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REAL ESTATE

Real Estate Closing Services

Florida Real Estate Closing Services
 Buying or Selling a Home from Contract to Closing
If you are interested in setting up an appointment, please contact us at 407-245-1232. If you'd prefer, you can click here and fill out the form and someone from our office will call you.Real Estate Closing Services

Real Estate Contracts

Pursuant to Florida law, a Purchase Contract for Real Estate must be in writing. Within the Real Estate industry, there are various standardized contracts. The Florida Association of Realtors and The Florida Bar have teamed up on a few standardized contracts to simplify the process. These types of contracts within the Real Estate Industry are known as FAR/BAR Contracts.  However, these FAR/BAR Contracts are not simple. FAR/BAR Contracts cover vast arrays of conditions and obligations of both parties ranging from escrow deposit, marketable title, financing, inspection, survey, closing, property taxes, insurance, and many fine print disclosures. If you haven't read the Purchase Contract in its entirety, don't sign it until you are fully aware of your conditions and responsibilities. To help protect your interest, a Real Estate Attorney can advise and counsel you through your transaction.

 

Residential Real Estate Closings

To complete any real estate transaction requires, a process known as "the Closing" must be completed. Prior to the Closing numerous tasks have to be completed by the Closing/Title Agent. To begin with a title search report must be ordered from a title underwriter to determine whether or not title is marketable and insurable. Letters and requests to Homeowner's Associations and Mortgage lenders are sent out to determine the current owner's liability. A survey is ordered to determine whether or not there are any encroachments or boundary issues with the subject property. An inspection is ordered to determine if there are any significant issues with the house in relation to roof, electrical, plumbing, foundation, and other matters. If the house is being financed, an appraisal will need to be obtained to determine the value. Once all this information is obtained, a HUD-1 Settlement Statement will need to be drafted to reflect all the costs and expenses associated with the Purchase. All parties (Buyer, Seller, Buyer's Lender, Buyer's Mortgage Broker, Realtors) will receive a copy of the HUD-1 Settlement Statement. If all parties agree with the HUD-1 Settlement Statement, it is then finalized. The Closing occurs after all the conditions and obligations of the Buyer and Seller have been performed. At that time, the Seller conveys the Real Property to the Buyer, and the Buyer comes forth with the monies or proceeds to be distributed to the Seller, after all title encumbrances and liabilities associated with the Real Property are satisfied. As you can see, a tremendous amount of work goes into a Real Estate Closing. However, the closing doesn't end with the Deed being signed and the checks being written to all parties. To complete the Purchase, all legal documents (Deed, Mortgage, Satisfactions and Affidavits) must be recorded at the local Land Records Department and then returned to respective parties. Furthermore, the Title Insurance Policy must be completed and sent to the Owner. If the Purchase was financed, the Lender must also receive a Title Insurance Policy. At the NeJame Law Firm, we are experienced with real estate closings. We are Title Agents for Old Republic National Title Insurance affiliated through Attorney's Title Fund Services, LLC. All of our Closings are supervised by an Attorney. If you are looking for quality Residential Real Estate Closing Services call the NeJame Law Firm.

 

Special Concerns with Short-Sales and Foreclosures

When a buyer purchases a short-sale, the buyer enters into a Purchase –Sale Contract with a seller (usually, the owner, who has defaulted on the mortgage). All the usual protocols with Seller's Disclosures are followed. A short sale must be approved by the Lender (the owner's mortgage company). The proceeds from a short-sale will not fully satisfy the mortgage on the home, hence the term "short-sale". No proceeds from the transaction will be distributed to the Owner, the defaulted borrower. However, the Lender (the owner's mortgage company) will fully release the property to the Buyer-New Owner, to recover some of the money lent. Since lender approval is required, Buyer's can wait a long period of time to get a positive response, sometimes up to 6 months. Recently, the Federal Government passed a new law requiring Lender's to respond within 30 days. However, with the increased number of homes going into default, Lenders have not improved their response time.

The second way to purchase a foreclosure is from the Lender. A buyer enters into a Purchase-Sale Contract directly with the Bank (usually the Lender of the previous owner who defaulted on the mortgage). Generally, the Seller (Lender) sells the property "as is" and makes no warranties to the quality of the property. At times, foreclosed properties can sit vacant and abandoned for months and sometimes even years. This neglect can accelerate a once minor problem into a major one. Other issues may need to be taken care of, such as code enforcement liens, homeowner association liens, and tax liens. If you plan on purchasing a foreclosed home, a tremendous amount of due diligence is required. Additionally, invest in a quality home inspection to determine the condition of the house. It's better to find out sooner rather than later, so that proper maintenance and repairs can be anticipated.

 

Contact our Real Estate Attorneys in Orlando, Florida

We handle a variety
of cases involving:

  • 1031 Exchanges

    A reverse exchange happens when the new replacement property is found before the sale of the relinquished property. Reverse exchanges are complex and it is important to consult with a 1031 exchange attorney. MORE

  • Assignments of Rent, Leases, & Profits

    Assignments of Rents, Leases and Profits are common in Commercial Real Estate Transactions.  An Assignment of Rents, Leases and Profits is a document that transfers a lender’s rights to any revenue from a property over to another lender.   MORE

  • Bankruptcy

    Bankruptcy law includes a “Means Test”, which is a complex formula of income vs. expenses. This test will help determine if you qualify for a Chapter 7 bankruptcy, or if you should pursue a Chapter 13 bankruptcy.  MORE

  • Commercial Real Estate Development

    NeJame Law has been involved in all phases of commercial business development. From the initial identification of the commercial real property to the sale, NeJame Law assists developers in all legal aspects of commercial development.  MORE

  • Commercial Sales

    Commercial real estate usually refers to business property.  Examples of commercial real estate are office buildings, shopping plazas, apartment complexes and other property that is owned for the purpose of producing income. MORE

  • Escrow Services

    Large transactions usually require the services of an Escrow Agent.  At NeJame Law, we provide escrow services for your real estate transaction.  We can help draft your escrow agreement and can also hold property in trust. MORE

  • Homeowners & Condominium Associations

    A homeowner or condominium association is a governing body that collects monthly dues from home or condominium owners and then uses a portion of those dues to insure or repair common areas within the condominium complex or neighborhood. MORE

  • Landlord Law

    The relationships between landlords and tenants of properties can involve complex issues. At NeJame Law, P.A., we are dedicated to representing landlords  in landlord/tenant law, which can range from drafting and reviewing of contracts to filing or defending commercial evictions or disputes. MORE

  • Liens

    A lien is a legal right or interest that gives a creditor a right to possess property of another person until that person pays a debt that they owe. MORE

  • Loan Agreements

    Commonly referred to as the “note”, a promissory note is actual evidence of a primary mortgage obligation. As the name suggests, it is a promise to pay a certain sum of money.  MORE

  • Mergers & Acquisitions

    Mergers and Acquisition consists of laws affecting the purchase of one company by another (an acquisition), or combining two companies into a new entity (a merger). A merger occurs when two companies join together and one new company continues to exist.  MORE

  • Mortgages

    A mortgage is an incident of a promissory note.  A mortgage will state the mortgagor (borrower) and the mortgagee (lender).  The mortgage will say that the mortgagor is indebted to the mortgagee for a certain amount of money and the loan will be secured by a piece of property.  MORE

  • Powers of Attorney

    A Power of Attorney is a legal document that gives someone “power” or authority to make decisions or take action on behalf of another person.  The person that makes the power of attorney is called the principal and the person that is give the “power” or authority is called the agent.  MORE

  • Promissory Notes

    Commonly referred to as the “note”, a promissory note is actual evidence of a primary mortgage obligation. As the name suggests, it is a promise to pay a certain sum of money.  MORE

  • Quiet Title Actions

    Quiet Title Actions are governed by Florida Statute 65.021.  A Quiet Title Action is a lawsuit brought in Circuit Court to remove, or “quiet” any and all “clouds”, claims or challenges on your title to certain real property. MORE

  • Quit Claim Deeds

    A quit claim deed is a quick and simple transfer of a property owner’s interest in property to another person. MORE

  • Real Estate Closing Services

    The purchase or sale of a home is often one of the largest transactions an individual and/or family will make in their lifetime. From contract to closing, there are numerous decisions to make. For example, a Seller is required to make certain Disclosures to the MORE

  • Real Estate Property Law

    Property law is a vast field of law related to the buying, using and selling of real property. Much property law is related to assessing the rights between landlords and tenants, between owners and mortgage holders and between people and governments. MORE

  • Residential Sales

    You have probably heard it a thousand times, “the purchase of your home is one of the biggest investments you will ever make.”  This is a very true statement and because the purchase of your home will be one of your biggest investments, you want to be well informed and make good decisions from the time you start the process all the way through closing. MORE

  • Title Insurance

    Title insurance is a form of indemnity insurance which insures the policy holder against financial losses associated with title defects, invalidity or unenforceability of mortgage liens, closing errors, etc. on real property. MORE

  • Timeshare Sale & Transfers

    Have you inherited a timeshare unit in Florida?  Are you looking to buy or sell a timeshare unit in Florida? MORE

 

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407.245.1232

 

189 South Orange Avenue

Suite 1800

Orlando, Florida 32801

Office 407 245 1232

Fax: 407 245 2980

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