Closing Without an Attorney Involved

5 Replies

I am in the midst of a purchase and an old school seller says he doe not want attorneys involved. I informed him we would still be getting title insurance and running a title search and he was okay since that was coming out of my pocket. From there though I am very unsure of everything. Would we not go to closing? How would the transfer tax split still be paid for? He mentioned anyone can record the deed and that part makes ssense. I believe I would just send the proper documents to the courthouse for recording thus avoiding all recording fees.

Can the more experienced investors of the Bigger Pockets community help me with any advice? I would really appreciate it.

I do not believe the seller is acting shady or mischievous in any way. I just believe he is unfamiliar with how things are done with this action nowadays.

Any input would be greatly appreciated.

Thanks,

Jarred

Pittsburgh , Allegheny County ,Pennsylvania

(412) 527-8202

I had a seller do that also. I walked away.

He wanted cash for a deed.

Could you use a closing company instead of a lawyer? If yes, I can refer a local closing company. They are not lawyers and they will do all the work.

I would look into the real reason he does not want to use an attorney. If its money, get a title co. and pay for any extras they may charge if it fits in your budget. I would be careful with anyone trying to do something "on the side" although it can all be done its best to have a 3rd party involved thats in your interest IMO.

Joe Stafford, Real Estate Agent in FL (#3237327)
(954) 260-3229

I'm waiting for Bill to chime in and tell you that the government somehow requires such and such. But, you can do a closing yourself if there's no loan involved. You can hire an attorney to do a title search and provide you with title insurance commitment prior to the closing, and then have a title company to close it for you. Or you could close it yourself, filling out the HUD-1 (it's not that complicated). Take the deed to the courthouse and record it and pay the transfer taxes and such. You could also have your attorney prepare the deed for you prior to the closing. You may need someone to notarize it. Anyway, it can be done. Seek legal advice from your attorney though, as I am not an attorney, and didn't play one on TV.

Jarred I believe that he's trying to convey the property to you via a quitclaim deed. Things like tax prorations, water/sewer escrows, title insurance etc usually get thrown out the window when these types of transactions happen.

You are best to tell him that you want a traditional closing with a settlement company and that you will pay all the closing costs. More than likely he just doesn't want to pay these costs. The only other probability is that he's trying to get something over on you, like stick you with delinquent property taxes or some other lien or cloud on the title. Personally, if I couldn't get him to agree with Door #1 I'd assume he's up to something funny and walk away.

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