who does the attorney represent at a closing

What does a closing attorney do?

In addition, if the property is being purchased with a mortgage loan, then a closing attorney can also represent the interests of the mortgage lender. However, it should be noted that the main purpose of a closing attorney isn’t to represent the buyer or the seller but to facilitate an otherwise daunting closing process.

Do buyers and sellers have legal representation at the closing?

The Closing Attorney's Role EVERY SO OFTEN AT THE CLOSING TABLE, A BUYER WILL ASK ME WHAT MY ROLE IS IN THE CLOSING PROCESS. It’s a valid question since our very first face-to-face interaction may be at that table. Up until this point, we may have only been communicating through phone calls and emails. Assuming we are representing the buyers, and a lender is …

Who is responsible for closing on a house in real estate?

Feb 10, 2011 · And it is true, generally the seller can stipulate who the closing attorney shall be simply because they are paying the cost for the attorney. But if a lender is involved in the transaction (in the State of Georgia), the attorney represents the lender, and acts on the behalf of the lender throughout the whole transaction.

Do you need a real estate attorney to close a house?

May 08, 2015 · The closing attorney not only talks with lenders, buyers and the seller, but may coordinate with real estate brokers, surveyors, merchants or parties that hold judgments that have attached to the real estate, the seller’s mortgage holder (payoff request), the purchaser’s prospective homeowner’s insurance company, the county tax department, adjoining property …

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.

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 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 .

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).

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.

Who mails deed of trust to buyer?

Final documents. Once the original deed and original deed of trust are returned to the closing attorney from the Register of Deeds office, the closing attorney mails the deed to the buyers, and the deed of trust to the buyer’s lender.

What happens after a title is recorded?

After the proper documents have been recorded to convey title as the parties intended, we issue a final title opinion and title insurance premium to the title company addressing the requirements they may have included in the title binder. The title company issues the final title policy and sends it to the buyer and to the lender. At this point, we are ready to retire the file so you can move into your new home.

What is an opinion of title?

Next, an opinion of title is submitted to a title insurance company. This opinion will disclose, among other things, who owns the property, whether the taxes have been paid, and whether there are any liens or judgments against the property . The opinion will also address whether there is access to the property, public or private, as well as easements or restrictive covenants.

What happens after a loan settlement?

After the settlement, we send the signed loan documents to the lender, record the deed and deed of trust with the Register of Deeds office, then disburse the proceeds, paying off liens on the property, recording cost, lender fees, and often repairs and commissions to agents.

What does a title search paralegal do?

Our title search paralegals check the information on the property, the buyer, and the seller to see if any liens affect the property. They look for deeds of trust, judgments, past due taxes and information to make sure the sellers are the owners of the property – otherwise, anything that might affect the buyer’s ownership of the property or an issue that clouds the title.

What happens if a preliminary title opinion is submitted to the title company?

Once a preliminary title opinion has been submitted to the title company, the title company will issue a binder. A copy of this binder is submitted to the lender for review so any questions or concerns can be addressed prior to closing. If the lender doesn’t have any concerns, then the loan will continue to be processed and made ready to close. Upon receipt of the loan package and the necessary seller documents, we are ready to go to settlement.

Can a lawyer do an opinion of title in North Carolina?

In North Carolina, providing an opinion of title is considered the practice of law, therefore, only a North Carolina licensed attorney can do this . We are searching for any potential legal issues that might affect the buyer’s ownership of the property: a defective deed with an erroneous legal description or a defective notary acknowledgment in the chain of ownership. If a defect or “cloud on title” is identified, we determine if there is a simple solution to resolve the issue or if a more complex resolution is needed to “clear title”.

What is the closing attorney's job?

There are five primary functions handled by the closing attorney during a real estate transaction: Title examination: The buyer and lender will both want a clear title for the property. Without clear title, the sale may become much more complicated.

Where is the closing attorney located?

While the closing attorney is typically located in or near the county where the property sits , many actual real estate closings today are handled on one or more sides using overnight mail with payments via ACH or wire.

What is title examination?

The title examination is for the purchaser and the lender to evaluate title to the real estate. The purchaser will need to know whether there are certain restrictions of use, easements, encroachments or whether the title is marketable and clear for the seller to transfer the property to the purchaser. The closing attorney will identify any existing ...

What documents are reviewed at closing?

The closing attorney is available to explain documents such as a deed, a note, a deed of trust, a settlement statement, disbursement at the end of the transaction and loan documentation required by the lender.

Does title insurance have to be purchased at closing?

Title insurance is optional for the purchaser in a real estate closing if he or she does not have to get financing through the bank or mortgage broker; is a requirement for most all lenders at the time of purchase or refinance of real estate.

What is a title company?

It is important to note that a title company represents neither the buyer or seller in a transaction. A title company issues the title policies and prepares the settlement documents according to the terms of the contract only. The employee of a title company cannot review a contract, prepare an addendum thereto, or explain the terms therein on behalf of a buyer or seller. Only an attorney may make recommendations for the benefit of their client.

What happens if you buy a house?

The repercussions from making a bad deal are plenty and include, among other consequences: losing a deposit, over-paying, inheriting a title or survey defect, incurring costly repair bills, and accepting irregular mortgage terms.

What is disclosure of facts?

Disclosing all known facts materially affecting the value of residential property that are not readily observable to the buyer.

Does a broker represent you in Florida?

Broker relationships differ from state to state and a new comer to Florida should not assume that their Broker solely represents them during the transaction. The sure way for a buyer or seller of real estate in the state of Florida to be fully represented throughout their transaction is to hire a lawyer to conduct the closing and issue the title insurance . We welcome your call to discuss our representation and the costs associated therewith. Play it safe and hire an attorney.

Is a broker a broker in Florida?

Presently, the only authorized brokerage relationships in Florida are single agents, transaction broker, and no brokerage relationship. It is legally presumed that all licensees are operating as transaction brokers unless a disclosure to the contrary is made in writing. The duties of a transaction broker include:

What is the job of an attorney?

According to Cowart, the attorney’s primary job is to review, and sometimes draft, the title and contracts and to facilitate the closing process; in states where an attorney’s participation is not mandated, title companies typically conduct these steps.

Which states require a real estate attorney to close?

Nebraska: Real estate attorneys are not essential for closing but may be advised by your real estate agent. Nevada: Real estate attorneys are not essential for closing but may be advised by your real estate agent. New Hampshire: New Hampshire requires a licensed attorney to conduct real estate closings.

Why do real estate attorneys help?

Provide peace of mind to all parties. Thanks to their experience and education, real estate attorneys can provide some peace of mind for all parties involved. They help protect clients from legal disputes and streamline the closing process for a smooth sale.

What is a fact checker in real estate?

In many ways, real estate attorneys serve as “fact-checkers.” Agents can often defer to an attorney’s better judgment, concerning everything from initial contracts to the breakdown of final closing costs.

How much does a real estate attorney charge?

However, some attorneys charge a flat fee for their assistance in real estate transactions, and these costs can range from $950 to $5,000. The buyer usually foots the bill for this expense, but they may negotiate for the seller to pay the fees in some instances.

What do attorneys do before transferring a property title?

Before transferring the property title, attorneys evaluate public records on a property’s history, to uncover any potential liens or other issues that might negatively impact the title for the new owner.

Do you need an attorney to close a home sale?

There are a number of laws responsible for regulating real estate transactions, and they vary nationwide. In fact, some states require a licensed real estate attorney conduct the closing of your home sale. Even if you don’t need an attorney, there are a number of complex scenarios in which agents often recommend hiring an attorney.

What does a closing attorney do?

The closing attorney typically explains the contents of all relevant documentation to the buyer and seller prior to signing. And although buyers and sellers are often represented by counsel during the real estate purchase and sale process, the closing attorney handles the closing alone and receives no input from other legal professionals. ...

Who does the closing attorney represent in Georgia?

The 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.

What is the closing statement in Georgia?

In addition, Georgia law requires the closing attorney to prepare a statement that details all receipts and disbursements from the seller and the buyer. This detailed statement must be provided to both parties and the broker, if applicable.

Can a buyer and seller have legal representation at closing?

However, both the buyer and seller may have legal representation present at the closing. Both federal and state law dictate the attorney’s role in the closing process. The federal law addressing this issue is the Real Estate Settlement Procedures Act (RESPA), while Chapter 47 of the local Georgia real estate license law specifies additional ...

Does Georgia require a real estate attorney to be present at closing?

In Georgia, each real estate closing must be conducted by a Georgia real estate attorney.