[Nucky]

Originally Posted by DAVES

My view. First of all I do not like attorneys having had several bad experiences with them.

For many buyers, buying a home is the most expensive deal you have ever been involved in. You are negotiating way out of your league. There you sit at closing. You and or your wife are already picturing yourselves in that home. Seems to be normal practice on a resale. The contract has been negotiated and you sit down to sign and one party then wants to change the deal. You need someone,
usually a paid for attorney who has not vested interest and is on your side. Some have mentioned they used the title company.
My view, they are not on your side, they are on the side of the title company AND PERHAPS MORE INTERESTED IT GETTING IT DONE SO THEY CAN GET OUT OF THERE.

My experience the buyer of our previous home. Truth I liked them.
Sadly I stupidly misjudged them to be honorable people. They said they wanted my office furniture, a clock industrial shelves down the basement, my work table. I STUPIDLY GAVE IT ALL TO THEM CHARGED THEM NOTHING. Could have, sold it all for about 1,000.

Closing my attorney allowed the closing to be not at her office which I believe, is customary to be at the sellers attorneys office. The same broker had sold the buyers home and ours to them. Not sure if that is either legal or ethical. Commissions on both sales. The broker was not at the closing-seems to me they should have been.

We arrived as scheduled. Everyone else was already there including
MY? attorney. She clearly let the far more powerful buyers attorney
run all over her. She didn't care just a pencil pusher. She GAVE AWAY LIKE 2,000 OF MY MONEY WITH OUT ASKING. In a room with all these attys, title companies AND MY WIFE CRYING AND SAYING IN FRONT OF ALL-JUST GIVE IT TO THEM. I had to grab their attention. I surely shocked the whole room. I said loud and clear I AM NOT DOING THIS. The buyers attorney suggested I step out with my attorney. ON EXITING THE DOOR SO ALL COULD HEAR
I SAID AGAIN-I AM NOT DOING THIS.

In any negotiation, someone needs to be in CONTROL. I was outnumbered my wife had already said aloud give it to them.
I do not much care what they thought of me. I SEIZED CONTROL.
AND IT SHOCKED THEIR ATTY AND MINE.

I feel what you described with my mind and soul. Sometimes you have to just shock the hell outta them without slapping them.

I listened to a whole host of people on TOTV'S before we moved here and didn't use a lawyer for our first closing. That will never happen again, ever. I want to be represented. I am like-minded and would never ever just hand over anything just because someone said so. In N.J. you had to put on a suit of armor for many closings because when the house is cleaned out and your belongings are in a moving truck and your family is waiting in the parking lot for the next closing for their new home. the buyer thinks they have you over a barrel. B.S. I've threatened to unpack the truck and take the house off the market and you have to see the look on the other people's faces. All of a sudden the issues that were not going your way seem to magically turn around. The last guy owed me either $3000 or $5000 for furniture he bought from me in a separate side deal. He claimed he forgot his checkbook. I killed the closing. He promised he would pay me on a Monday and it was a Friday closing. I killed the deal again. Cash started flying outta realtors and the buyer's pockets and my lawyer made it all happen. Love being represented. Will never close again without one. To save $500. NOT. I give heart attacks, I don't have them. Business only.

[retiredguy123]

Originally Posted by DAVES

My view, you are entitled to have an attorney at closing. The attorney
at closing represents the builder not you the buyer, As I recall the documents at closing were like 28 pages of legalize. Each page is followed by another page in which you sign that you UNDERSTAND the previous page. Truth, you are spending around half a million dollars.
I was told by the villages attorney staff. I do not think the person passing papers to you is an attorney. I was told when I said I was bringing my atty they got kind of huffy and I was told they allow 15 minutes per closing. I polity as I could told them my mother taught me you never sign anything you have not read and understand.

I asked for and received a copy of the document before closing.
We had a deal from my wife's previous job where we paid a nominal fee and she/we had free use of attorneys. Truth based on some previous experience I have a rather low opinion of attorneys as well as ONE experience with a great one. We had an attorney at the closing on our previous home and the closing at the villages that cost us nothing. Neither was at all impressive.

Aside, the documents you will be asked/told to sign are 28 pages or so of legalize. The house we sold that we bought like 40 years ago, I seem to recall it was like four pages.

I agree. And, the most important document at the closing is the settlement statement where the math is done. Whenever I have attended a closing, I have made it clear to the title company weeks in advance that I must receive a copy of the settlement statement a day before the closing. If I don't, then I either won't attend, or they need to allow at least an hour or so for me to review the statement.

[MrFlorida]

Not needed , the title company does a great job.

[wereback]

I have closed many home sales and purchases since yr 2000 lost count at 30 I have never had any difficulty at any closing always have the necessary papers at least 2 days ahead have all signed 1 day ahead and after my first closing which we attended we never go near a closing. A new buyer or seller can be a real pain if they think they have any power over anyone. Just make sure all the ts are crossed and periods in place. When papers are all in order nearly impossible to change. I never go into a deal unless their is a 20% deposit involved That will make all Christian and no backout.

[Luggage]

Usually the title company

[TeresaE]

In Florida, seller traditionally chooses the Title Company or Closing Attorney, and pays the fees associated with that closing. Earnest money deposits are held in an escrow account either with the title company, closing attorney, or the seller’s Real Estate Brokerage. Florida has very strict and prescriptive laws as to how and where earnest money can be held and what must be done in the event of a dispute.

[midiwiz]

Originally Posted by metoo21

Has anyone used a closing attorney in The Villages that wasn't part of The Villages "staff"? Any recommendations?

yes both way, but mine are "free"

[Mistymom]

Originally Posted by DAVES

My view. First of all I do not like attorneys having had several bad experiences with them.

For many buyers, buying a home is the most expensive deal you have ever been involved in. You are negotiating way out of your league. There you sit at closing. You and or your wife are already picturing yourselves in that home. Seems to be normal practice on a resale. The contract has been negotiated and you sit down to sign and one party then wants to change the deal. You need someone,
usually a paid for attorney who has not vested interest and is on your side. Some have mentioned they used the title company.
My view, they are not on your side, they are on the side of the title company AND PERHAPS MORE INTERESTED IT GETTING IT DONE SO THEY CAN GET OUT OF THERE.

My experience the buyer of our previous home. Truth I liked them.
Sadly I stupidly misjudged them to be honorable people. They said they wanted my office furniture, a clock industrial shelves down the basement, my work table. I STUPIDLY GAVE IT ALL TO THEM CHARGED THEM NOTHING. Could have, sold it all for about 1,000.

Closing my attorney allowed the closing to be not at her office which I believe, is customary to be at the sellers attorneys office. The same broker had sold the buyers home and ours to them. Not sure if that is either legal or ethical. Commissions on both sales. The broker was not at the closing-seems to me they should have been.

We arrived as scheduled. Everyone else was already there including
MY? attorney. She clearly let the far more powerful buyers attorney
run all over her. She didn't care just a pencil pusher. She GAVE AWAY LIKE 2,000 OF MY MONEY WITH OUT ASKING. In a room with all these attys, title companies AND MY WIFE CRYING AND SAYING IN FRONT OF ALL-JUST GIVE IT TO THEM. I had to grab their attention. I surely shocked the whole room. I said loud and clear I AM NOT DOING THIS. The buyers attorney suggested I step out with my attorney. ON EXITING THE DOOR SO ALL COULD HEAR
I SAID AGAIN-I AM NOT DOING THIS.

In any negotiation, someone needs to be in CONTROL. I was outnumbered my wife had already said aloud give it to them.
I do not much care what they thought of me. I SEIZED CONTROL.
AND IT SHOCKED THEIR ATTY AND MINE.

We have never used a lawyer to settle disputes at closing, however having a great realtor has helped us tremendously.
We found out 3 days before closing that our last house didn't "appraise". We had been strict from the beginning on the sale price because we didn't even have our house on the market, we were approached by someone who wished to buy it. When it didn't appraise, everyone expected us to drop the price $15k and we refused. We told them that we could cancel the movers up to that day and unpack just as easily there as in The Villages. Within a hour, our agent called and said that both her and the buyers agent would pay the difference.
You do have to be your own advocate! Also, if possible, put a contingency in your contact that if your old home doesn't sale, you can back out of your new one!

[frankikeller]

Originally Posted by metoo21

Has anyone used a closing attorney in The Villages that wasn't part of The Villages "staff"? Any recommendations?

We just closed on a house (in the Villages). Seller used Kelsey Title Agency. Good service, no complaints.

[Proveone]

By the way, Whether you are the buyer or seller, you don't need an attorney to close on a house. Just go to a title company and they arrange all the paper work. That's what house closing attorneys do!

[Stu from NYC]

Originally Posted by Nucky

I feel what you described with my mind and soul. Sometimes you have to just shock the hell outta them without slapping them.

I listened to a whole host of people on TOTV'S before we moved here and didn't use a lawyer for our first closing. That will never happen again, ever. I want to be represented. I am like-minded and would never ever just hand over anything just because someone said so. In N.J. you had to put on a suit of armor for many closings because when the house is cleaned out and your belongings are in a moving truck and your family is waiting in the parking lot for the next closing for their new home. the buyer thinks they have you over a barrel. B.S. I've threatened to unpack the truck and take the house off the market and you have to see the look on the other people's faces. All of a sudden the issues that were not going your way seem to magically turn around. The last guy owed me either $3000 or $5000 for furniture he bought from me in a separate side deal. He claimed he forgot his checkbook. I killed the closing. He promised he would pay me on a Monday and it was a Friday closing. I killed the deal again. Cash started flying outta realtors and the buyer's pockets and my lawyer made it all happen. Love being represented. Will never close again without one. To save $500. NOT. I give heart attacks, I don't have them. Business only.

Wow very interesting and food for thought if we ever move again

[debem1@aol.com]

We used Mr. Wade Boyette with BCN Law Firm and he was GREAT! Their phone number is 1-352-775-4739 Everthing went very smooth. Debe & Rick Mainville

[bxmt54]

Originally Posted by metoo21

Has anyone used a closing attorney in The Villages that wasn't part of The Villages "staff"? Any recommendations?

We sold two houses ourselves and used Advantage Title for both transactions. It was very straightforward and not all that expensive.

[Bonanza]

Originally Posted by TeresaE;2078371[COLOR="Yellow"

]In Florida, seller traditionally chooses the Title Company or Closing Attorney, and pays the fees associated with that closing.[/COLOR] Earnest money deposits are held in an escrow account either with the title company, closing attorney, or the seller’s Real Estate Brokerage. Florida has very strict and prescriptive laws as to how and where earnest money can be held and what must be done in the event of a dispute.

WRONG! In Florida, the person who is paying for title insurance is the one who traditionally chooses the attorney or title company.
What "fees" are you speaking about because if you are referring to all fees, that the seller pays those is also incorrect.

The person who pays for title insurance varies from county to county, and whoever pays the title insurance (be it buyer or seller) is not a fact necessarily cast in concrete. As with so many things, it can be negotiated.

[retiredguy123]

Originally Posted by Bonanza

WRONG! In Florida, the person who is paying for title insurance is the one who traditionally chooses the attorney or title company.
What "fees" are you speaking about because if you are referring to all fees, that the seller pays those is also incorrect.

The person who pays for title insurance varies from county to county, and whoever pays the title insurance (be it buyer or seller) is not a fact necessarily cast in concrete. As with so many things, it can be negotiated.

Huh? Title insurance is an optional insurance policy that the buyer can purchase if they want to. It is not mandatory. It protects the buyer from legal claims against the property for as long as they own the property. But, the seller pays for a title "search" which ensures that the deed is free of any liens or other claims against the property and allows a clear title to convey to the buyer. The title search is not title insurance. The seller is responsible for all costs associated with conveying a free and clear title to the buyer.

If there is a mortgage, the lender may require the buyer to pay for a lender's title insurance policy which protects the lender's interest in the property, but not the buyer's interest.