want a local lender who knows their market and can be available to meet the borrower face-to-face. Focus your networking efforts in your local market by becoming an affiliate member of your local real estate agent association.

8. Keep your promises

Many agents we talked to seemed wary or downright jaded about building new relationships with loan officers. The reason? Consistently bad experiences with loan officers who make empty promises with no follow-through. Put your money where your mouth is and get your team to consistently deliver on your promises.

9. Get creative with communication

Agents are constantly bombarded with cold emails from loan officers. So what if you focused your efforts elsewhere? Share their posts on social media and interact with them digitally, or—even better—network in-person at local networking events.

How does funding approval work?

Getting funding approval entails getting a funding number from the lender AND receiving the lender and closing parties’ funds. When funding authorization is required, the closing attorney cannot disburse any money including your real estate commission until all funding conditions are satisfied.

Can a closing attorney disburse funds?

Obviously, the closing attorney cannot disburse if the attorney does not have all funds. Some lenders wire the funds the day before closing but most wire the day of closing or even after closing. When a wire is sent from the lender, please note that the wire must work its way through the Federal Reserve. This process can take up to several hours.

How long does it take to close a loan?

Depending on the lender and the day of the month the process can take as little as 5 minutes or as long as several hours.

How long does it take to get a loan approved?

Depending on the lender and the day of the month the process can take as little as 5 minutes or as long as several hours. Closings occurring late in the day, on Fridays or toward the end of the month typically take longer for funding authorization and in some cases do not fund until the following day. After the lender is satisfied, the lender’s ...