Still on the Hook – Post Foreclosure Judgments
January 5, 2015
September 18, 2015

Unfortunately, I have several clients that I represent in post closing matters that resulted from a failure to understand the documents and disclosures they were signing at the closing.  In this day and age, with so many title defects, foreclosures, illegal property additions and fraud, buyers- especially foreigners not familiar with Florida Real Estate Law- should avoid closing on a home without legal representation. As a Real Estate Attorney, I review closing documents with my clients prior to the closing, not the day of the closing as most title agents do. Local and clients from abroad rarely truly understand the meaning of the documents they are asked to sign at closing.

Below are examples of some of the many issues I address and discuss with my clients before closing time.

Interest Rates (What is the interest payable? How is the interest rate calculated? Is interest fixed or variable? Does it match      what you were quoted on the Good Faith Estimate)

  1. Payment Terms and Fees (Are there any loan fees, commitment fees, placement fees, points payable upfront? Are there ongoing fees for the life of the loan?)
  2. Representations, Compliance and Warranties of the Borrower
  3. Conditions to Close (HOA Issues, Due Diligence, Documents to Execute and what they mean).

Never sign any document at closing that you don’t fully understand or agree with. Disclosures especially should be reviewed with an attorney as any violation or uncorrected title issue disclosed to you at closing is not covered by title insurance. Nothing protects you better than making sure an attorney is by your side when closing.

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