THU, July 24, 2008
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National Mortgage
Where is the Closing Held and Who Attends?

The closing is generally held at the office of the title or escrow company. The title or escrow company facilitates the closing by providing a forum for the release of funds and the exchange of documents. This is in part due to the fact that the title or escrow company will often act in the best interests of the lender and will be the lender's agent or county courthouse. If this is not the case and the title company cannot act as the lender's agent and close the deal, the closing may be conducted in another venue such as the office of the lender or the county courthouse. The seller selects the title company as the seller generally pays for the title insurance. However, local customs dictate who actually pays.
It is imperative that the buyer attends the closing. If that is not possible, the buyer can grant a power of attorney to their attorney who will then attend, review and verify the documentation and then sign all the necessary documents in lieu of the buyer.

The following people may attend the closing depending on localcustoms:

  • The buyer
  • The seller
  • The seller's agent
  • The buyer's agent
  • The buyer's and seller's attorney's
  • The lender's representative
  • The title officer or other closing agent

In some states such as California, which is considered an escrow state, there may not be what one considers a traditional closing. The buyer and seller will provide the escrow company with instruction for the transaction and go into the escrow company (usually separately) and sign the necessary documents. The actual closing will then be conducted by the escrow company and both the buyer and the seller will be informed. The buyer will also be instructed to come in and collect the keys.



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