Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Buyers Closing Attorney (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/buyers-closing-attorney-358141/)

Berferful 04-17-2025 01:12 PM

Buyers Closing Attorney
 
I guess it’s not required, but I’m wondering if it’s wise to have an attorney when purchasing a home here. We are buying from an owner and using their title company. Any advice including Attorney recommendations appreciated. We will be closing the end of May. Thanks

retiredguy123 04-17-2025 01:26 PM

In my opinion, it would be a waste of money. The title company has attorneys who are responsible to produce a clear title.

If you want to hire an attorney, I would recommend Mclin Burnsed.

rjm1cc 04-17-2025 01:44 PM

I would go with the title company for security. Do not think your own attorney is needed. But make sure your background check has been done and OTOW has approved you as a resident. This is different from an owner. Call customer 352 236 6869 service and ask if there is anything special to do and about getting a stick for your car to get in. Down load the entry app myenvera and ask for help getting registered. Review this site for general info On Top of the World Info – Resident Information. After settlement look up Homestead Exemptions on the county website. You can do this on line. You can not qualify until Jan but don' t miss this as it will reduce your taxes in the future. Back to the legal side decide how you want to take title the property. Probably by entries with right of survivorship. Notify the seller how you want the title. This maybe in the purchase agreement. You also have options such as a trust or lady bird deed. May want to discuss these last two with an attorney if you want to do those.

BrianL99 04-17-2025 01:44 PM

Quote:

Originally Posted by Berferful (Post 2425245)
I guess it’s not required, but I’m wondering if it’s wise to have an attorney when purchasing a home here. We are buying from an owner and using their title company. Any advice including Attorney recommendations appreciated. We will be closing the end of May. Thanks


You're making an investment likely over $300,000 and considering trusting the transaction to a Clerk in a Title Office ... hired by the other party?

Get a lawyer.

retiredguy123 04-17-2025 01:59 PM

Slightly off topic, but I would suggest that you ask the seller or the seller's agent if they have three mailbox keys. If not, you have no way to know if a stranger has an extra key. In my opinion, if you don't get three mailbox keys, the seller should pay for a new mailbox lock and keys. The Post Office will charge $35 to install a new lock.

retiredguy123 04-17-2025 02:05 PM

If you think you need an attorney to buy a house, the correct time to hire one is before you sign the sales contract. The closing is mostly a formality.

Stu from NYC 04-17-2025 03:12 PM

Quote:

Originally Posted by retiredguy123 (Post 2425262)
If you think you need an attorney to buy a house, the correct time to hire one is before you sign the sales contract. The closing is mostly a formality.

Very true

Berferful 04-17-2025 03:21 PM

In Massachusetts, the buyer and the seller have their own attorneys at closing. That’s why I’m asking. Follow up question. Can I purchase title insurance here in Florida? That would protect me in case of “mistakes” made by title company or their attorneys.

retiredguy123 04-17-2025 03:46 PM

Quote:

Originally Posted by Berferful (Post 2425272)
In Massachusetts, the buyer and the seller have their own attorneys at closing. That’s why I’m asking. Follow up question. Can I purchase title insurance here in Florida? That would protect me in case of “mistakes” made by title company or their attorneys.

Absolutely, but it will be expensive. I paid $1,100 for a $200K house. That was a buyer's policy on a cash sale.

If you get a mortgage, you won't have a choice, but the policy will only protect the mortgage company. You will pay more for a buyer's policy.

BrianL99 04-17-2025 03:59 PM

Quote:

Originally Posted by Berferful (Post 2425272)
In Massachusetts, the buyer and the seller have their own attorneys at closing. That’s why I’m asking. Follow up question. Can I purchase title insurance here in Florida? That would protect me in case of “mistakes” made by title company or their attorneys.

No trying to be a jerk, but based on that question, you absolutely, positively need a lawyer to advise you.

& I do real estate development in MA and have had 100's of closing. I wouldn't do one without an attorney, anywhere in the world and I know what I'm doing.

Stu from NYC 04-17-2025 06:07 PM

Quote:

Originally Posted by Berferful (Post 2425272)
In Massachusetts, the buyer and the seller have their own attorneys at closing. That’s why I’m asking. Follow up question. Can I purchase title insurance here in Florida? That would protect me in case of “mistakes” made by title company or their attorneys.

We purchased title insurance when we purchased here. Never know who will show up with a claim.

Perhaps the Village Indians will decide they own the land.

BrianL99 04-17-2025 06:30 PM

Quote:

Originally Posted by Berferful (Post 2425245)
I guess it’s not required, but I’m wondering if it’s wise to have an attorney when purchasing a home here. We are buying from an owner and using their title company. Any advice including Attorney recommendations appreciated. We will be closing the end of May. Thanks

Quote:

Originally Posted by rjm1cc (Post 2425254)

OTOW has approved you as a resident. This is different from an owner. Call customer 352 236 6869 service and ask if there is anything special to do and about getting a stick for your car to get in. Down load the entry app myenvera and ask for help getting registered. Review this site for general info [url=https://ontopoftheworldinfo.com/]On Top of the World Info – Resident Information.

I don't think On Top of the World has much input into who buys homes in The Villages.

gmacw 04-18-2025 05:19 AM

Quote:

Originally Posted by Berferful (Post 2425272)
In Massachusetts, the buyer and the seller have their own attorneys at closing. That’s why I’m asking. Follow up question. Can I purchase title insurance here in Florida? That would protect me in case of “mistakes” made by title company or their attorneys.

I’m from Massachusetts as well and bought a “snowbird” home here last year. I bought direct from owner and got my own lawyer. It was worth the peace of mind and yes, there was a small snag securing the title insurance that my lawyer took care of. In my opinion, its well worth it!

Retiring 04-18-2025 07:44 AM

Quote:

Originally Posted by BrianL99 (Post 2425255)
You're making an investment likely over $300,000 and considering trusting the transaction to a Clerk in a Title Office ... hired by the other party?

Get a lawyer.

Amen.

Bonanza 04-18-2025 04:32 PM

An Attorney? Why?
 
Quote:

Originally Posted by BrianL99 (Post 2425255)
You're making an investment likely over $300,000 and considering trusting the transaction to a Clerk in a Title Office ... hired by the other party?

Get a lawyer.

I'm not too sure they really need their own attorney. What is your problem with a "clerk" in a title company? The closing agent verifies the closing papers and the HUD-1, and I am sure as long as the closing statement shows a clear title and there is nothing "new" written in, I don't see a problem. A buyer receives the closing statement ahead of closing, so they know exactly what their check amount is, and they have a contract previously signed to refer to anything written in, so they are aware of all details.


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