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Old 06-25-2011, 01:29 PM   #1
Tadpole
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Default Real Estate Closings in NH

We have been told that most real estate closings in NH are handled by Title companies - true? If so, do people still get attorneys? From just a quick Google search, it appears to me that the Title companies are run by lawyers. Has anyone closed on property using only a Title company? Any recommendations? Also - what does Title insurance normally cost?
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Old 06-25-2011, 01:43 PM   #2
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Default Definitely yes on Atty.

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Originally Posted by Tadpole View Post
We have been told that most real estate closings in NH are handled by Title companies - true? If so, do people still get attorneys? From just a quick Google search, it appears to me that the Title companies are run by lawyers. Has anyone closed on property using only a Title company? Any recommendations? Also - what does Title insurance normally cost?
The only person that is truly there to protect your interest in a real estate transaction is your attorney. Not only would he/she make sure that the purchase and sales agreement is A-OK, the atty will also be at the closing to make sure that your rights are totally protected.

Closing atty does not represent the seller or the purchaser. His interest is to make sure the closing is done to the benefit of the Bank.
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Old 06-25-2011, 02:06 PM   #3
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The only person that is truly there to protect your interest in a real estate transaction is your attorney. Not only would he/she make sure that the purchase and sales agreement is A-OK, the atty will also be at the closing to make sure that your rights are totally protected.

Closing atty does not represent the seller or the purchaser. His interest is to make sure the closing is done to the benefit of the Bank.

Agree with above.
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Old 06-25-2011, 02:23 PM   #4
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Default Yes get your own

When we purchased our home in West Alton in 1998 we hired a title company (Philpot in Laconia) even though there would be no mortgage. We still wanted a title search and we wanted to get buyers title insurance. As we agreed to pay Mr Philpot a fee, we were under the impression that we had hired a lawyer to represent us. When I called to ask about the legal implications of a shared driveway, he told me to hire a lawyer if we wanted legal advice!.(I won't get into my response). He took the position that he was only representing the title insurance company even though we had hired him.

So always be represented by an attorney who has no connection to the bank and/or title company. You just never know what might be lurking in the weeds.
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Old 06-25-2011, 03:07 PM   #5
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Default Trying again

So - how do closings happen if there is no mortgage involved? Do lawyers do it? Who handles a title search - do we get our own title company or does a lawyer handle that? In other words, what's the process?
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Old 06-25-2011, 03:16 PM   #6
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So - how do closings happen if there is no mortgage involved? Do lawyers do it? Who handles a title search - do we get our own title company or does a lawyer handle that? In other words, what's the process?
There are lawyers who will represent you and do a title search for you in a no mortgage situation. Look for one that has real estate as a specialty and make you expectations clear up front, something that I had failed to do. The sellers lawyer does the deed and would probably handle the closing but your guy or gal should be involved.
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Old 06-25-2011, 03:23 PM   #7
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Call your lawyer and tell him you are buying a piece of property. It is really as simple as that. I would not bother with a title company.
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Old 06-25-2011, 03:38 PM   #8
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Default Good lawyer?

We're in MA and have no idea who to use. Any recommendations? Need one in the Moultonborough area.
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Old 06-25-2011, 07:01 PM   #9
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Default Buyer or Seller?

If you're a buyer, I recommend getting an attorney to represent your interests. Cost should be around $500 plus/minus.

If you're a seller, there is no need for a lawyer unless you're in an unusual situation. A title company should be sufficient. Cost is $125-$175 for most seller transactions, including recording fees.
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Old 06-25-2011, 07:31 PM   #10
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Default Attorney

The need for an attorney depends on what your concerns are. If you want a good attorney in that area call Frank Michele, NH Closings in Meredith.

I have had over 50 closings for mortgages on properties, some in excess of one million dollars, and never brought my own attorney. The mortgage company can select an attorney or title company and it will be someone that they are comfortable with. If a lot of mistakes were being made the mortgage company wouldn't be using them.

Everyone (lawyers, title companies, banks) has insurance for errors and omissions so if your concern is just about your mortgage then don't waste your money.

If you have other concerns about the property such as right of way or boundaries then you should pay a good real estate attorney. Don't use a business, divorce or criminal attorney because they may not have participated in a closing in recent years and you might know as much about real estate as they do.
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Old 06-25-2011, 07:37 PM   #11
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TadPole, please understand the difference between hiring your own attorney and the functions of a title company. A title company will have a search done for you and sell you title insurance (recommended) if you desire. Your lawyer will basically represent you by inspecting relevant documents prior to settlement plus checking everything at setlement.
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Old 06-25-2011, 09:16 PM   #12
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We used Lawyers Settlement Services in Meredith for our purchase with no mortgage involved. They were very helpful and offered title insurance (I think it was a couple hundred dollars for our condo purchase).
http://www.nhtitleclosings.com/
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Old 06-25-2011, 09:35 PM   #13
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Quote:
Originally Posted by Slickcraft View Post
When we purchased our home in West Alton in 1998 we hired a title company (Philpot in Laconia) even though there would be no mortgage. We still wanted a title search and we wanted to get buyers title insurance. As we agreed to pay Mr Philpot a fee, we were under the impression that we had hired a lawyer to represent us. When I called to ask about the legal implications of a shared driveway, he told me to hire a lawyer if we wanted legal advice!.(I won't get into my response). He took the position that he was only representing the title insurance company even though we had hired him.

So always be represented by an attorney who has no connection to the bank and/or title company. You just never know what might be lurking in the weeds.
Yes....this guy ! I had issues with him also.
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Old 06-25-2011, 10:52 PM   #14
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My advice to anyone buying a house or property is to get a full survey of structure locations, set-backs, in addition to the standard boundary markers.

It amazes me how much this comes up in real estate.
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Old 06-26-2011, 06:42 AM   #15
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I've used Lee Mattson on a number of transactions and have been very happy. Would not buy / sell without my own representation. As mentioned above survey too.

http://www.mattson-law.com/
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Old 06-26-2011, 07:09 AM   #16
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Quote:
Originally Posted by TiltonBB View Post
The need for an attorney depends on what your concerns are. If you want a good attorney in that area call Frank Michele, NH Closings in Meredith.

I have had over 50 closings for mortgages on properties, some in excess of one million dollars, and never brought my own attorney. The mortgage company can select an attorney or title company and it will be someone that they are comfortable with. If a lot of mistakes were being made the mortgage company wouldn't be using them.

Everyone (lawyers, title companies, banks) has insurance for errors and omissions so if your concern is just about your mortgage then don't waste your money.

If you have other concerns about the property such as right of way or boundaries then you should pay a good real estate attorney. Don't use a business, divorce or criminal attorney because they may not have participated in a closing in recent years and you might know as much about real estate as they do.

Didn't Tadpole say he didn't have a mortgage. Therefore a closing is not a big deal. Most NH closing we have had, we have not even gone to. The lawyer just does it. All we need to do is sign the papers.


Randy Walker in Wolfeboro still has a special real estate division I am pretty sure. It is right next to the Yum Yum Shop in downtown Wolfeboro.
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Old 06-26-2011, 09:56 AM   #17
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Quote:
Originally Posted by Paugus Bay Resident View Post
I've used Lee Mattson on a number of transactions and have been very happy. Would not buy / sell without my own representation. As mentioned above survey too.

http://www.mattson-law.com/
Agreed. One of his specialties is real estate/land.

8 NH Route 25, P.O. Box 1596,
Meredith, NH 03253-1596, (Belknap Co.)

Mailing Address:
P.O. Box 1596,
Meredith, NH 03253-1596

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Phone: 603-279-9940
Fax: 603-279-9965

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