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Old 06-27-2015, 09:13 AM
 
9 posts, read 8,490 times
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My agent in TN has sold my property. I do not live in TN. I want to close remotely. I read that for TN closing are handled by the Title company. I was wondering if I need an attorney? The sale is pretty straight forward.

Technically is the title company working for me, the buyer, or are they neutral?

Thanks
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Old 06-27-2015, 10:40 AM
 
15,503 posts, read 28,044,440 times
Reputation: 19129
Quote:
Originally Posted by rubikrog View Post
My agent in TN has sold my property. I do not live in TN. I want to close remotely. I read that for TN closing are handled by the Title company. I was wondering if I need an attorney? The sale is pretty straight forward.

Technically is the title company working for me, the buyer, or are they neutral?

Thanks
Mod Note: It is true that closings vary state by state. However, I am going to move your post to the Real Estate forum for advice but leave a fairly long re-direct so that people (hopefully RE professionals) in the Chattanooga, TN forum (origination of your thread) can see this also.
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Old 06-27-2015, 12:14 PM
 
Location: Mostly in my head
19,865 posts, read 57,375,094 times
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You can have the documents sent to you in advance, sign them, and send them back. Or if the title company uses DocuSign, you can do it that way. If the title company handles the closing, you have options.
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Old 06-27-2015, 12:31 PM
 
Location: Austin
7,205 posts, read 18,266,733 times
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You cannot use Docusign to close a real estate transaction. There has to be wet signatures and a notary. Many times, when buyers or sellers are out of town, one of four things happens.
1. You give property specific power of attorney for someone to sign for you.
2. You get the docs via email, print them out, and take them to a bank or a notary to sign.
3. Have the title company send a mobile notary with the docs directly to you.
4. Do a courtesy closing at a nearby title company where they have the docs ready for you.
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Old 06-27-2015, 04:01 PM
 
Location: Mostly in my head
19,865 posts, read 57,375,094 times
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I believe that varies by state. I know there was no notary present when I sold my house in UT and signed the paperwork in advance.
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Old 06-27-2015, 04:34 PM
 
Location: Austin
7,205 posts, read 18,266,733 times
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Quote:
Originally Posted by SouthernBelleInUtah View Post
I believe that varies by state. I know there was no notary present when I sold my house in UT and signed the paperwork in advance.
Signing ownership of the home with the county requires a notary to show the correct people gave up ownership and the correct people acquired ownership. Otherwise, people could say all day long that they own property that they don't. You might not remember a notary, but the person you signed the papers with notarized your signature. It doesn't always happen with you in the room as sometimes the title person or attorney notarizes all the pages at the end. There are several pieces of paper that require a notary to confirm the signature. More on the buyer's side than the seller's side.
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Old 06-27-2015, 05:06 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,958 posts, read 19,527,675 times
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In CA, you must be present to have your signature notarized. Plus they collect a thumbprint.

We do out of state transactions all the time. Post 4 nailed it.
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Old 06-28-2015, 08:30 AM
 
2,600 posts, read 6,446,656 times
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In some states, you are required to hire a real estate attorney to guide you.
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Old 06-28-2015, 01:10 PM
 
Location: Salem, OR
14,236 posts, read 33,727,740 times
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Most people in your situation use a mobile notary. You just let the title company know you want to sign where you are and they will set it up. Out here it is a $175 extra fee paid for that. Still cheaper than a plane ticket.
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Old 07-04-2015, 11:31 AM
 
65 posts, read 77,029 times
Reputation: 42
Default Lawyer for closing?

Is it advisable to retain a lawyer for a closing in TN?

A lot of people I've spoken with said it's not necessary, but being from Ny I'm not used to this.
Is this the case, or am I being paranoid.
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