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I sold my house, closing date is aug 1, my lawyer's secretary phoned me and said lawyer is away for the week and asked me to come in tomorrow (july 30) to meet with her to sign the documents of the closing of my house for sale. Can a problem arise if the lawyer is not there when I sign for everything? I imagine the lawyer MUST sign the documents as well at a later day and give me a copy?
Does this happen often or at times that only the secretary is present at the signing, although she is also a "Real Estate Law Clerk". The buyers will also be issuing the payment in full on the closing date, unless she already has the certified cheque ready for me.
I sold my house, closing date is aug 1, my lawyer's secretary phoned me and said lawyer is away for the week and asked me to come in tomorrow (july 30) to meet with her to sign the documents of the closing of my house for sale. Can a problem arise if the lawyer is not there when I sign for everything? I imagine the lawyer MUST sign the documents as well at a later day and give me a copy??
The lawyer doesn’t execute the documents. The contract is executed by the parties involved, with a notary to witness. The lawyer prepares the documents and ensures contracts are written in accordance with the law. He doesn’t have anything to do with the closing itself.
You should receive some docs a few days before closing for your review. Did that happen? (This might vary by state.)
The lawyer doesn’t execute the documents. The contract is executed by the parties involved, with a notary to witness. The lawyer prepares the documents and ensures contracts are written in accordance with the law. He doesn’t have anything to do with the closing itself.
You should receive some docs a few days before closing for your review. Did that happen? (This might vary by state.)
Yes the lawyer prepared everything and I assume with certainty that he will also be signing the documents at later day or already signed them. This is the first set of documents that I will be receiving 2 days before the closing date on aug. 1. Maby i'll be receiving another set of docs and the lawyer will be there?? She is very professional and is a secretary/real estate law clerk, but I thought the lawyer should or must be there when I sign them. I guess its not necessary??
I'm not from an attorney state (we sign at title companies, no lawyers), but I do think Andrea is right that your lawyer isn't needed to sign anything, he's not party to the contract, he just prepared the contract. The secretary is probably a notary and if she's trying to schedule it, then I would assume it is both OK legally and in accordance with what your lawyer wants you to do.
Usually all you need is a couple of witnesses (i.e. anyone) and a notary. People do this remotely--having documents forwarded to them anywhere, as well.
it's the notarizing of your signature that is most important. so long as she is a Notary, you should be fine (assuming you've reviewed whatever spreadsheet is being used for your proceeds and it's accurate.)
At the same time, since you spelled it "cheque", are you in the US or Canada? And your Realtor should know if there's some unusual requirement in your state.
it's the notarizing of your signature that is most important. so long as she is a Notary, you should be fine (assuming you've reviewed whatever spreadsheet is being used for your proceeds and it's accurate.)
At the same time, since you spelled it "cheque", are you in the US or Canada? And your Realtor should know if there's some unusual requirement in your state.
Im from Canada. Or the payment owing on closing date may be as a bank draft. As long as my lawyer prepared all the documents (which he did) (I imagine his name/signature should appear somewhere within the docs confirming something??), then it should be no problem at all, they are professional people, I was just wondering. Certainly i'll be reading everything I sign, unless I also have a quick glance through at times since there are so many pages to sign. Thanks for replies.
In Canada. Or payment owing on closing date will be as a bank draft. As long as my lawyer prepared all the documents (which he did) (I imagine his name'signature should be somewhere within the docs?? confirming all is well), then it should be no problem at all, they are professional people, I was just wondering. Certainly i'll be reading everything I sign, although sometimes you quickly glance through it since there are so many pages to sign. Thanks for replies.
No. It would be very, very, unusual for the lawyer's name or signature to be on the documents. In fact, I can't imagine a situation where that would be appropriate. If the lawyer is telling you the documents are ready to be signed then it means he/she has approved them and has no further comments.
I sold my house, closing date is aug 1, my lawyer's secretary phoned me and said lawyer is away for the week and asked me to come in tomorrow (july 30) to meet with her to sign the documents of the closing of my house for sale. Can a problem arise if the lawyer is not there when I sign for everything? I imagine the lawyer MUST sign the documents as well at a later day and give me a copy?
Does this happen often or at times that only the secretary is present at the signing, although she is also a "Real Estate Law Clerk". The buyers will also be issuing the payment in full on the closing date, unless she already has the certified cheque ready for me.
Does it just say WITNESS or is there HIS name under the signature line?
Is his secretary authorized to sign HIS name to execute documents?
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