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Real Estate Closings for Buyers

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Don't risk closing without legal representation.

Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special issues of practice, and problems not present in other transactions. A real estate lawyer is trained to deal with these problems and has the most experience to deal with them.

In most states, it's not mandated that you work with a real estate lawyer. Your real estate agent is generally equipped to handle purchase agreements and bills of sale. However, they will stop short of offering legal guidance.

The Law Offices of Debi Rumph represents both buyers and sellers in residential closings. Many homeowners and soon-to-be-homeowners have been led to believe that it is in their best interests not to hire a lawyer to represent them in the home buying/selling process.

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The reality is that most homeowners do not understand the…

(1) contract that they sign with their realtors,
(2) real estate contract,
(3) contract that they sign with their mortgage broker,
(4) promissory note,
(5) mortgage,
(6) good faith estimate,
(7) HUD Settlement Statement,
(8) title insurance policy, etc.

Therefore, many homeowners may over spend thousands of dollars UNNECESSARILY in home buying process without even knowing it.

The closing is the most important event in the purchase and sale transaction.

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The deed and other closing papers must be prepared. Title passes from seller to buyer, who pays the balance of the purchase price. Frequently, this balance is paid in part from the proceeds of a mortgage loan. A closing statement should be prepared prior to the closing indicating the debits and credits to the buyer and seller. An attorney is helpful in explaining the nature, amount, and fairness of closing costs. The deed and mortgage instruments are signed, and an attorney can be assure that these documents are appropriately executed and explained to the various parties.

The closing process can be confusing and complex to the buyer and seller. Those present at the closing often include the buyer and seller, their respective attorneys, the title closer (representative of the title company), an attorney for any lending institution, and the real estate broker. There may also be last minute disputes about delivering possession and personal property or the adjustment of various costs, such as fuel and taxes. If you are the only person there without a lawyer, your rights may be at risk.

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