Questions To Ask Your Closing Attorney Before Closing On Your Home

For people looking to buy a home, the process can differ from those looking to sell their home. Overall, owning a home is no easy feat. Not only do you need to be prepared for everything homeownership entails, but you also need to find the right closing attorney to help you through the purchasing process.

Closing on a property involves numerous legal and financial steps for the transaction to be completed. Without a qualified real estate attorney’s assistance, you risk making a mistake that could cost you your home.

What Is A Closing Attorney (And How Can They Help)?

A closing attorney plays a vital role in making sure that a real estate transaction is legally sound and smoothly executed before ownership is officially transferred. They conduct title searches to confirm that the property is free from liens, disputes, or ownership issues, and they help resolve any legal complications that may arise.

Your attorney will also take on the bulk of the work by reviewing purchase agreements, preparing closing documents, and overseeing the proper transfer of funds to protect both buyers and sellers from potential risks. Legislation in every state around the necessity of an attorney for closing differs, but the involvement of a legal professional will help prevent costly mistakes and ensure legislative compliance.

Depending on the client, a real estate attorney can assist with both the sale and the purchase of a home. For buyers, they can ensure that the title is clear, review all contacts, explain the various costs associated with closing, assist with mortgage requirements, and finalize the sale. For sellers, your attorney will provide contract guidance, resolve any title issues, negotiate buyer requests, coordinate closing documentation, and secure the payment transfers.

Overall, your attorney will help prevent last-minute surprises and ensure a successful closing.

Questions To Ask Your Closing Attorney

Your closing attorney will play a vital role in reviewing the necessary paperwork and ensuring that all legal requirements of the sale and purchase are met. However, before you completely seal the deal on your new home – you may want to ask your attorney a few vital questions.

1) Does the property have any title issues that need to be resolved?

You must always have a title search done before closing. This will help determine if there are any legal issues with the current ownership of the house. These issues could include things such as old mortgages, unpaid property taxes, or even inheritance claims. Before you finalize the sale, you will need to show that the property has a clear title to save you both time and money in the future.

2) Is it necessary to have a title insurance policy? What does it cover?

This policy will protect you from any unforeseen ownership disputes, liens, or even potential errors in public records. Keep in mind that without a title insurance policy, you could open yourself up to additional legal and financial difficulties to keep your new home. Title insurance assures you that you have the proper title to your new home, free of all liens.

3) Are there any outstanding liens, judgments, or claims on the property?

Buying a home can be a stressful experience, you don’t want to worsen that experience by dealing with potential debts tied to the home itself. Make sure that your closing attorney confirms that any outstanding claims are cleared before you close. You don’t want debtors knocking on your door when you’re meant to be enjoying your new home.

4) When closing, will I receive a clear and marketable title?

A clear title means that there are no disputes or legal issues associated with the title for the property. A marketable title ensures that if you want to sell the home at a later stage, you can do so without any legal complications.

5) Are there any costs I should expect, and can a breakdown be provided?

Purchasing a home can be costly and no one wants to be blindsided by additional costs. Clarify all closing costs with your attorney ahead of time, including the fees for insurance, attorney fees, lender fees, taxes, and more. Keep in mind that there may even be “hidden” fees such as HOA fees or municipal lien searches. Ask your attorney for a detailed breakdown so you can budget accordingly.

6) How will property taxes be handled at closing?

Depending on your state, property taxes can be paid in arrears (for the previous year). In some situations, the seller may credit you for their portion at closing, so clarify with your attorney how this will be handled (and what impact it could have on you). Regardless of when the taxes are paid, they are apportioned at closing so that you only pay for the taxes attributable to the time that you own the property.

7) Are all lender requirements fulfilled for closing?

Mortgage lenders may have additional last-minute requirements, such as financial statements or proof of insurance. It’s important that your attorney clarifies that all conditions have been met to prevent any unnecessary last-minute delays.

8) What happens if there are last-minute financial delays?

While it’s not something you’d intentionally want to happen, these situations can pop up. Speak to your real estate attorney about unforeseen circumstances, such as financial delays, and how they could be handled if your lender withdraws approval or delays funding. Your attorney may be able to negotiate an extension so you don’t lose your new home or any upfront costs you may have already paid for due diligence done on the property.

9) What happens if the seller doesn’t fix agreed-upon repairs?

During the purchasing process, you may have your attorney negotiate with the seller to have certain things fixed before the sale is finalized. If your home is not in an agreed-upon condition or has incomplete repairs, your attorney will be able to advise you on your available options, including holding the funds in escrow until the condition of the house is in an agreed-upon state and the repairs are completed.

10) When will I receive my new home’s keys and have official ownership?

When it comes to closing, you will want to celebrate officially owning your own home. Property ownership is recorded with the county once all relevant documentation has been signed and the funds have been transferred. Speak with your real estate attorney about the timeline for receiving your new home’s keys.

Asking your attorney these questions will help you avoid unexpected legal, financial, or logistical challenges when trying to close on your home.

Closing With The Team At Handin Law

Closing on a home is the final and most critical step in your home-buying journey. By taking the time to review legal, financial, and procedural details with the help of a reliable attorney will give you peace of mind and ensure a successful closing. By addressing these key questions with your closing attorney from the Law Offices of Gary I. Handin, P.A., you can avoid costly surprises, protect your investment, and confidently move forward with your new home.