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Real Estate Closings in NH
We have been told that most real estate closings in NH are handled by Title companies - true? If so, do people still get attorneys? From just a quick Google search, it appears to me that the Title companies are run by lawyers. Has anyone closed on property using only a Title company? Any recommendations? Also - what does Title insurance normally cost?
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Definitely yes on Atty.
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Closing atty does not represent the seller or the purchaser. His interest is to make sure the closing is done to the benefit of the Bank. |
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Agree with above. |
Yes get your own
When we purchased our home in West Alton in 1998 we hired a title company (Philpot in Laconia) even though there would be no mortgage. We still wanted a title search and we wanted to get buyers title insurance. As we agreed to pay Mr Philpot a fee, we were under the impression that we had hired a lawyer to represent us. When I called to ask about the legal implications of a shared driveway, he told me to hire a lawyer if we wanted legal advice!.(I won't get into my response). He took the position that he was only representing the title insurance company even though we had hired him.
So always be represented by an attorney who has no connection to the bank and/or title company. You just never know what might be lurking in the weeds. |
Trying again
So - how do closings happen if there is no mortgage involved? Do lawyers do it? Who handles a title search - do we get our own title company or does a lawyer handle that? In other words, what's the process?
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Call your lawyer and tell him you are buying a piece of property. It is really as simple as that. I would not bother with a title company.
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Good lawyer?
We're in MA :emb: and have no idea who to use. Any recommendations? Need one in the Moultonborough area.
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Buyer or Seller?
If you're a buyer, I recommend getting an attorney to represent your interests. Cost should be around $500 plus/minus.
If you're a seller, there is no need for a lawyer unless you're in an unusual situation. A title company should be sufficient. Cost is $125-$175 for most seller transactions, including recording fees. |
Attorney
The need for an attorney depends on what your concerns are. If you want a good attorney in that area call Frank Michele, NH Closings in Meredith.
I have had over 50 closings for mortgages on properties, some in excess of one million dollars, and never brought my own attorney. The mortgage company can select an attorney or title company and it will be someone that they are comfortable with. If a lot of mistakes were being made the mortgage company wouldn't be using them. Everyone (lawyers, title companies, banks) has insurance for errors and omissions so if your concern is just about your mortgage then don't waste your money. If you have other concerns about the property such as right of way or boundaries then you should pay a good real estate attorney. Don't use a business, divorce or criminal attorney because they may not have participated in a closing in recent years and you might know as much about real estate as they do. |
TadPole, please understand the difference between hiring your own attorney and the functions of a title company. A title company will have a search done for you and sell you title insurance (recommended) if you desire. Your lawyer will basically represent you by inspecting relevant documents prior to settlement plus checking everything at setlement.
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We used Lawyers Settlement Services in Meredith for our purchase with no mortgage involved. They were very helpful and offered title insurance (I think it was a couple hundred dollars for our condo purchase).
http://www.nhtitleclosings.com/ |
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My advice to anyone buying a house or property is to get a full survey of structure locations, set-backs, in addition to the standard boundary markers.
It amazes me how much this comes up in real estate. |
I've used Lee Mattson on a number of transactions and have been very happy. Would not buy / sell without my own representation. As mentioned above survey too.
http://www.mattson-law.com/ |
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Didn't Tadpole say he didn't have a mortgage. Therefore a closing is not a big deal. Most NH closing we have had, we have not even gone to. The lawyer just does it. All we need to do is sign the papers. Randy Walker in Wolfeboro still has a special real estate division I am pretty sure. It is right next to the Yum Yum Shop in downtown Wolfeboro. |
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8 NH Route 25, P.O. Box 1596, Meredith, NH 03253-1596, (Belknap Co.) Mailing Address: P.O. Box 1596, Meredith, NH 03253-1596 Phone Phone: 603-279-9940 Fax: 603-279-9965 Website http://www.mattson-law.com |
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