If you are ready to buy or sell a home, a real estate closing attorney is essential to the process. The role of a real estate closing attorney is to ensure that all parties understand the legal process. They are there to make sure that everything is compliant with the laws of North Carolina. To understand what a closing attorney does, here are five main obligations that a firm should carry out.
The buyer and lender expect a clear property title at closing. Once the contract to purchase has been agreed upon, a closing firm begins examining the title. For the protection of the buyer, an evaluation of the restrictions, encroachments, and easements occurs. This process lets the parties know that the title is transferable from seller to buyer. Then, the search finds any existing mortgages on the property that need to be satisfied to transfer the title. For the protection of the lender, a firm also reviews any judgments, mortgages, or liens on the property.
Title insurance is necessary because if a problem with the title in the future arises, it protects the buyer and the lender. After the title examination, your attorney writes an opinion about the title for the title company. This allows them to issue a title binder, which is necessary for obtaining title insurance. Because real estate closings are handled by attorneys in N.C., title insurance premiums are relatively low.
Your attorney’s office coordinates all the parties related to the closing. This includes communicating with the buyer, seller, lender, and any other stakeholders. The coordination of all these parties ensures that the closing will meet the timeline. Real estate closing attorneys work to ensure all the paperwork is in order, and there are no outstanding issues.
On the day of closing, a real estate closing attorney is present to ensure that the buyer understands all of the legal documents that require a signature. This includes going over the deed, settlement statement, and loan documentation.
Recording and Disbursement of Funds
A closing attorney finalizes the transaction and distributes all the funds. After reviewing all the documents, the real estate closing attorney will make a final assessment of the title and deed. Then the attorney issues the final opinion on the title and pays the title company. Last is the recording of the deed and mortgage and disbursement of all funds, including brokerage fees, taxes, homeowner’s insurance premiums, seller proceeds, and attorney fees.
As you can see, finding the right real estate closing attorney is crucial to making sure all the process is smooth and seamless. When you’re looking for a closing attorney in the Raleigh area, find the help you need with Moore & Alphin.