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Real Estate Law Blog
Real Estate Law Blog
Blog
COVID-19 UPDATE
Posted on March 21, 2020 at 6:52 PM |
COVID-19 Update:
At the Law Office of Jeanne Reardon, the health and safety of our staff and clients is our top priority. Since you
rely on us for your legal needs, we remain
ready to help you in this difficult time as we face many health and financial challenges. Accordingly, we are taking a number of steps to minimize health risks during this health crises while serving our current clients as well as new clients coming on board. Our
law firm will be adhering to the guidelines presented by the Centers
for Disease Control and our local health officials, and we continue to
monitor them for updates as they are released. We have implemented a plan to protect the safety of our work
environment while allowing us to continue to service all of our clients. We are taking precautions with respect to
non-essential meetings and face-to-face interactions. That includes
telephone consultations and conference calls whenever possible. With respect to our real estate practice,
we will endeavor to utilize Powers of Attorney, pre-signed deeds, and Escrow Closings, where available,
in order to close title when the transaction permits us to do so. Do not hesitate to contact us if you have any questions or
concerns regarding your current real estate transaction or if you are just getting started and are looking to hire a real estate attorney for an upcoming sale or purchase of a home. As always, we are committed to
handling our clients' matters with the utmost care and respect, and are available to assist both current and new clients. We hope that you and your family remain safe and healthy! Jeanne Reardon, Esq. |
New TRID Rules
Posted on April 2, 2017 at 10:30 PM |
Why You Need a Real Estate Lawyer When You Buy or Sell a House
Posted on May 17, 2016 at 11:06 PM |
How a Closing Lawyer Can Help The
real estate attorney performs many time consuming tasks preparing for a
closing. A real estate closing involves a series of complex phases:
contract drafting and
negotiation, document review, examination of the title, completion
and explanation of legal documents, and resolution of any possible
title difficulties. An experienced real estate attorney oversees the
entire process so that you are not overwhelmed by the
paperwork involved, the disclosures that need to be made, inspections,
loan documents, title insurance and affidavits, and unforeseen issues
that can suddenly turn a sure sale into a disaster. Drafting and Negotiating the Contract of Sale Since real estate attorneys have sophisticated
experience with many types of real estate transactions, it is prudent
for a buyer or seller to ask their real estate lawyer to negotiate the
terms and conditions of their real estate deal. Once the negotiations are complete,
the real estate attorney drafts the
real estate contract, also
known as the Contract of Sale, which incorporates all the terms of the
transaction as negotiated. There are also other numerous documents
associated with a real estate closing. It can be hard to review and
understand all of them.
Missing even one clause can change an entire legal document so it is
important to have a trained real estate attorney aid in the process so
that no issue is overlooked and everything is done in your best interest.
Title Issues A
real estate attorney examines the title records for prior conveyances, unpaid mortgages,
liens, judgments, easements, and other encumbrances and clouds on title. They
verify that the seller has the authority to convey a good title to the property
and that no errors exist in the deeds in the chain of title. Closing Documents A
real estate attorney prepares all relevant information into one set of
closing
documents. A
closing statement should be prepared prior to the closing indicating
the debits and credits to the buyer and seller. An attorney is helpful
in explaining the nature, amount, and fairness of closing costs. If the
attorney is representing a seller, the attorney would also prepare the
deed and state transfer tax documents. At the closing, the attorney
provides detailed explanations of the
documents to insure that the parties understand all issues involved in
the transaction and the disbursement of the funds. Attend the Closing The
actual closing day is the most important phase in the purchase and sale
transaction and having a real estate attorney there to represent you is
critical. Title
passes from seller to buyer, who pays the balance of the purchase price.
The deed and mortgage instruments are signed, and your attorney can
assure you that these documents correctly reflect all the terms of the
transaction and are appropriately executed. There
may also be last minute disputes about issues arising during the final
walk-through and delivering possession or the adjustment of various
costs, such as fuel and water. If you are represented by an experienced
real estate attorney you can rest assured that these issues will be
properly addressed and your interests protected which might not
necessarily be the case if you are not represented by an attorney. Retain Closing Lawyer Jeanne M. Reardon Jeanne
M. Reardon is a Long Island real estate attorney who has handled
thousands of closings during her over 20 years of practice. She has
dealt
with any possible issue that may arise in a real estate transaction and
will advise you regarding your selling or purchasing of a home during
each step and phase of a real estate transaction. Call her today if you
plan to sell or buy a home in the Long Island or the Greater New York
area at (516) 314-8433. |
Purchaser's Closing Costs
Posted on January 30, 2012 at 12:41 PM |
Purchasing a home involves more out-of-pocket expense than just the down payment. There are also
closing costs to pay for items such as title policies, recording fees,
inspections and fees that a lender charges for obtaining a mortgage. The following schedule is an estimate of the closing costs that a buyer can typically expect to pay at closing. PURCHASER’S REAL ESTATE CLOSING COSTS: Taxes: (if applicable) Mansion Tax 1% of purchase price when $1,000,000 or over Mortgage Recording Tax (NYC) • Sales under $500,000 1.8% of entire mortgage • Sales $500,000 and over 1.925% of entire mortgage Note: Click here to view table of mortgage recording tax amounts by county. Mortgage recording tax does not apply for cooperative apartment purchases. Mortgage Associated Fees: Origination Costs – points varies, usually 0 - 3% value of loan Appraisal $350 (approx) Underwriting $450 (approx) Processing $450 (approx) Application $350 (approx) Bank Attorney $850 + up Real Estate Tax Escrow 2-6 months Short Term Interest varies, depends on the day of the month in which the closing occurs Title Insurance Fees: Owner and Lender Title Policies 5% - 7% of purchase price (approx) Municipal Searches $450 (approx) Deed Recording $375-750 (approx based on county) Real Estate Taxes varies Note: Purchasers of cooperative apartments usually do not purchase title
insurance, and instead pay for a lien search which is approximately $450. However, see our blog entry, Co-op Buyers Should-Consider Purchasing Title Insurance, which explains particular situations in which it is advisable for purchasers of cooperative apartments to purchase a type of title insurance policy called an Eagle 9 policy. Homeowner’s Insurance: Policy varies depending on lender's required coverage and purchase price Home Inspection: Home and Termite Inspection $450 (approx) Legal Fees: Purchaser's Attorney fee varies, but usually flat-fee basis (consult with your attorney) To speak with
an experienced real estate attorney about a closing, call us at (516)
314-8433. To learn more about our real estate closing services visit us
at: www.jreardonlaw.com/Real-Estate-Closings.html |
Seller's Closing Costs
Posted on January 29, 2012 at 9:34 PM |
The following schedule shows estimated closing costs when selling real estate. These costs are just estimates and should be reviewed with your attorney. SELLER’S REAL ESTATE CLOSING COSTS: Transfer Taxes: NYS Real
Property Transfer Tax 0.4% (.004) of purchase price NYC Real Property Transfer Tax (Usually paid by Seller, except on new contruction sale)
• Sales under $500,000 1% of purchase price
• Sales $500,000 and over 1.425% of purchase price Non-resident
Gains Tax Withholding (out
of state seller) 8.82% of gain Non-US
Resident (FIRPTA) 10% of price
withheld or paid Mortgage Payoff Fees:
(if applicable) Pick-up/payoff fee $150-$250
each Recording Satisfaction $100-$300 each Real Estate Broker Fee: Commission 6% of purchase price (negotiable) Legal Fees: Seller's Attorney fee varies, but usually flat-fee basis (consult with your attorney) To speak with an experienced real estate attorney about a closing, call us at (516) 314-8433. To learn more about our real estate closing services visit us at: www.jreardonlaw.com/Real-Estate-Closings.html |
Categories
- Welcome (1)
- Making Home Affordable (2)
- Closing Costs (3)
- Home Buying and Selling (7)
- Deeds (4)
- TRID (1)
- Capital Gains Tax (1)
- Home Mortgage Refinance (2)
- Types of Ownership of Real Property (2)
- NY Transfer Taxes (0)
- Loan Modification (1)
- Short Sales (2)
- Real Estate (25)
- Refinance (4)
- Condos and Coops (7)
- Homeowner's Insurance (1)
- Title Insurance (5)
- Zoning (1)
- Foreclosure (2)
- Real Estate Closing Costs (5)
- Investors (2)
- Title Forms (1)
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