when you refinance your house, do you need an attorney

by Kattie McClure V 3 min read

As with many legal and financial transactions, refinancing a mortgage can be a daunting task. While not required, it's important to protect your interests by hiring an experienced mortgage refinancing attorney.

Do I need a lawyer to refinance my mortgage?

Jan 10, 2020 · Generally speaking, you will need a lawyer to assist you in refinancing your mortgage, but you will not need a lawyer if you renew your mortgage. Let’s breakdown three of the most common scenarios: you refinance with a new mortgage lender, you refinance with the same mortgage lender, and; you renew your existing mortgage with the same bank.

Do I need a real estate attorney to buy a house?

Refinancing has its complexities, but most homeowners don't need the services of an attorney to navigate the process. Refinancing Alone When you refinance on your own, without the assistance of a real estate attorney, you save the money a lawyer would charge for what might amount to nothing more than some advice and administrative tasks.

Do I need a lawyer to register a new mortgage?

Jan 18, 2013 · When refinancing your home you do not need a lawyer to represnt you although you may want to hire one to help explain the documents you will be signing. Typically at a refinance closing an attorney representing the lender and a title closer representing the title company to notarize the documents will be present.

How much does it cost to refinance a mortgage?

Aug 16, 2019 · “A vast majority of borrowers do not hire an attorney to oversee or assist in the refinance process because the mortgage lender will prepare all closing documents and ship them to the settlement...

image

What should you not do when refinancing?

10 Mistakes to Avoid When Refinancing a Mortgage1 - Not shopping around. ... 2- Fixating on the mortgage rate. ... 3 - Not saving enough. ... 4 - Trying to time mortgage rates. ... 5- Refinancing too often. ... 6 - Not reviewing the Good Faith Estimate and other documentats. ... 7- Cashing out too much home equity. ... 8 – Stretching out your loan.More items...

What do you need when you refinance your home?

Depending on your loan type and lender, you'll likely need to meet the following refinance requirements: a current mortgage loan in good standing, enough home equity, a qualifying credit score, a moderate debt–to–income ratio, and enough cash to cover the costs of refinancing.

What is the true cost of refinancing a mortgage?

You'll pay closing costs, which include fees for the origination, home appraisal, and recording, among many others. In general, you can expect to pay between 2% and 5% of the total loan amount. The average cost to refinance a mortgage is $2,398, according to ClosingCorp.Nov 29, 2021

What to expect refinance closing?

What to expect. Closings usually take place at a title company. For a refinance, it'll be you and any co-borrowers and a closing agent in attendance. You'll need to bring a state-issued photo ID and a cashier's check or wire transfer to pay for outstanding items or closing costs that aren't rolled into the loan.

Do you lose your equity when you refinance?

Do you lose equity when you refinance? Yes, you can lose equity when you refinance if you use part of your loan amount to pay closing costs. But you'll regain the equity as you repay the loan amount and as the value of your home increases.Aug 13, 2021

Does refinancing hurt your credit?

Refinancing will hurt your credit score a bit initially, but might actually help in the long run. Refinancing can significantly lower your debt amount and/or your monthly payment, and lenders like to see both of those. Your score will typically dip a few points, but it can bounce back within a few months.

How much does refinancing cost out of pocket?

It is typically included in the total loan amount to avoid any upfront, out of pocket costs. Expect to pay around 1-1.5% of your principal balance to make up these charges. So, if you have a principal balance of $250,000, expect to pay around $2,500-$3,750.

How long it takes to refinance a home?

30 to 45 daysA refinance typically takes 30 to 45 days to complete. However, no one will be able to tell you exactly how long yours will take. Appraisals, inspections and other services performed by third parties can delay the process.

How do you tell if I should refinance my mortgage?

So when does it make sense to refinance? The typical should-I-refinance-my-mortgage rule of thumb is that if you can reduce your current interest rate by 1% or more, it might make sense because of the money you'll save. Refinancing to a lower interest rate also allows you to build equity in your home more quickly.

When refinancing do I get money back?

When you refinance, you replace one mortgage with another. Funds from the new mortgage will be used to repay the old loan. Refinancing also means that loan servicing may be transferred from one servicer to another. This is the time when you need to work carefully with your new lender and your old lender.Jul 24, 2018

How long does it take to get money after refinance?

Expect your cash-out refi to take about 45 to 60, and plan to wait three days after closing before you see any cash. Budget accordingly, making sure to give yourself a cushion of time before you need the funds. It's best practice to shop around for the best mortgage lender and get rate quotes from several to compare.Nov 18, 2021

How long does a refinance take after appraisal?

How Long Does A Refinance Take After An Appraisal? A refinance typically takes 30 – 45 days to complete from start to finish, but how long does a refinance take after appraisal? When the appraisal comes in, it shouldn't take longer than two weeks to close on your mortgage.Sep 20, 2021

How to refinance a mortgage without an attorney?

When you refinance without an attorney, the first step is to examine your current mortgage. Determine whether it includes a prepayment penalty and figure out what your interest rate is . If you have an adjustable-rate mortgage, determine how close you are to the maximum interest rate and how soon your lender could raise your rates. The next step is comparing new mortgages, which is very much like the process of shopping for your original mortgage. Because refinancing is so similar to getting a mortgage, you're even more likely to be able to move through the steps without an attorney's assistance.

How can I save money on my mortgage?

By Dennis Hartman. Refinancing your mortgage can be one of the best ways to save money. Refinancing can replace your current home loan with one that has a lower or fixed interest rate or a longer payment period that reduces your monthly bill. Refinancing has its complexities, but most homeowners don't need the services of an attorney ...

Is refinancing a mortgage free?

The refinancing process still isn't free; lenders charge fees when you sign up for a new loan, and your old mortgage may have a prepayment penalty that you'll need to pay when you transition from your old mortgage to the new loan. If you choose to employ a mortgage broker, you'll need to pay a commission fee as well.

Can I refinance my home on my own?

When you refinance on your own, without the assistance of a real estate attorney, you save the money a lawyer would charge for what might amount to nothing more than some advice and administrative tasks. The refinancing process still isn't free; lenders charge fees when you sign up for a new loan, and your old mortgage may have a prepayment penalty ...

Why refinance a mortgage?

Homeowners may consider refinancing a mortgage loan for a variety of reasons – from obtaining lower interest rates to adjusting the duration of the loan. As with many legal and financial transactions, refinancing a mortgage can be a daunting task. While not required, it’s important to protect your interests by hiring an experienced mortgage ...

What is predatory lending?

Predatory lending refers to lenders who target people with dishonest tactics like charging hidden fees and providing misleading information about loan terms. These schemes may appear to be favorable and affordable, but they are deceptive and can trap the borrower in a cycle of debt.

Is refinancing a mortgage a legal process?

Refinancing your mortgage involves many different parts and it can be a complicated legal transaction . An attorney can help you simplify the process and ensure it runs smoothly. In addition, they can provide peace of mind by reviewing your documents and guiding you on what steps to take next.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

What is a real estate attorney?

A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.

How much does a real estate attorney charge?

If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you. How and how much a real estate attorney charges will vary, but here are some basic ranges to give you an idea of what you’ll spend: 1 Fixed hourly rate: A real estate attorney who charges an hourly rate may charge $150 – $350 per hour, but this can vary a lot depending on how experienced the attorney is and what area you’re in. 2 Fixed rates for specific services: They may also charge a flat fee for the particular services they provide. For example, a real estate attorney might charge $500 – $1,500 to conduct a home closing. Their fees may also depend on the sale price of the property in question.

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

David R. Lucas

The short answer is no, however don't think that a simple rate change means simple documentation by the bank. You'll still sign away your "first-born"! A good lender will let you choose your own attorney to handle the refinance closing. I would ask the lender about that option...

George M. Megaloudis

Non attorney closings are illegal in Massachusetts. If the lender isn't using a lawyer and just a notary, the transaction doesn't smell right. Typically, most people don't use an attorney on a refinance, but there seems to be something about this deal that isn't sitting well with you.

Kati M. Amarantes

It is always a good idea to have an attorney review your mortgage documents. Do you have to have one, no, but again I would strongly recommend you do. For a simple refinance, it should not cost a lot to just have the peace of mind of the review of the documents. However, it is solely your choice...

Take the guesswork out of refinancing

When refinancing a home, you want to know your refinance goal, find the best lender and product to achieve it, and get your paperwork together to make it happen.

How to use this refinance checklist

Our mortgage refinance checklist covers most of the bases. Learn what’s involved, and how to prepare properly. Being ready can simplify the process and provide better peace of mind.

Step 1: Ask yourself questions

Is a mortgage refinance worth it? To help you decide, answer these queries:

Step 3: Collect the paperwork

Before you can request and compare refinance loan offers, you need the right records in hand. Gather these documents:

Step 4: Shop around and ask questions

Compare mortgage rates and programs from several lenders (easy to do online). Then contact the most competitive lenders. Prepare to ask the following questions:

Step 5: Apply and make final preparations

Once you’ve narrowed down your list to a preferred lender, prepare for the following:

Get started on your refinance

Refinancing is not simple, but it doesn’t have to be overwhelming. And the benefits can be surprising.

image