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First Time Home Buyers

As a first time homebuyer, the purchase of a new home is often an overwhelming process. We understand there is a lot of new information to absorb. Below are some frequently asked questions:

What can I expect from my real estate agent?:

Your real estate agent is a professional who will be equipped to oversee the purchase process and guide you during the negotiations. Additionally, agents draft Purchase & Sales Agreements and act as a liaison between the mortgage company and the parties. If at anytime you feel the need to confer with an attorney during the process you should seek counsel.

Should I have a home Inspections or other tests?:

After a Purchase & Sales Agreement has been signed, Buyers have the option of having any of the various standard inspections performed, within a 10 day time period. These test may include but are not limited to: pest inspections, home inspections, flood inspections and radon tests. It is strongly recommended that you perform all tests available to you in order to better understand the nature of the investment you are about to make. If you are buying a property in an “AS IS?condition you should conduct a home inspection in advance of making an offer so that you are informed as to the potential defects.

What can I expect at the closing?:

All parties usually attend the closing and sign the Settlement Statement or HUD Statement. The sellers will sign the Warranty Deed transferring ownership to the new Buyers and hand over the keys to the property. The buyers are responsible for signing all of their loan documents and for bringing the balance of their down payment to the closing in certified funds. All monies due from the Buyers are paid to the Closing Attorney and the Closing Attorney then makes all disbursements to the Seller for the sale of the transaction. The HUD Statement reflects all monetary adjustments pursuant to the transaction.

What is title insurance?:

Title insurance is an insurance that is issued by the title attorneys to their clients in order to protect the client's interests from any title defects that may have arisen prior to the client's ownership in the property.

There are two types of Title Insurance:

Lenders Coverage is required to be issued based on the loan amounts. This insurance protects the bank's interest in the title and is mandatory.

Owners Coverage is an optional insurance, which if elected, is issued to the owners. This coverage is based on the purchase price of the property, this insurance is a one-time coverage and it will protect the owners for as long as they own the property. The owners coverage ensures that in the event of a title defect the title insurance company extends protection to the owner by assigning an attorney to defend any title claims that arise.

Do I need title insurance if I've had a title search?:

Yes. It is recommended that you have title insurance even if a title search has been performed. A title search is a review of all of the documents recorded in the Land Evidence of the respective city or town where your property is located. A title examiner can only review the documents that have been recorded in the town hall thus far. In the event that a document is recorded but mis-indexed by the town then there will be no way of finding this document for review. Additionally title examiners are performing a review, which is subject to human errors. Other potential title defects such as fraud may never be discovered through normal due diligence therefore it is strongly recommended that you always buy an Owner's policy for title insurance at the time of your purchase, to ensure protection of your investment.

What is recording?:

All title documents are required to be recorded in the Land evidence records of the respective towns in order to officially transfer ownership of property and grant mortgage interests. The title attorney is responsible for ensuring that all necessary documents are recorded in a timely fashion after the closing. Technically, the transaction is not official until all documents are recorded.

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