What Documents Do You Need To Close A Real Estate Transaction
At a Florida real estate closing, you can expect to review and sign all applicable documents in the presence of a notary. These documents can include…
- Mortgage agreement,
- Mortgage note,
- Closing disclosure (CD),
- Settlement statement, and
- Various affidavits regarding a clear title.
A title company is included within the contract of sale. Your closing attorney and title don’t get involved until negotiations have been completed and the valid agreement or contract has been signed. It’s highly recommended that you use a realtor and sometimes a real estate attorney to negotiate.
As your closing attorney, I use a select group of vendors regarding lien searches, surveys, and inspections. This allows us to expedite the process once the contract has been signed so that we can close as quickly and as smoothly as possible.
As a closing attorney, I am backed by The Fund and underwritten by Old Republic National Title Company. You can have peace of mind to know that you have an experienced attorney on your side, ensuring that all the moving parts are coming together for your good.
As closings are time sensitive and people’s lives are as remote as ever, we are extremely flexible regarding the time and location of closing. Whether it be in an office, at your home, or in a coffee shop, we understand that our willingness to get the job done means that we can close anywhere, anytime.
What Is A Clear Title And Why Does It Matter?
A clear title is a title that comes back without any liens, levies, or encumbrances from creditors or other third parties. Having a clear title is important because it gives the owner the sole power to convey the property.
If a title search comes back with any issues, a closing attorney will work to resolve these issues. If they are unable to resolve all issues to clear the title, the purchaser will not be able to obtain title insurance and the transaction can potentially fall apart.
What Are Common Issues That Could Hold Up A Real Estate Transaction?
Common issues that could hold up a real estate transaction are…
- Forgeries or illegal deeds,
- Undiscovered encumbrances,
- Survey or boundary issues, or
- Human error in recording.
Many issues can hold up a real estate transaction. Having an experienced real estate attorney can help mitigate some of these issues and resolve them to help streamline the process wherever possible.
Why Should A Real Estate Lawyer Conduct The Closing?
Clearly, there are considerable legal complexities involved in any real estate transaction. From the title liens to contract review, a botched job or small error could snowball into disastrous consequences down the road.
The last thing you want, three years into settling your family into a new home, is an unexpected easement, foreclosure on an old lien, or other drastic disturbance. Having a lawyer conduct your real estate closing grants you the peace of mind essential to building a new life in a new home.
While the cost of hiring a lawyer to assist with your closing is already not extravagant, when compared to the total value of the sale or property, and hence what is at stake in the case of a mistake, it becomes insignificant.
Finally, having an attorney handle the paperwork and procedures is simply a convenience. We have done this hundreds or even thousands of times, and are more than happy to spare you the stress, time, and headache of navigating an unfamiliar and complicated procedure.
- Everything You Need To Know About Escrow In Florida
- What A Closing Attorney Handles During The Real Estate Process