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Law Blog


• 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.
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