Minimize the Confusion: Part 4 Choosing an Attorney

In this series we have looked at many aspects of the real estate purchase process. We addressed your home search, your mortgage and your inspection. So what is next?? Just as you were represented by a Realtor to protect your interest during the beginning of the process it is important you continue to seek good representation all the way to the closing table.

The final major step of the purchase process is to take title of your new property. In Connecticut and most New England states our custom is to have an attorney address issues around title. The topic of title in general is a great topic for another article but for these purposes we want to simply address taking clean title and completing a purchase.

I recently asked a trusted local attorney for some thoughts on Choosing a Real Estate Attorney. Jeffrey T Walsh and Associates, PC is located in Manchester CT and provides legal representation for both buyers and sellers specializing in real estate transactions. Attorney Walsh has shared the following great information on making that important choice.

Choosing the attorney’s office to handle your purchase or sale is really simple and easy:  trust the advice of your Realtor.  Your Realtor has looked out for your interests throughout the process.  Your Realtor only gets paid when your closing attorney does his or her job.  You can be assured that your Realtor would only refer you to an experienced, competent professional.

So, what is it that a closing attorney does?

A closing attorney performs many functions in moving the closing process to completion.  For a Buyer, a closing attorney, among other services, reviews the proposed contract if requested, completes a property title search and addresses with Seller’s attorney any title issues that need to be resolved, guides the Buyer, with the benefit of the experience gained in thousands of closings, through the issues/confrontations/surprises that can come up in the purchasing process.  Buyer’s attorney, in most cases, also works closely with Buyer’s mortgage lender so that everyone’s expectations are met.

In representing Seller, Seller’s attorney resolves all title issues, prepares deed of conveyance, calculates closing date adjustments, pays off existing mortgages and liens and is available to assist the Seller in addressing the unforeseen.

Your Realtor has referred you to a couple or a few closing attorneys, all with the experience you need to assist you in your closing.  How do you choose which attorney or attorney’s office will represent you?  That too shouldn’t be that difficult.  Pick up the phone and call. 

Ask some important questions such as:  What is the focus of the attorney’s practice – if the attorney is a Real Estate Attorney you are off to a good start.  If, however, the attorney is also in Court litigating matters on a regular basis, that attorney may not be available for your closing or to answer your questions timely during the closing process.  No one is available all the time.  Timely answers to your questions though are very important.

Another good question to ask is whether the attorney has a full-time Real Estate paralegal and whether that paralegal is physically in the closing attorney’s office on a full-time basis.  Many offices have paralegals that do closing but are also doing criminal court paperwork, civil court litigation paperwork, …  Also many competent attorney’s have “outsourced” their Real Estate paralegal’s.  These paralegals typically work outside the attorney’s office, and are available only when they are available.  These paralegal’s typically work for several attorneys in doing closings.  Communication between a paralegal and the closing attorney is critical in effectuating a smooth process and closing.  If the paralegal is not in the office and not available during business hours, you might want to find someone whose paralegal is in the office, working on Real Estate full time and in constant communication with the closing attorney. The Real Estate paralegal, in addition to the closing attorney, is the person that Buyers and Sellers will be communicating with regularly through the process.  If that paralegal is not experienced, not focused on Real Estate (doing litigation and Wills, etc.), or not physically at your attorney’s office on a full-time basis, you might want to make another call.

Another good question to ask is whether the closing attorney has worked with your mortgage lender in the recent past.  An attorney’s office that knows your lender’s process, has built a rapport and trust with the closing department, and is known by your lender to be knowledgeable and responsive is a great indication that another potential area of concern has been addressed.  There is no substitute for experience.

Lastly, the reason that you should call to ask these questions rather than emailing or other electronic communication, is that you need to get a feeling in talking with the attorney and/or with the paralegal that you are comfortable.  You should conclude your conversation with the attorney and with the Real Estate paralegal with a comfort that you can talk to them, that they understand your concerns/needs/best interest, and, that they are part of your team. You should settle for nothing less.

For further information on your real estate process feel free to contact me at Vicki@ccrsales.com.  Recommended professionals for all aspects of the process can also be found on our web site www.ccrsales.com and you can follow local trends on our Facebook page. Thanks for reading!!