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Real Estate Closings for Paralegals
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COURSE CATEGORIESA View From The BenchAnimal LawBankruptcy LawBusiness LawCannabis LawConstruction LawCriminal LawCybersecurity LawEducation LawEmployment LawEntertainment Law
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REAL ESTATE CLOSINGS FOR PARALEGALS
By: John Collen*
Sponsored By: LawPracticeCLE
THIS PRESENTATION IS NOT LEGAL ADVICE
* John Collen is a partner at SmithAmundsen LLC, where his practice focuses on insolvency, restructuring and debtor/creditor matters. He is an adjunct professor in Bankruptcy LLM Program at St. John’s University Law School in New York, and fellow of the American College of Bankruptcy.
He has been named an Illinois Super Lawyer every year since 2007. He may be reached at [email protected] or (312) 455-3901.
A. Closing Goals
B. The Concept of an “Escrow Closing”
C. The Role of the Paralegal and Two Major Practice Tips
I. INTRODUCTION
A. Overview
B. Another Practice Tip
II. A BASIC LIST OF CLOSING
DOCUMENTS
1. Sale Contract
2. Escrow Instructions
3. Deed (and Reconveyance Deed)
4. Settlement Statement (Closing Statement)
5. Title Policy (and Gap Undertakings)
C. Some Key Documents
6. Mortgagee’s (Lender’s) Title Policy
7. Mortgage & Note
8. Payoff Letter for Existing Lender
9. UCC Termination Statements for Existing Lender (or, rarely, Assignments)
10. Fixture Filings
C. Key Documents (cont’d)
11. UCC Financing Statements
12. Release of Fixture Filings (or, rarely, Assignments)
13. Release of Mortgage(s) for Existing Lender(s) (or, rarely, Assignment)
14. Lease Assignments with Lessee Acknowledgements (or Novations)
C. Some Key Documents (cont’d)
15. Lending Disclosures
16. RESPA (Residential Transactions)
17. Corporate Authorizations
18. Corporate Certificates of Good Standing and Authorization to Transact Business
19. Opinion Letters
C. Some Key Documents (cont’d)
20. Surveys
21. FIRPTA Affidavit
22. Owner’s Affidavit
C. Some Key Documents (cont’d)
Case No. 1:The Easement No One Read
Case No. 2:The Seller With No Authority
III. TWO CAUTIONARY TALES
A. Introduction
B. The Requirement of Competence
C. Know Who the Client Is
D. Have Radar for Conflicts
E. Maintain Confidentiality
F. Communicate Early and Often
IV. ETHICS
V. CONCLUSION
