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Attorneys And The Closing Process |
What You Should Know
Your signing of the purchase contract and application to your lender for a mortgage often leads to an attorney's office. You undoubtedly have questions as to the role of the closing attorney, what tasks the attorney will perform and what will take place at the closing. In Connecticut it is most common that the attorney for the buyer also represents the lender. This is allowed under Connecticut law and under the Rules of Professional Conduct adopted by the American Bar Association, as revised by the Connecticut Bar Association. However, in the event Attorney Keily is representing your lender, please be advised that you may retain your own attorney to represent you for your purchase.
We will make every effort to assist you in the closing transaction. Sometimes issues arise regarding the record title to your new property. If there are title issues or issues involving inaccuracies, we endeavor to resolve them and keep you informed of all relevant issues. We seek to resolve title issues and disputes as reasonably as possible.The fees quoted to you by your lender include a variety of items. Those which involve our office may include the following and are standard transactional items for representing the lender in residential loan transactions:
Legal Fee - May include any or all of the following: obtaining a title examination from title examiners who search town clerk's records, title review, obtaining tax and lien information, loan document preparation, title certification, communications with you, sellers, brokers, etc., conduction the closing, payoff of liens and/or mortgages and sundry other matters relating to the loan closing.
Title Abstract - A review of the title to property.
Mortgage Survey Plan ( if required )- Sometimes referred to as a plot plan, this is a tape measure survey of the land to be mortgaged to determine that it was not in violation of zoning when constructed and that no buildings or improvements encroach upon the property or over its lot lines.
Municipal Lien Information - Obtained from the city or town where the property lies including all outstanding tax and utility liens.
Title Insurance - The lender requires a loan policy of title insurance for the loan amount in order to protect their interests from issues relating to the title to the property that could not be determined from an examination of the record of the title.
Recording Costs/Courier & Certified Copy Fees - These include the cost to courier the mortgage payoff and loan documentation for safe and timely delivery, to record the mortgage and other transactional documents and obtaining Town Clerk certified copies that may be required in certain transactions.
This is a list of some of the items that you may be asked to pay in a normal residential loan transaction. In the case of a no point/no closing cost transaction your lender will pay these costs. This explanation should serve as a brief overview of the items described above. For a further explanation please contact your lender or our office.
The mortgage loan closing process may sometimes seem complicated and confusing. However, you will find that a few minutes of simple explanation can almost always relieve any anxiety or confusion about the process. We look forward to seeing you at your closing.