• Closing Attorney

    Closing MortgageIs the Closing Attorney Representing Me?

    The answer is, probably not.

    In a residential real estate closing, quite often people assume that the attorney conducting the closing on their new home is representing their interests at the closing.   However, odds are the attorney is NOT.   This is true even if the buyer or seller selected that particular closing attorney, and even if the buyer or seller pays the attorney fees. 

    By law in Georgia, the closing attorney represents the lender when a loan is involved in the transaction.   It is the closing attorney’s job to transfer title, ensure the lender obtains a priority lien on the property, and collect and disperse the funds properly.  While many of these tasks mirror the goals of the buyer and seller, the closing attorney’s primary duty is to represent the lender.   If it is a cash transaction, absent an agreement to the contrary, the closing attorney typically represents the party who contacted them to perform the closing. 

     The closing process can be confusing and complex.  The only way to ensure proper representation is to retain independent counsel.  Hiring your own lawyer can help you avoid some common problems with a home purchase or sale or a commercial closing.  A lawyer can assist with:

    • Drafting the Purchase and Sale Agreement (the “Contract”) to ensure it contains the necessary terms and contingencies;
    • Assisting with disputes among the parties prior to closing, such as one party attempting to back-out or terminate the Contract, inspection problems, title problems, or failures to obtain financing;
    • Reviewing the loan documents from the mortgage lender to provide assurances concerning your rights and liabilities for your new mortgage;
    • Reviewing the closing documents to ensure the deeds and legal descriptions are correct; and
    • Answering questions throughout the closing process.

     If you are looking to buy or sell your home, contact our firm today at 770-888-7707 or closing@markweinsteinlaw.com to receive a free initial consultation.  Let us help you ensure you have a smooth closing.

     

    Author:
    Kara Webb, Esq.

     

     

    photo credit: Mortgage via photopin (license)

Comments are closed.