Thursday, July 15th, 2010
Real Estate Attorney’s Do Much More Than Conduct Your Closing
Connecticut Real Estate Closing Attorney’s do much more than simply conduct your real estate closing. Most of the closing attorney’s work is done behind the scenes. There are numerous steps the attorney must perform before and after your closing.
Prior to the closing, a title examination is done on the property. This is done to check that the Seller is really the property’s owner, and not an imposter trying to defraud you. The examination also reveals what mortgages and other liens exist on the property.
The title examination is extremely important. All mortgages and other liens on the property must be paid by the Seller at closing. If any of the Seller’s debts are not paid at closing, then they become your responsibility. The Seller’s creditors can foreclose on your property if they are not paid.
Prior To The Closing
Prior to the closing, the attorney must prepare all documents necessary for your transaction. This may include your Deed, Offer to Purchase, and Purchase and Sales Agreement. The attorney must order any payoffs from existing mortgage holders on the property, contact the City/Town for the balances on all taxes and utilities, and fix all title problems. The attorney must also work closely with your lender and real estate agent to coordinate all aspects of the transaction.
At the closing, the attorney will carefully review and explain dozens of legal documents to you, and answer all questions that you may have. The attorney will also make sure that all documents are properly signed and notarized.
After The Closing
A significant portion of the real estate attorney’s function is performed after the closing. At this time, all checks are written to pay off any liens on title. The checks are sent to the creditors, so that the liens will be taken off of the title.
Your Deed and mortgage are brought to the Registry of Deeds to be recorded. This requires a second title examination that will check for any liens recorded after the first title examination.
When the Deed is recorded, you become the lawful owner of the property. At this time, you will be allowed to move into your home.
After recording the Deed, the attorney prepares your Connecticut Title Insurance policy.
Tuesday, July 13th, 2010
Why You Need a Real Estate Attorney to handle your closing.
A Notary Public Cannot Give Legal Advice
The real estate closing process has become much more complicated in recent years. At closing you will be signing dozens of complicated legal documents that affect your legal rights and responsibilities. Only a licensed attorney can provide you with legal advice.
Be skeptical of title companies that employ notaries to handle your transaction. A notary public’s role is only to witness your signature and to tell you where to sign. They can not explain to you what the documents that you are signing mean.
At Kane Title Services, Attorney Jason Kane personally oversees every transaction and is available to answer any questions that you may have.
Your Hard Earned Money is at Risk
When you buy a home, the title company will be handling all of your hard earned money. This includes your down payment and the funds that you are borrowing.
Do you trust that your money is safe being held by a non- attorney owed title company? Attorney’s have legal and ethical obligations to protect your money.
All funds held by Kane Title Services are placed in an attorney escrow account.
Do You Know Your Title Company’s Credentials
When you buy a home, you are also buying its title. The legal significance of this is profound.
If your title company makes a mistake and does not find a Seller lien during the title search, you will be responsible. For example, if the Seller owes $20,000.00 to the IRS and the title company does not discover this lien during the title search, the taxes become your responsibility. If you do not pay off this debt, the IRS can foreclose on your home and you will lose everything!
List of our credentials
Is Your Title Company Insured in Case Something Goes Wrong?
What if something went wrong at your closing?
Legal malpractice insurance is required of attorneys who perform real estate closings for lenders. This insurance along with your purchase of title insurance will guarantee that if a mistake is made, you will not get stuck with the bill.
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