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We are pleased to announce the closing and acquisition of commercial property for our client, Viva, LLC. Commercial real estate attorneys working on the matter are Sonya Tien and Amiee Nwabuike.
One of the most important parts of a real estate transaction is determining the correct legal description of the property and making sure the recorded deed contains the correct legal description. To find out the details about the property that you plan to purchase, you may want to order a land survey. that only way to truly know exactly what you are purchasing is to have the property surveyed. A survey will give you a graphic outline of the legal
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A title search can be defined as “[e]xamining deeds, land records and documents to verify the seller is the legal owner and there are no encumbrances affecting title.” (Black’s Online Dictionary, 2d. Edition). A title search is basically a snapshot in time of a specific real property showing the owners, chain of title, security instruments, and those parties having an interest in the specific real property being searched. Why is having a title search so important? Real estate tends to
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For more than a year, the Raleigh, Charlotte, Greensboro, housing market has been hot. When purchasing in an area where demand exceeds the amount of readily available homes, competition is fierce. Properties can be listed at a premium price, multiple offers may be received, and sellers are less likely to make concessions. Potential home buyers do not want to be caught off guard when entering a Sellers’ Market. Buyers must be persistent and resilient to obtain the property that they
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We are pleased to announce the closing and acquisition of commercial property for our client, Grenelle Holdings, LLC. Corporate and commercial real estate attorneys working on the matter are Sonya Tien and Amiee Nwabuike.
An HOA transfer fee is a typical fee that covers the expenses the association incurs when ownership of the property is transferred from the seller to the buyer in the association’s management company’s records. Such HOA management expenses can include, but are not limited to, document preparation, distribution of the community’s rules and regulations to the new owner, and the handling and copying of the property’s inspection records.Generally, our real estate closing attorneys review the Offer to Purchase and Contract
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Tien Law Firm’s real estate attorneys have assisted buyers, sellers, investors, and companies with the sale or acquisition of real estate, including serving as the real estate closing attorney. If our real estate closing attorneys represent the buyers and a lender is involved, for example, below is a brief overview of the process that our real estate lawyers go through to get things in order for a real estate closing. We usually review the fully executed contract at the outset.
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What Is A Closing Disclosure Form?  The Closing Disclosure is a five-page form that a lender provides to a real estate buyer, and should be provided at least three business days before a loan closes. The Closing Disclosure (CD) outlines the final terms and costs of the mortgage. Whereas the HUD-1 settlement statement was long and confusing, the Closing Disclosure Form used today is more streamlined. Why Is the Closing Disclosure Form Important? You can consider the Closing Disclosure Form the final
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The HUD-1 Settlement Statement is a document that lists all charges and credits to the buyer and seller in a real estate transaction, or all the charges in a mortgage refinance.
do I get my real estate check at closing
After all of the closing documents are signed, whether you are the real estate agent, the seller or maybe even the buyer, you may expect to get a check as soon as all the paperwork has been signed. Instead, you are told by the closing attorney that you will have to wait. What is the attorney waiting for and why? Attorneys must follow a code of ethics that governs their relationship with clients and their role as fiduciaries in real
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Our NC real estate attorneys frequently get asked when they are able to get the keys for their new home purchase. The Standard Offer to Purchase and Contract in North Carolina states possession does not transfer to the new owners until the deed is recorded at the Register of Deeds office in the county where the property is located. Therefore, there is usually some amount of time between the closing when documents are signed and when the keys are picked
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Our North Carolina real estate lawyers have seen some insurance companies can seek to escalate homeowners’ insurance rates due to the estimated replacement costs for homes subject to future weather events and disasters. It pays to shop around. A wise homeowner uses the free-market economy to obtain goods at the best price available. There are many different home insurance companies. Some shopping around can end up saving significant amounts of money in the short and long run. An important consideration
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A title opinion is the written opinion of an attorney, based on the attorney’s title search into a property, describing the current ownership rights in the property, as well as the actions that must be taken to make the ownership rights marketable. Tien Law Firm, PC handles all aspects to help spot past, present and future issues of your property and to make sure they are free and clear. Real Estate Attorney Title Search A title search is an examination
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Private mortgage insurance, also called PMI, is a type of mortgage insurance you might be required to pay for if you have a conventional loan. Like other kinds of mortgage insurance, PMI protects the lender—not you—if you stop making payments on your loan.  PMI is arranged by the lender and provided by private insurance companies. PMI is usually required when you have a conventional loan and make a down payment of less than 20 percent of the home’s purchase price. If you’re
do I get my real estate check at closing
Usually, Yes. It is important to note whether the terms of your home loan include a prepayment penalty. Most lenders allow loan prepayment, but some loans may have prepayment penalties. Paying extra money each month or making an extra payment at the end of the year can accelerate the process of paying off the home loan early. When you send extra money, be sure to indicate that the excess payment is to be applied to the principal and double check
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A credit score comes from one of the credit bureaus and is a number based upon your credit history that represents the possibility that you will be unable to repay a loan. Lenders use it to determine your ability to qualify for a mortgage loan and at what interest rate. The better your score, the better your chances for getting a home mortgage on favorable terms. Be sure to review your credit report any advance to review for accuracy and
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Earnest money is money you put down to demonstrate that you are serious about moving forward to buy the home. It must be enough to demonstrate good faith and is usually between 1-5% of the purchase price, which can vary by customs and locations.If your offer is accepted, the earnest money becomes part of your down payment or closing costs. If the offer is rejected, your earnest money is returned to you. If you back out of a deal, you
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It is important that buyers who are purchasing real estate have a basic understanding of what closing costs they will be responsible for under the terms of their contract. Below, you will find a list of typical buyer closing costs in a real estate transaction. Common Closing Costs Title & Legal Fees 1) Attorney Fee 2) Survey 3) Title Search/Lender Policy Endorsement 4) Recording Fees 5) Title Insurance 6) Home Inspection 7) Home Warranty (OPTIONAL) 8) Property Taxes Due Mortgage
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Closing costs are fees incurred in the buying or selling a home, or refinancing a mortgage. Lenders should provide a Loan Estimate showing the services that you can shop for. Common Closing Costs and Title Fees for a NC Residential Real Estate Closing 1. Settlement or Closing Fee is to handle and conduct the closing, for the attorney to review the closing documents, and answer any questions.  Also, an attorney must handle the funds and disburse in accordance with the approved settlement
Federal disclosure forms define the information lenders must provide to consumers applying for real estate loans. The Loan Estimate, which covers the key features, risks, and costs of a mortgage loan, must be provided to the real estate buyer within three business days of an approved loan application. Additionally, the Closing Disclosure form covering the transaction costs for the real estate purchase must be delivered at least three business days before the closing.
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Most contracts for the sale of real estate (except for new construction sales) provide that the property is being sold in “as is” condition.  This means that, as of the date of closing, the property should be in the same condition as it was in at the time the contract was signed.  After the Closing, the seller may not need to make any additional requested repairs. Therefore, anything on the premises that is not in the same condition as it
Real estate agents are not paid a fixed amount or hourly, they are usually paid a percentage of the purchase price in a successful real estate transaction. When one agent represents the sellers and another represents the buyers the commission is typically split between them. Real estate commissions are typically 6% of the transaction usually 3% for buyer’s agent and 3% for seller’s agent when split. Consider the amount of work performed when evaluating the commission they earn and remember
The real estate purchase process can be complicated, but our real estate attorneys are here to help you from beginning to close. Below is our Step-by-Step Guide for buyers of real estate.  Please note that every deal is unique and the process below is a general overview.  Feel free to Contact Us with further questions. STEP 1 – MAKE AN OFFER The first step in any real estate transaction is to find the desired property and make and offer. If the
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These costs are paid to third parties and you are free to shop and compare providers for these services, including: Survey;Home Inspector;Pest Inspector;Engineers;Lender’s title policy, which protects their legal interest in their loan collateral, which is usually the property; andBuyer’s title insurance, which allows potential future use of the current title search results If you may select service providers from the list provided by the lender or select your own providers for the services.
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An escrow account is an account established by your lender to set aside a portion of your monthly mortgage payment to cover annual charges for property taxes, any applicable mortgage insurance, and homeowner’s insurance. Escrow accounts are a good idea because they help you stay on track to assure money will be available for these payments.