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Old 08-03-2014, 02:41 PM
 
69 posts, read 80,534 times
Reputation: 57

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Looking for some advice or a reference/recommendation to a good real estate/title/privacy lawyer in the Brambleton/Ashburn/Loudoun County area.

I am purchasing a new build home in Ashburn/Brambleton VA, in Loudoun County and expected to close in about 6 weeks. I have some questions surrounding the closing as it relates to the contact that I sign and privacy laws in VA. I am from Texas and I believe that they are somewhat different.

Specifics are what happens to the 100 +/- pages in the contract that I sign?

Who get's a copy? I am sure the bank gets a full copy...but who else?

The county? I can see that Loudoun needs some of what I signed for taxes and property registration and things like that, but they should not need all of it. How do I ensure that they only get what they need?

The real estate company certainly does not need all of it, probaly just the HUD-1 final statement.

The HOA certainly does not need all of it, but I had a house previously where we had an HOA and they had their own papers in the contract that we had to sign.

The Builder, I really can't see them needing much, except the check from the bank....

The title company, I can see them needing a full copy as well.

How do I ensure that these entities only get what is related to what they need and nothing else?

I am concerned that any of our confidential information (CI) and Personally identifiable information (PII) would be given to parties who do not need it and the creates an issue for us as our CI & PII then have been shared out without our consent. Even then, would I expect some papers in the contract to say that we do give our "consent" to share, in which case, we would say no. Then what happens?

I am concerned about the who and how and how our information gets disseminated out to other parties. And who ensures that the whole contract is just not sent to everyone and that they only get what they need and nothing more.

Thanks,

Michael
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Old 08-04-2014, 08:05 AM
 
Location: Sterling, VA
1,059 posts, read 2,964,000 times
Reputation: 633
First of all, if you are buying a home you have already signed a contract with the builder. You should already have a copy, the builder will have a copy, the title company or attorney handing the closing will have a copy and the lender (mortgage company) will also have a copy.

If you are talking about the papers you sign at closing (settlement) I don't believe there are 100 pages to sign, even though it seems like it at the time.

You will sign a deed of trust (I believe Texas is also a deed of trust state, other states you sign a mortgage) and the promissory note (a promise to pay the money back). This is recorded at the courthouse in Leesburg, so yes, the county will have a copy, and certainly the lender.

The real estate company (if you have an agent representing you, the agent should be able to help you with any question) will have a copy of the contract you have with the builder and will get a copy of the HUD 1 statement prepared at closing.

Remember, the title company handling the settlement does not represent either the buyer or the seller. They are a neutral party in the transaction. If you would like an attorney to represent you I can recommend Paul Pelish in Leesburg. I am sure others on this panel will also have recommendations.
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Old 08-05-2014, 10:46 AM
 
69 posts, read 80,534 times
Reputation: 57
Yes, I am talking about the documents at closing that disclose all my personal information. As of right now, only the bank has my SS#, paycheck stubs, credit reports, Employee information, etc, etc. The Builder and Real Estate company do not have any of that

But having bought a home before in Houston, Texas, at the signing at closing, a lot of that information is in the contract.

My concern is, that the Builder, Real Estate Company and HOA have no need for my SS#, copies of paycheck, bank statements, employee info, etc, etc.

I know the Bank needs it and can see that Loudoun county might need "some" of it for tax purposes. But no everyone needs everything. I assume the title company will keep a copy of the entire package for its records.

How do I ensure that John Doe at XYZ title company does not just forward out the entire package to those parties and actually does his job and only pull out documents that those parties need.

I don't want my personal and confendential information shared beyond what is absolutely necessary.

In Texas I was able to do this, but here, everyone seems to have no idea about Privacy laws and CI and PII issues.
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