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Law Blog

TOP TEN REASONS TO USE A LAWYER WHEN YOU PURCHASE A HOME

• I AGREED TO WHAT? Confirm that the closing documents are consistent with the sales contract;

• THAT FIGURE CAN’T BE RIGHT Review settlement statement and confirm that the figures are correct, prorations are accurate and all estoppel figures are included;

• ALONE IN THE DARK Neither the closing agent nor the seller’s attorney is there to protect your interests;

• A REFUND FROM MY LENDER, WHAT’S THIS? Major changes to the Good Faith Estimate and HUD-1 Settlement statement in 2010 are difficult to understand. Borrowers could be entitled to a refund from the lender if some charges vary;

• COULD I BE “SHORT CHANGED” IN A SHORT SALE? Short sales- verification of correct payoff figures from the existing lender, condominium and/or homeowners associations and municipal liens. Verification that the existing lender will fully release the lien with a satisfaction of mortgage and discharge of the Lis Pendens;

• DID THAT CLOSING AGENT STEAL MY MONEY? Attorneys cannot prevent defalcation by a title company. However, we can make certain that the title insurance underwriter has issued a closing protection letter that insures against theft;

• ISN’T THE GAP A CLOTHING STORE? Verify that documents have been recorded immediately after closing. Judgments, liens, deeds, etc. can be recorded between the effective date of the title commitment and the recording of your warranty deed (called the “gap period”);

• DOES THAT EASEMENT RUN THROUGH MY HOUSE? Review survey, loan documents and inspections;

• WHO IS IN MY CORNER? Disputes arise at the closing table regarding repairs, inventory, inspections, etc.. Your attorney would be there to negotiate a settlement or draft an agreement with your best interest in mind;

• THE SELLER DIDN’T OWN THE HOUSE? Make certain that the title commitment provided immediate protection and follow through on the issuance of your final policy.

            The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this article are for general informational purposes only. Information in this article may not constitute the most up-to-date legal or other information. Readers should contact an attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this article should act or refrain from acting on the basis of information in this article without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.

            The views expressed at, or through, this site are those of the author writing in their individual capacity only – not those of Scott-Harris as a whole. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content on this posting is provided “as is;” no representations are made that the content is error-free.

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