The Role of Cantwell Goldman, P.A. in Residential Closings

| Nov 16, 2018 | Real Estate Transactions

When the law firm of Cantwell & Goldman, P.A. has agreed to serve as closing agent for a residential closing, the law firm’s services as closing agent are limited to the following (unless otherwise agreed to by the law firm in writing):

· Receive the contract from the realtor or the seller (when for sale by owner);

· For a refinance, receive the title commitment request from lender;

· Contact the parties to the transaction to obtain pertinent information;

· Order the title commitment;

· Bring title issues, if any, to the attention of the parties to the transaction;

· Order payoff letters, estoppel letters, and municipal lien search;

· Obtain payoffs from any lienholders other than lenders;

· Receive deposits and confirm receipt thereof;

· Work closely with the lender(s) regarding closing figures;

· Prepare the Preliminary Closing Disclosure;

· Prepare the seller’s closing documents and other documents required by the title commitment;

· Determine when the lender will be sending the closing instructions and package;

· Prepare the final Closing Disclosure for lender approval;

· Send the final Closing Disclosure to all parties;

· Set up the closing date and time;

· Conduct the closing;

· Provide copies of closing documents to seller and buyer;

· Disburse funds;

· Make certain that the file has a zero balance;

· Send documents for recording;

· Copy and return the lender package to the lender;

· Prepare the necessary policies;

· Perform monthly bank reconciliations; and

· Follow up on any outstanding checks.

Notwithstanding the foregoing, Cantwell & Goldman, P.A. may agree to serve as legal counsel to a party to a residential transaction. In such instance, a written engagement letter is required to be signed by the party to be represented and by Cantwell & Goldman, P.A.

Residential closings take place at our law firm and may be conducted by a staff member designated by an attorney of the firm. The person conducting the closing does not have to be a licensed title agent or attorney. The parties are brought to the closing office, the closer reviews the documents, has the proper parties sign the documents, notarizes where necessary, obtains proper identification for each party to the transaction, verifies all funds are “collected,” makes copies of all necessary documents, and then disburses the funds.