Month: April 2018

What to Expect at a Real Estate Closing

If you’ve never bought or sold property before, the process of closing on your real estate deal may seem a little mysterious. Who is there? What do you need to be prepared for? What will happen? There’s no doubt: closings can be complicated events. In fact, it’s even a bit difficult to tell you “what to expect” in a general sense – every closing is unique. So here are some broad strokes on what a closing entails.

What is a real estate closing?

The real estate closing is the last step in a real estate transaction. This is where you get (or give) thekeys. It’s the point of no return (but it’s not that scary). Transfer of ownership generally happens when one party turns over the deed of the property to the other party – but it’s typically a lot more complicated than simply signing on the dotted line…

 

 


Who is present at the closing?

The list of who is present at a closing can vary slightly from situation to situation, but here is a general list of the major players at a closing:

  • The seller or the builder’s representative (if it’s a new home)
  • The buyer
  • Attorneys for the seller and the buyer
  • Real estate agents for the seller and the buyer
  • The mortgage lender / representative
  • The title company representative (sometimes one in the same as the mortgage lender’s representative)
  • The closing agent – this is the person who is in charge of guiding the proceedings. Sometimes the closing agent is also the title company representative or another person on this list.
  • A notary public

What do I need to do before the closing to assure it goes smoothly?

Your attorney will review all of the closing documents prior to closing to ensure everything goes smoothly. Your attorney will make sure you have taken all the appropriate financial steps before the closing and will let you know exactly what will happen at your particular closing.


There is one other very important step you should take before closing on a property that you are purchasing: 24 hours before the closing, you should do a final walk-through of the property. At this point, you can determine if any changes have been made to the property or if there is any damage to the property that wasn’t there when you signed the contract. If there are problems with the property, they should be dealt with then – not at the closing. Whether or not you are working with a real estate attorney, please do not skip this step – you don’t want to complete the closing, only to find out that you’re going to have to pay for repairs that you did not expect.

Where does the closing happen?

A closing can happen anywhere, but usually takes place at the offices of one of the professionals involved.

What am I expected to bring to the closing?

The answer to this question depends, of course, on whether you are the buyer or the seller and in either case, your attorney will prepare you and make sure you have everything you need. In general, if you are the seller, you need to bring the keys to the property (if applicable). If you are the buyer, you will generally be paying money at the closing, but that doesn’t necessarily mean you’ll be bringing a check with you. The most important thing to remember as a buyer is to communicate with your attorney, who will be sure you are ready for the closing.

What are the actual steps of a closing?

You’ll be doing a lot of signing at the closing so warm up your John Hancock skills. As a buyer, some of the most important documents are those that detail the terms of your mortgage loan. These are complex legal documents that use industry-specific terms that may be unclear to someone who is not a legal real estate professional. Your attorney will thoroughly review these documents – usually before the closing itself – and will make sure its safe for you to sign the documents.

If you are working without an attorney, it is crucial that you pay close attention to these documents. If you see anything you don’t understand or see something that isn’t what you expected, do not sign the loan documents until the issue has been resolved. Once you sign these documents, they are binding legal contracts.


At a closing, you will likely sign the following documents:

  • Closing disclosure / settlement statement – this is a list of all your credits and charges. It is itemized and at the bottom will list the amount you owe. You and your attorney should receive this document a few days before the closing so you can review it thoroughly.
  • Mortgage / promissory note: this is your “IOU” with the mortgage lender.
  • Mortgage / deed of trust: this document secures the mortgage / promissory note.
What can go wrong at a closing?
Optimally, your closing will be smooth sailing; having a real estate attorney as your partner in this process can help make sure that happens. But sometimes even when we do all the right things and follow all the steps, events that are out of our control occur. In fact, there are enough crazy stories out there about ruined closings that we’ll save those details for another time.

That being said, should your closing hit a few bumps in the road, it’s more important than ever to have an experienced real estate attorney at your side, whether you are the buyer or the seller. At Chang Legal, we have the experience necessary to guide you confidently through the process and to help you manage any problems that may arise along the way.


If you are thinking about buying or selling property, we’d love to chat with you about how Chang Legal can help make the process as easy and as successful as possible for you. Please email us at ContactUs@changlegal.com or call 847-907-4971 today.

The Five Most Common Real Estate Terms

Legal real estate deals can be hard to follow, especially if you do not have any background in the law. Knowing the process of legal real estate transactions may not make any sense to the average person, this is why Change Legal is here to help you better understand the most common real estate terms and how they are relevant with your specific real estate deal.

Comparables

Comparables can be generalized to be a property that is similar in size, condition, and other relevant features to the real estate property you may be purchasing. This gives your real estate attorney and you a better idea of the general price of a property similar to yours.

Closing

Closing is the end of a real estate transaction, particularly where the former property owners give the keys to the buyers.

Closing Cost

The closing cost is the expense the buyer is required to pay in relation to their loan for the real estate deal.

Foreclosure

Foreclosure is the process where a lender or the bank can take over the title of a property if the owner can no longer afford the expenses of the homes. This does not occur after one missed period, but is nearly impossible to stop once initiated.

Mortgage

The mortgage is a formal agreement between the lender and new home owner on the set amount of money the owner will pay over a certain period of time. For example, a homeowner may pay 2,000 dollars every month for 10 years.

To learn more about the five most common real estate terms or to get support with your real estate issue, contact Change Legal today.

Understanding Real Estate Contract Clauses

When it is time to buy a house, you can be put into a sticky situation if you are not careful with reading over the home purchase contract. It is essential to consult with your real estate lawyer before signing any agreement to ensure you know all that comes with it. Furthermore, a home purchase contract can be very long and a lot of information to process, this is why hiring a real estate lawyer is an important use for you.

ChangLegal is here to provide you the a few of the essential things that a home purchase contract includes:

– Address of the property
– Price you are offering for purchase
– Down payment amount
– The time elapsed that is allowed for the seller
– Date the sale will be closed
– Date of you taking possession of the home
– Items/furniture included in the purchase of the property
– Items/furniture not included in the purchase of the property

These are only a few of the general factors involved in a home purchase contract. It is important to contact your real estate lawyer if the seller initiates any counter offers, such as the following:

– Higher purchase price
– Eliminating certain contingencies they do not feel is necessary
– Removing items from the same such as furniture and appliances
– Time for seller to empty the house of items not included in the purchase
– Seller is allowed to a liquidated damage clause which entitles you to pay them if you back out of the deal besides any contingencies listed in the contract

Contact Your Real Estate Lawyer

If you and the seller are going back and forth with negotiations and you feel that you are making no progress with the purchasing of the home, then it may be time to contact your real estate lawyer. Hiring a real estate lawyer from the start of purchasing a property will speed the process up. ChangLegal has been practicing in real estate law for over 15 years, contact us about your real estate issues and to learn more about how we can support you today.