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If you are getting ready to close on a new home or business office, contact the team at Edwards and Edwards P.A. Our Jacksonville real estate team is here to make sure that every step of your closing goes through perfectly. From the final inspections to making sure all the paperwork is complete, our legal team works hard to provide you with the information you need and to make sure that there are no loopholes.
If you are preparing for a commercial or residential real estate closing, contact us today! We look forward to working with you.
The purchase or sale of a home is often one of the largest transactions an individual or family will make in their lifetime. Regardless of the whether the property is the first home for a family or an investment property, a substantial amount of money is being moved around. As such, it is important that the closing process is handled by a competent team that works hard to take all the appropriate steps to protect your investment.
All real estate transactions require a “closing”, a transaction completed on an agreed upon date in which ownership from the Seller to Buyer is transferred. However, majority of the work involved in a closing is done before the agreed upon closing date as laid out in the contract. First, the closing attorney/title agent must perform a title search to determine whether or not tile is marketable and therefore insurable. Additionally, a lien search is performed to determine if there any existing liens against the subject the property that must be cleared prior to transferring ownership, a task an attorney is quite familiar with. A survey is also ordered to determine whether there are any issues with the boundary lines or encroachments. Estoppel letters and requests are also sent to Homeowner’s Associations and Mortgage lenders to determine if there are any outstanding HOA assessments and to determine the payoff amount(s) for any existing mortgage(s). Once all of this information is collected, a settlement statement (or closing disclosure known as a “CD”) is drafted to reflect all costs and fees associated with the subject property. After all the parties have fulfilled their responsibilities per the Purchase and Sale Agreement (PASA), the parties may proceed to closing. It is at this time that the Buyer brings the requisite money to be distributed to the Seller after all other liabilities and encumbrances have been satisfied. Even after all this work, the closing still does not end here!
After the deed has been signed and checks have been cut, there is still more that needs to be done. The next step is to record all necessary documents in the appropriate county Land Records Department: Deed, Mortgage, Satisfactions, and Affidavits. Additionally, the Title Attorney/Closing Agent must also draft and issue a Title Insurance Policy to the Owner. Additionally, if the purchase was financed, a Title Insurance Policy must also be drafted and issued to the Lender.
A large amount of work is associated with the closing of a real estate transaction, and should be completed by a competent and efficient staff of attorneys and legal assistants. Need to close with confidence the transaction is being done correctly? Allow Edwards & Edwards, P.A. complete your next closing.
Florida is among the states with the highest foreclosure rate with an estimated 1 out of every 662 housing units receiving a foreclosure filing, compared to the national rate of 1 out of every 1,268. As a result, foreclosure sales have been a large part of the market expanding the possibility for Sellers and Buyers to obtain a great result, particularly in the Jacksonville market.
Obtaining a property that is the subject of foreclosure action may be done in a number of ways. One way a Buyer may be part of a home subject to foreclosure is by entering into a PASA with a Seller in which a foreclosure has already been filed against. For example, a Seller may be quite far into the foreclosure process with the Lender or Mortgage Holder, but may still enter into a PASA with a Buyer in an effort to avoid a Final Judgement of Foreclosure. However, timing is everything and it is important to have an experienced litigation and Foreclosure Attorney that can greatly aid in the foreclosure and sale process. Taking advantage of the services of a Foreclosure attorney can greatly improve the outcome for a Seller and Buyer by negotiating with the Lender, working with the Lender’s attorney, filing necessary documents with the Court, and creating and implementing a timeline that works in the best interest of the Lender, Seller and Buyer.
The second method of obtaining a foreclosed property is via a public auction “on the courthouse steps.” This is slightly different from the above example because by the time the property reaches a public auction, there has already been an entry of a Final Judgment of Foreclosure. Prior to the auction, the Court releases to the public a schedule of the properties to be auctioned. While obtaining a foreclosed property via public auction can yield a great deal on a property, it can also be accompanied with some legal dilemmas that requires the assistance of a litigation attorney. Still considering buying a foreclosure at auction? Make an appointment with our foreclosure attorney first.
The third method of obtaining a foreclosed property is by buying the property directly from the Bank, typically the Lender of the previous owner. Different from a usual real estate transaction, the selling Bank makes no guarantees or warranties as to the condition of the property or to title. An inspection and a title search are investments worth making prior to the purchase of a foreclosed home from the Bank. If issues come to light after the title search, such as a tax lien, an experienced foreclosure attorney can assist in resolving these issues.
Regardless of how you choose to pursue a pre-foreclosure or foreclosed property, make an appointment with Edwards & Edwards, P.A. to ensure you are in the know.
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