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How is Real Estate ownership conveyed?

 

Real Estate conveyancing is the process by which a Buyer acquires property from a Seller. After the parties enter into a Purchase & Sales Agreement the Buyer is responsible for securing financing. All lenders require a Title Search to ensure the title is clear of any defects. The Closing Attorney often acts as the title attorney for the Buyer to complete the title search. The Seller is required to payoff all encumbrances outstanding on the property (mortgages, liens, etc.) and provide clear and marketable title to the Buyer. The Seller is expected to cooperate with the Closing Attorney in clearing any title defects, providing mortgage payoff information and satisfying outstanding debts, which may include taxes, liens or judgments against the property, and final municipal expenses.

 

What is the role of the Closing Attorney?

 

The Closing Attorney attends and conducts the closing on behalf of the Buyer’s bank.  Although the Closing Attorney represents the bank, the Attorney is responsible for conducting the closing and therefore normally communicates with all parties in order to facilitate the transfer of the property.  The Closing Attorney ensures that al necessary monetary adjustments between the parties are made at the time of closing.  All adjustments are reflected on the Settlement Statement.  Adjustments may include the proration for real estate taxes, municipal assessments and all final municipal expenses (ie: water/sewer).  All adjustments are based on the ownership of the respective parties.

 

What should I expect at the closing?

 

All Buyers and Sellers normally attend the closing to sign the Settlement Statement.  This document serves as a final accounting of the transaction.  The sellers will then sign the Deed transferring ownership to the new Buyers and hand over the keys.  The buyers are responsible for signing all of their loan documents and for paying the balance of the down payment, which must be in certified funds.  It is recommended that the Buyer make certified checks paid to their own names which can then be endorsed at the time of closing to the closing attorney.

The Team at D'Ellena Law Office

CLIENT SPOTLIGHT

CLIENT SPOTLIGHT - Rebecca from Warwick

"I have had the opportunity to work with Melissa on 6 different transaction in the last 15 years.  In 2002 Melissa was recommended to us by a family friend when we bought our first house in Coventry.  She guided us though the process explaining way more than necessary because we were nervous nellies and required her to do so.

 

We sold the house and bought a condo to experience city living.  She was our attorney for both transactions. The condo was in a three story house that was being converted to condominiums. Melissa's knowledge of this type of property as well as her review of the condominiums by-laws were crucial to our comfort with this purchase.

 

We sold our condo and purchased a mixed use commercial space.  Again, Melissa's knowledge on this type of property as well as fire code and zoning issues was imperative for our comfort with this purchase (she is not an expert in either- but knew the correct questions to ask).

 

Finally, last month we sold the mixed use commercial property.  The transaction was complicated because the buyers had multiple lenders involved with an attorney a piece.  Melissa took the lead and made sure that sale moved forward in an efficient and effective manner.

 

We have had 6 flawless transactions with Melissa.  Her depth of knowledge, customer service and work ethic are phenomenal.  If you want a painless transaction and a little bit of hand holding Melissa is your attorney. "

REAL ESTATE CONVEYANCE

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Attorneys:

Carmine D'Ellena, Esq.

Melissa D'Ellena, Esq.

Ralph Cuculo, Esq.

 

Pre-Closer:

Kerin Melton

 

Legal Assistant

Kia Quinn

Closing Paralegals:

Kristen Rathbun

 

 

Post Closing:

Tabitha Martineau

 

Accountant:

Peter Monti

 

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.  This web site is designed for general information only.  The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer client relationship.

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