How an Attorney Helps Guide You Through a Real Estate Closing

by Ann Hayward 09/20/2020

Real estate closings could be quite simple at one end of the spectrum or very difficult at the other end. In most cases, you will need to understand the legal ramifications of signing several documents, including the note, mortgage, transfer of title, mineral rights, title insurance and tax documents. If your closing is complicated, you should always have an attorney present.

Simple Closings

It is very rare to have a simple closing, but it could happen. If you are buying raw land for cash, the closing is usually quite simple for the buyer and seller. You don’t need a mortgage, but you will need title insurance for yourself. You’ll also need a deed. The seller will need to sign the requisite tax documents.

Another simple closing is when you purchase a manufactured or modular home and put it on land that you already own. The closing, even with a mortgage, is easy and between the buyer and home manufacturer. However, if you need a construction loan while the home is being built and/or set up, the closing becomes more complicated since you must close twice. The first closing is the construction loan on the money you borrow for the home. The second loan is the loan that covers the finished product. Closing with a builder of a home that is built on-site is more complicated than closing on a manufactured or modular home.

Closings Gone Wrong

While no one wants to have a closing go wrong, it does happen. Your lawyer might find mistakes in documents, including the loan estimate. You might find that the seller did not disclose pertinent information about the home – information that would have prevented you from making an offer on a home and could be cause to break the contract without prejudice. It is always better to have a real estate lawyer review the documents prior to closing and at the closing to ensure that your best interests are met.

List of Closing Documents

At the closing, you will have to review and sign most of these documents:

Closing disclosure that dictates the terms of your loan and the closing costs you will pay.
Your loan application. You must sign a new copy of the application you submitted to the mortgage company, so be sure to review it and make sure everything is correct.
The mortgage note that binds you to repay the loan should have the amount you borrowed, the interest rate, payment date, the amount you will pay over the life of the loan, the length of the loan and other information.
The mortgage or deed of trust is what provides security for the loan. When you sign this document, you are putting your house up as collateral. If you bought land separately, the lender might also use the land as collateral.
The title and/or deed to your home. The deed is proof of ownership.
Affidavits, depending on your situation.
Escrow disclosure that tells you how much of your payment goes to escrow and what the escrow is used for. It is usually for county taxes and homeowner’s insurance.
Property transfer tax documents.

When scheduling your closing, even if your real estate agent is using a closing agent, consider having your own attorney present. It could save you a lot of headaches and heartache if the lawyer catches something amiss with the closing.

Legal

Closing Costs

Closing On A Home

About the Author

Ann Hayward

Born in Philadelphia and raised in the suburbs, Ann Hayward got her Pennsylvania real estate license at age 18 even before going to college. This second-generation real estate professional followed in the footsteps of her father and two uncles, inheriting their passion for the business. Licensed in DC, Maryland and Virginia, Ann is accomplished in her career, with numerous designations including SFR, SRES, PSA, WHC, and multiunit Housing Development Finance Professional (HDFP) from the National Development Council. She specializes in Prince Georges and Montgomery Counties, Northern Virginia and Washington, DC, all jurisdictions where Ann has lived and knows very well. In addition to her professional expertise, she owns and manages personal investment property, understands and has been involved in the renovation/remodeling process, and has great resources which she shares with clients. When you hire Ann to represent you, she will make your buying or selling experience an enjoyable, rewarding one. Her compassion, sensitivity to her clients’ needs, eye for detail, and ability to see the big picture when guiding you through a purchase or sale are unique assets that will ensure your success. A diverse and relevant background also gives Ann a distinct edge. For 30 years, she worked in fast-paced, high-pressure television and theatrical production, attaining the highest achievement – DGA membership as a Director, and as an award-winning staff and freelance writer. Her keen audio visual skills and design sense benefit sellers in marketing their properties, and are invaluable in helping buyers see the potential of space. A true renaissance woman, Ann was also an income tax professional and office manager for H&R Block, so she thoroughly understands the tax and financial implications of acquiring and selling real estate. Her superior organizational skills are further evidenced as owner of a downsizing/professional organizing business, Managed For You, which allows her to connect with everyone from millennials to boomers and seniors, whether for small space planning or assisting with major decluttering and transitioning. Ann holds an AB in American History from Simmons College, Boston, plus attended Robert Wagner Graduate School of Public Administration where she was a candidate for Doctorate. She additionally studied Film Direction at the American Film Institute in LA, and was a Stanford University post-graduate Professional Journalism Fellow. Personally, Ann is an avid if not very good golfer, and the co-founder of a nonprofit 501c3 organization offering educational guidance, tutoring and counseling for youngsters from elementary school through college admission. She sits on the board of trustees of a nonprofit educational film production corporation as well. (202) 494-6252 [email protected]