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The Role Of A Closing Attorney In New Hampshire

By Elizabeth R. Elstien

Real Estate sales in New Hampshire use a real estate agent to list, show and prepare sales contracts and addendums (in absence of an attorney); title agent to get legal information on property and coordinate closing costs with lender and other entities; and real estate attorney who handles the sale and closing paperwork. While allowed, it is not a must that an attorney be used in the closing, but it is an important choice to make for both buyers and sellers. Find out what a closing attorney can do for your New Hampshire sale.

Consult

Choose an experienced real estate attorney in your area. Bring any property documents that you have noting address and property details. An attorney will discuss the Purchase and Sale Agreement and other documents, so you know what to expect.

Research

An attorney will conduct a title search at the Registry of Deeds to verify the title is cleanly held by the owner and is easily conveyed to the buyer at closing. Property records are further researched to check for possible encumbrances, easements, ingress/egress issues or restrictions. Issues are resolved, if possible, or cancelled if resolution is impossible.

Understand

An attorney will also help you understand the sales contract and explain what each item means and how it effects you. All legal ramifications are fully disclosed and discussed and your questions are answered.

Protect

An attorney works solely for you, so they will make sure the contract is in your best interests. Each clause will be scrutinized with missing ones added or poorly worded ones rewritten. Protection from illegalities or other issues are what the lawyer is paid to do.

Final

There are often hundreds of pages to read and many signatures needed in closing documents. Buyer, seller, their attorneys and attorney for the mortgage company all meet at the closing table. Your attorney will make sure all documents are present and correctly written and explain your portion of the final paperwork, which can include documents for the deed, mortgage, Truth In Lending Statement, survey and prorated financials based on closing date.

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