New Jersey Real Estate Attorney
Earl P. White, Esq.
Buying or selling a home is a meaningful event in our lives. Whether it’s your family house or an investment, we all want the process to be smooth and hassle free.
Of course, real estate sales are not simple. Rights and obligations, deadlines, legal documents, and federal and state laws exist from contract to close. Coordination among buyers, sellers, agents, and attorneys makes a difference.
I simplify the transaction by communicating with professionals working on the sale, advising you each step of the way, and advocating on your behalf. My goal is a successful sale, while protecting your legal and financial interest.
I am a Certified Closing Professional, New Jersey and American Bar Association member, and affiliate to the American Land and Title Association and the North Jersey Board of Realtors.
My services at each stage of the sale process are outlined below. Call me at (201) 389-8275 or fill in the contact form with any questions. I’m here to help.
- 3-Day Attorney Review
- Inspection Time Period
- Financing and Approvals
- Closing Preparation
- The Closing Event
- Post Closing
3-Day Attorney Review
The 3-day attorney review is 72-hour opportunity for an attorney review the framework for the entire transaction. Buyer and seller This includes compliance with legal requirements, appropriate timeframes are set forth, and contingencies are in place to protect you. The attorney should ensure the contract is designed to achieve your goals.
I provide the following services during the 3-Day Attorney Review:
- Confirm receipt and proper execution of necessary documents.
- Create a Property Record report with deed, assessment, and property specifications.
- Ensure Good Faith Estimate is consistent with purchase price, deposit, and mortgage.
- Review the timelines are realistic and meets your goals.
- Negotiate on your behalf, including escrow deposit, closing date, tenancy and occupancy, and contingencies.
- Discuss your rights and obligations.
Inspection Period is the time where a buyer may choose to hire a licensed inspector, risk assessor, and surveyor, study the surrounding area, pull permit history, and assess renovation costs if any. Inspection periods normally lasts fourteen (14) calendar days following attorney review.
Services during the Inspection Period include:
- Create dates memorandum serving as a timeline roadmap.
- Ensure licensed professionals conduct inspections for structure, utilities, termites, environmental issues (radon, lead-based paint, formaldehyde, asbestos, pesticides, toxic chemicals, water contamination), septic/well testing, and buried oil tanks.
- Review inspection reports.
- Negotiate price or seller credits, and extend or conclude inspection.
- Monitor inspection deadline.
Financing & Approval
Services necessary for closing begin following conclusion of inspection if not already started. These services normally include an appraisal, lien search, title search and securing a title commitment, obtaining mortgage approval and mortgage commitment,
My services during the Approval phase include:
- Order and review title search, lien search, and survey.
- Confirm and review appraisal, and mortgage and title commitments.
- Advise on homeowner’s and flood insurance.
- Monitor compliance with obtaining Certificate of Occupancy, including smoke and carbon monoxide detectors, wall mounted fire extinguisher.
- Monitor financing, title, and policy deadlines.
Lenders, settlement agents, and attorneys jointly prepare closing documents. The “Closing Disclosure” is received least three days prior to closing, which discuss among other details, loan amount, interest rate, closing costs, monthly payments, costs, and disbursements. Buyers also review the promissory note, mortgage or security instruments, and proposed deeds.
My services while preparing for closing include:
- Confirm loan documentation is consistent with the purchase agreement.
- Explain closing documents: Closing Disclosure, Form of Deed, Affidavit of Title
- Monitor legal compliance with state and federal law, including Truth in Lending Act and Real Estate Settlement Procedures Act.
- Ensure settlement follows American Land and Title Association Best Practices for disbursement and security.
- Arrange for closing at a secure and convenient location.
The Closing Event
Buyer conduct a “Final Walk-Through” to ensure the property remains in materially the same condition as at the Inspection Period. Documents are signed and notarized. Settlement should be conducted by agents following American Land and Title Association (ALTA) best practices for maintain cybersecurity.
My services during the Closing phase include:
- Answer questions following the Final Walk-Through
- Ensure transfer of door and garage keys.
- Oversee required document execution by seller and buyer.
- Confirm identity of all present professionals.
- Ensure best security practices are followed in the disbursement of funds.
Although ownership has transferred, the closing is not the end of the real estate transaction. Deeds and notes must be recorded with the county, title insurance issued, and lenders review and request edits to paperwork.
- Confirm recording of deed, mortgage note, lien discharge, and ownership.
- Confirm disbursement of funds according to Settlement Statement.
- Ensure title insurance policy is issued.
- Resolve post-closing documentation issues.
- Client satisfaction check.