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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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