why pay for a real estate lawyer that refers closing to a title company

by Gladyce Stamm 9 min read

The title company’s role is to prepare the basic closing documents required by the title insurer to complete the transaction and issue the title insurance policy. Choosing a real estate attorney to assist you during the process of buying or selling a home means that you will have access to legal advice when it is needed.

Full Answer

What is the role of a title company and closing attorney?

They represent the buyer as opposed to the insurer, assisting with any legal problems or questions that might crop up during the settlement process. Rochford Real Estate Law offers the services of both title company and closing attorney.

Should I hire a title company for my real estate closing?

Choose the title company or real estate attorney that provides most, if not all of these. Naturally, at Title Partners of South Florida, we strive to maintain all of these attributes and we strongly suggest partnering with a title company for your real estate closing. Here’s why:

Do real estate attorneys charge more than title companies?

Our firm and most other local real estate attorneys charge approximately the same amount as title companies. We have even seen some title companies charge more than our typical closing fees. But, hiring an attorney can actually save you money because of the many legal issues that arise during the transaction.

Do I need a real estate attorney to complete a closing?

An experienced real estate attorney will provide necessary legal advice to you regarding the transaction and completing the closing. If you hire a title company to complete the closing and then find yourself in need of advice from a real estate attorney, you will then end up paying separately for the closing and the legal advice.

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Which of the following tasks is a closing attorney's responsibility?

The closing attorney's primary function is to take care of all arrangements necessary to close the lender's mortgage transaction. The closing attorney coordinates all of the efforts outside of the loan approval process that allows the closing to take place.

Who usually represents the lender at a closing?

When there is a loan involved, the lender's attorney must handle the closing. For this reason there will often be three real estate attorneys involved in the sale of property, one representing the buyer, another the seller, and the third representing the mortgage lender.

Who should review the settlement statement before closing?

When you are in the process of closing, you will receive a settlement statement. They arrive three days before closing from your lender. This document is commonly known as the “closing disclosure.” Essentially, this is for buyers to review in advance before closing.

Who is usually responsible for ordering and reviewing the survey of the property?

If the closing goes beyond 60 days you must collect a search closing charge from the seller to pay this bill. Who is responsible for ordering and paying for the updated survey? The seller/sellers attorney is also responsible for ordering and paying for this.

Why do Realtors not want buyers and sellers to meet?

A real estate agent stops that. It's intimidating to have the sellers in the home when buyers walk through it. They may not feel as comfortable looking in all the areas they want to look. When the sellers aren't present, buyers feel more comfortable looking around and see everything the home offers.

Who pays for closing costs?

Closing costs are paid according to the terms of the purchase contract made between the buyer and seller. Usually the buyer pays for most of the closing costs, but there are instances when the seller may have to pay some fees at closing too.

Does a closing disclosure mean I'm approved?

Does receiving a Closing Disclosure mean the loan is approved? The loan is approved prior to a lender issuing a Closing Disclosure. However, you'll want to make sure your credit, income and debt are in check during this timeframe until the transaction is finalized.

What is the difference between closing and settlement?

A closing is often called "settlement" because you, as buyer, along with your lender and the seller are "settling up" among yourselves and all of the other parties who have provided services or documents to the transaction.

Is closing statement same as closing disclosure?

The closing statement or closing disclosure is intended to share the details of a loan right before closing so both the buyer and lender are on the same page. You can receive a closing statement for various types of loans issued, but a mortgage closing statement is the most recognizable and commonly discussed.

What's true about an escrow closing?

What's true about an escrow closing? The buyer and seller must be present. The buyer's and the seller's attorneys must be present. All settlement services are handled by a closing agent.

Does the seller get a copy of the survey?

The seller's rights over the survey report A seller doesn't have any right to see a copy of reports unless the buyer chooses to disclose them and the surveyor/valuer must not discuss the report's actual or likely contents with the seller without the buyer's knowledge and consent.

Which two items will appear on a closing disclosure?

A Closing Disclosure is a five-page form that provides final details about the mortgage loan you have selected. It includes the loan terms, your projected monthly payments, and how much you will pay in fees and other costs to get your mortgage (closing costs).

Who handles closings for a home?

Instead, buyers have the option to choose an attorney or a title company to handle the closing and the seller has the option to choose an attorney or prepare his own deed and closing papers.

What happens after a contract is signed?

Buying or selling a home is an involved process that is heavily regulated by state laws and there are many issues that come up after the contract is signed, including the home inspection, the bank appraisal, financing and underwriting, title issues, the walk-thru inspection and related matters. It is important that buyers and sellers of real estate have experienced professionals to represent them during the entire transaction.

Can a title company provide legal advice?

Issues that arise in the title search or survey: If issues arise in the title history or on the survey, a title company cannot provide legal advice or guidance on these issues.

Does Virginia require a real estate attorney?

Unlike many other states, Virginia does not require buyers or sellers of real estate to use an attorney for the real estate transaction.

What is the benefit of having a real estate attorney handle closings?

Another benefit of having a law firm or attorney handle your real estate closing is the closing will be handled or overseen by a licensed real estate attorney. Legal issues or questions often arise during the course of a real estate transaction. A real estate attorney can oftentimes deal with these legal issues in the proper manner faster than a title company. A real estate attorney is also able to provide legal advice during the closing process regarding matters such as title questions, the impact of title exception documents on the property, questions regarding surveys ( such as access or encroachment issues), and questions about how to take title (such as via a quit claim deed or warranty deed; or as joint tenants with rights of survivorship versus as tenants in common). A title company on the other hand is limited in the type of advice they can provide because they are not attorneys.

What is a closing in real estate?

I have found in my real estate practice that a real estate closing is often the first time a person has been to a law firm or personally dealt with an attorney. After a closing, the parties will now have a law firm they are familiar with and can utilize for other legal issues and services, such as estate planning, wills and trusts, probate, divorce, personal injury, business law or other real estate matters.

Communication And Trust

Our dedication to superior customer service, and our efficient and transparent communication system are why thousands of homebuyers and sellers have chosen Title Partners of South Florida to handle their closings since 1995. Check out our reviews on Google, Yelp or Facebook. Social proof is an essential tool for selecting a title company.

Security And Regulatory Compliance

Choosing a title company with strict regulatory compliance is essential. Attorneys are not regulated by the Florida Department of Financial Services as title companies are. Also, a title company that has the ALTA (American Land Title Association) best practices certification will:

Title Insurance Customized To Your Needs

All title insurance issues, questions and recommendations are best handled by a title company. You should purchase title insurance from a title insurance company because:

Your Overall Closing Experience

Working with a title company is not just about signing documents and buying title insurance. At Title Partners of South Florida, we always strive to provide you with a unique and memorable closing experience. We pride ourselves on being:

Title Company Works for Insurer

Because the title company is the front office for the title insurance company, the title insurer, it is the title company’s priority to handle, and establish, on the face, the correct titles of the piece of property from government records, and title searches, and apply the appropriate insurance carriers policies.

Attorney Can Help Legal Issues in the Contract

It is only an attorney that can assist in any legal issues that may occur in a transaction. It is, in fact, the attorney, a member of a law firm, who actually writes the binding contract for the parties of the transaction, and thereby can support the contract in Court.

The costs Hiring Title Company and Attorney Are Comparable

In the end the cost differences for the two services are equivalent. Thus, it might be just the best decision to use an attorney for the task. An attorney is final, a title company is but one part of the process, and still costs the same.

Should I use a title company or lawyer?

Based on the above, an attorney is the most favorable choice over a title company. An attorney is a one stop shop, there you will get full service and peace of mind. There is no better alternative to have the transaction completed and secured for the long term.

What is the difference between a title company and a closing attorney?

A title company provides no legal advice, legal protection, nor makes contracts. In contrast, a title attorney provides all of the above, and the total cost is about the same. Quite simply, there is no valid reason to rely on a title company to complete a real estate transaction.

What is the difference between a closing attorney and a title company?

A significant difference between working with a closing attorney as opposed to a title company is the breadth of involvement. A closing attorney's responsibility is multi-faceted. They can help with loan documentation ...

What does a closing attorney do?

The task of the closing attorney is overseeing the purchase and sale agreement in a real estate transaction. The attorney will review all documents associated with the purchase. These instruments range from deeds to settlement statements. Closing attorneys also take on the task of examining the title and overseeing the purchasing of the title insurance. A significant difference between working with a closing attorney as opposed to a title company is the breadth of involvement. A closing attorney's responsibility is multi-faceted. They can help with loan documentation and disbursement, as well as, explain deeds and notes associated with the purchase. They represent the buyer as opposed to the insurer, assisting with any legal problems or questions that might crop up during the settlement process.

What is the job of a title company?

A title company's primary responsibility is confirming the legitimacy of a property’s title and then issuing title insurance. Title companies play a pivotal role in settling all outstanding balances with respect to the home purchase, including issues that might hamper the transferring of the title. Title companies work on behalf of many title insurers rather than the buyer or seller of the house. Their responsibilities sometimes also include obtaining a copy of a possible survey of the property. The review of the survey would confirm property lines and identify any encroachments or easements from neighbors. Failing to complete this due diligence could result in issues for the homeowner. In some instances, your title company can maintain escrow accounts to ensure the funds are used for the closing and settlement of the purchase.

What is title insurance?

The Title and Title Insurance for Purchasing Your Home. A notable overlap of responsibilities for both the title company and the closing attorney is to secure a clean title to your property. The title is crucial for all buyers as it gives you a legal right to the house that you've purchased.

What is the title search for a house?

This step is essential to determine that the seller is the current owner and is legally allowed to sell you the house. The title search confirm s outstanding mortgages, judgments, unpaid taxes or other issues that would profoundly impact ownership.

What is the purpose of a property insurance policy?

One is to protect the owner and the second is to protect the lender. Various circumstances influence the need for these policies. THe type of policy you obtain will determine whether you have any protection against questions regarding your ownership of the property.

Do you need title insurance when buying a house?

Title insurance is optional if, and only if, you purchase the property with cash. Most lenders will have title insurance as a requirement for the loan. If someone were to materialize and declare themselves as the rightful owner of the property, the title insurance will protect your investment by covering the costs of the house and ...

Real Estate Attorney vs Title Company – Key Facts to Know

When it comes to a real estate attorney vs title company, what do you need to know during the real estate transaction process? Both of these real estate entities take part in a critical role within the real estate closing process – doing the research behind the history of your new property to make sure that your purchase can actually occur.

What is a Real Estate Attorney?

Here’s the first question regarding the query of “ real estate attorney vs title company ” – what is a real estate attorney?

What is a Title Company?

The second question we need to tackle is the idea of “what is a title company?” Let’s take a step back into the real estate process to address this.

Real Estate Attorney vs Title Company – The Roles They Play

So, when it comes to the real estate attorney vs a title company question – how will it apply to your transaction?

How LemonBrew Can Help

Still have questions when it comes to the real estate attorney vs title company breakdown? If so, LemonBrew Abstract is the place to go! LemonBrew Abstract provides the innovative title and escrow services homebuyers need for a smooth transaction.

What is the difference between a title company and a closing attorney?

So, the difference between a title company and a closing attorney is that the title company will always be the one that’s insuring the title and providing the actual escrow.

What is a closing attorney?

A closing attorney, typically, will be someone who advises you and makes sure that the title company is doing the right thing and that you’re being properly treated, and that if there’s a contract to be negotiated or anything else that needs to be negotiated, that it’s being done properly.

Does Martindale Hubbell confirm a lawyer/client relationship?

As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential.

Does the buyer have their own attorney?

In New York, a lot of times, the buyer has their own attorney, the seller has their own attorney, the bank has their own attorney, the title company has their own attorney, and sometimes even the realtors have their own attorney.

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Who Handles Real Estate Closings?

Misconception – Fees

  • One common misconception in real estate closings is that attorneys or law firms are more expensive. This is not the case at Peterson & Myers. Our law firm typically charges less than title companies for standard residential and commercial real estate closings.
See more on petersonmyers.com

Misconception – Attorneys Complicate Things

  • Another common misconception in real estate closings is that attorneys unnecessarily complicate real estate transactions. I cannot speak for all attorneys, but I trust if you talk to the realtors, brokers, lenders and parties our real estate attorneys work with, you will find that we do not complicate closing and we quickly close transactions correctly, professionally, and without u…
See more on petersonmyers.com

Expertise and Legal Advice

  • Another benefit of having a law firm or attorney handle your real estate closing is the closing will be handled or overseen by a licensed real estate attorney. Legal issues or questions often arise during the course of a real estate transaction. A real estate attorney can oftentimes deal with these legal issues in the proper manner faster than a title company. A real estate attorney is als…
See more on petersonmyers.com

Other Areas of Law and Services

  • I have found in my real estate practice that a real estate closing is often the first time a person has been to a law firm or personally dealt with an attorney. After a closing, the parties will now have a law firm they are familiar with and can utilize for other legal issues and services, such as estate planning, wills and trusts, probate, divorce, personal injury, business law or other real esta…
See more on petersonmyers.com