Send Title Requests/Purchase Contracts to: Closings@HarryMarshLaw.com

FAQ's

Real Estate Closings

Can you tell me exactly what my closing costs will be?

First note that 'closing costs' can be different from law firm to law firm. Some law firms call the excise tax a closing cost. While others call it a tax. The next guy could call it something entirely different, so, it's very hard to compare closing costs from one place to another, because everyone has a different definition. For example, are past-due property taxes a closing cost?

Long story short: it's impossible for a lawyer to tell you exactly how much the closing could cost, until he has done 80% of the closing. That is why attorneys send over a 'fee schedule' so that you can (ideally), compare oranges to oranges (how much an attorney charges for a title search, etc). Everything else (property taxes, recording fees should be the same (or close) between law firms).

That is how it should work (compare fee sheets), but many Attorneys purposely make their fee sheets difficult to understand, so it's hard to compare one Attorney to another. I know one attorney that says he charges a flat $750 to do a closing. He neglects to mention that wire transfers are $90 each, and that a title search is a separate $350 fee that isn't on that sheet. Or that he charges 3 wire transfers in every closing, unless the buyer is paying attention and tells him to remove the 2 that they didn't use.

Another attorney that looks cheap on paper, but charges $350/hour for any work that they consider outside the scope of a basic closing. They make up that extra $ (and more), that way. You might be charged $100 to ask them to calculate your closing costs. I've very rarely charge anyone additional money by the hour. Some closings are easier than others and they balance out, eventually.

Title insurance is regulated by the state of NC. Every policy should be very similar in price, if it's similar in scope and coverage. One thing to note: It can make a significant difference as to whether your title company has searched for the previous policy and 'tacked onto' that policy, or if they've used a 30 year search to issue the policy. If the previous owner of the house had title insurance from his purchase, two years ago: you can 'tack onto' that policy and buy a new policy from that point forward (only two years). Some law firms refuse to do this and have agreement with title companies to give them 30 year searches (full search) so everyone can make a few bucks more (some attorneys also own their own title company, to make more $). We always spend a week or so looking for a prior policy (they are often hard to find).

If you're looking for an attorney, it might be worth asking if they own their own title company, or if they're willing to use prior policies.

Title insurance is usually around $100k for an $80k or so property. Maybe $500 for a $300k property (for example).

After you understand all of this, there's also the distinction between 'Buyer' closing costs and 'Seller' Closing costs. Attorneys in NC often prepare both sides, and earn both sides of this coin. However, fees from different Attorneys vary wildly between the Buyer side and the Seller side.

Long story short: The entirety of costs for our firm is around $750 in costs for a cash closing, and $975 for a financed closing. I think we're one of the cheapest firms in town (if not the cheapest). We do our own title searches, so we don't have to hire abstractors to do the title searches for us (just about everyone else hires a title abstractor to do the title search, and they pay $200 for that - which ends up getting passed to you in one way or another). We cut this cost out and pass the savings to you. It's our competitive advantage.

Even so, there are a number of other costs that you may encounter, which are not attorneys fees associated with the closing, but still fall under 'closing costs'.

For example: recording a deed is $26.00.

HOAs often have monies that need paid to them to transfer title, etc etc. An HOA transfer fee could be $350 alone.

Property taxes are usually made current at the time of closing. If the bill is not out yet, we give the seller a debit for the amount of the bill that they owe. If it's July, for example...seller has lived in the property for 6 months out of the year and should have to pay for 6 months worth of property taxes. We reduce the $$$ they get at closing by that amount. This could be called a closing cost and can surprise a lot of sellers.

All of this aside, we'll ignore the even more complicated world of title defects, and how Attorneys might charge you to 'fix' 'issues' that they find. As you can imagine, some Attorneys seem to want to find issues, so they can charge additional costs.

So, without being a few weeks into your closing, it's impossible for us to give you an exact quote. If I were able to make my own .02 cents known, I'd relate that it might be far more important to research reviews about the firm you choose and see which has fewer delays or problems than others. In the long-run, choosing someone to get it done efficiently may save you more $ than having selected the Attorney that is $100 cheaper but ends up being the root of a closing delay, that costs you substantially more.....or ends up charging you twice what you expected due to unnecessary 'title defect' or 'curative' costs that Attorneys like me rarely charge.

We'll help however we can to help you understand this process better, we've got a sample HUD that you can look at, to see how Buyer versus Seller costs are distributed.

For an example, please see our Sample HUD to understand Closing Costs document. Download here.

Why do I need two title policies on a double close?

We get this question often, and I think a lot of Attorneys (or other states) give people poor advice about this. I 100% say to get that 2nd title policy.

Here's how a title claim works, if there's a problem in title insurance.

  • Your end buyer has his policy with lets say, American Insurance. They sue the old owner (you) to fix the claim (and the people behind the issue) .
  • If you have a title policy for your purchase, you send that Insurance claim to your company, and they take care of everything.
  • They'll turn around and sue the people that you bought this from. You'll lose nothing but maybe a small deductible for all the attorneys fees.
  • If you close without title insurance, your buyer is suing you and you have no one to cover the Attorneys fees/costs. You'll have to pay and attorney (Probably $5k to start, $20k for any decent case, up to $40k for a long one) to defend you and sue the person you bought the house from.

So, I think it's worth the $150 or whatever for that 2nd title policy.

Real Estate Closing Attorney Charlotte NC Are real estate transaction/closing documents public record?

In the state of North Carolina, closing documents are made available to the public by request to the register of deeds. The buyer, seller, and final sale price are disclosed.

Closing Attorney Charlotte NC Who/what is a real estate closing agent?

Commonly referred to as a settlement agent or real estate closing attorney the role is to represent the buyer or seller and handle the legal transfer of title/deed and ownership from the seller to the buyer.

Real Estate Attorney Matthews NC What exactly does a real estate attorney do during a standard, residential closing?

  • Conducting title searches and preparing abstracts of title;
  • Reviewing the status of the title in the title commitment, resolving any exceptions to the title, and reviewing the purchase agreement to identify any requirements in it in order to ensure compliance with this fundamental contract;
  • Verifying the payment of existing loans secured by the real estate;
  • Verifying the amount of special assessments and calculating taxes on the property;
  • Obtaining an updated title insurance commitment to the date of closing;
  • Preparing the required checks, deeds, affidavits, and obtaining any authorization letters needed;
  • Establishing a time and place for the closing, conducting the closing, and ensuring that all parties properly execute all appropriate documents and meet all commitments;
  • Collecting and disbursing funds for the parties;
  • Holding funds in escrow pending satisfaction of certain commitments;
  • Preparing Significant Paperwork - including the HUD-1 Settlement Statement, the mortgage, the deed of trust, and, where applicable, the Truth-in-Lending Statement, and the purchaser's affidavits; and
  • Recording the appropriate documents as required under law.

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