Alexander W. Tighe
Attorney At Law
12 Old Boston Post Road
Old Saybrook, Connecticut
06475
(860) 388-0049
Fax: (860) 388-9605
When representing a client in a residential refinance, we typically render the following services:
(1) We will review the mortgage
commitment and advise you of any issues that may arise from it;
(2) We will coordinate the closing
with you and the your mortgage lender including a second appointment
after the expiration of the rescission period;
(3) We will arrange to obtain a
payoff figure and release(s) of your current mortgage(s) on the
property. Please provide us with the name(s) of your current
mortgage or home equity loan/line holders and the loan numbers.
Certain lenders require written authorization from the borrower(s) to
release this information to an attorney's office. Such an
authorization is enclosed for your signature. Under certain
circumstances, there are civil penalties associated with the lender's
failure to provide a release of mortgage in a timely manner. An
action to recover these penalties on your behalf is outside the scope
of the closing services defined herein. If it becomes necessary
to seek such penalties from your mortgage lender for failure to provide
the release in a timely manner, we will enter into a separate fee
arrangement with you.
(4) We will arrange for a title
search or title update of the property and obtain such title insurance
policies as may be required or requested. Undoubtedly, your
lender will require a mortgagee's title insurance policy. If you
don't already have an owner's title insurance policy, we would strongly
advise you to obtain one which can be purchased for a reduced
additional premium. If you would prefer us to use a specific
title insurer, please let us know. If you have an existing title
insurance policy in effect, it may be possible to obtain a significant
discount on the title insurance premium. Please call us to
discuss this in greater detail. If we issue a title insurance
policy, we will receive a commission from the title insurance premium
which compensates us for the work we perform for the title
company. The portion we receive will in no way increase the
insurance premium charged to you. Both the title insurance
premium and the amount we retain are subject to strict regulation by
the Connecticut Department of Insurance.
(5) We will prepare the mortgage
documents and work with the lender to satisfy any other closing
requirements. We will explain to you the legal significance of
all documents.
(6) We will prepare the closing
statement and the adjustments and review all figures with you prior to
closing. We will make a full accounting of all funds used
in the transaction.
(7) We will attend the closing as
your representative, and record all appropriate documents as soon as
possible after the closing.
Our fee does not include out of
pocket expenses such as title search costs, recording fees, title
insurance premiums, overnight mail or other costs and expenses
associated with the closing. If for some reason you do not
close on the refinance, you will be required to pay all expenses
incurred on your behalf (plus a reasonable fee for services that we
have rendered.) If there is a second mortgage, i.e. home equity loan,
at the time of the refinance, there may be an additional charge for the
preparation of loan documentation and closing coordination. There will
also be a $35.00 release tracking fee, payable to an outside vendor,
for each release required to be filed on the land records.
The examination of title generally will not reveal
any building, driveway, or fence encroachments, or the location of
sidewalks, boundary lines, zoning setback violations, or easements
which can only be determined by an accurate current survey of the
property. If you wish to have this work done, you must contact a
licensed Connecticut Land Surveyor. We would be glad to assist
you should you desire. Further, the examination of title will not
reveal any violation or zoning, subdivision, wetlands, building or
housing code rules, regulations or ordinances. Under normal
circumstances a title search won't be performed until you receive your
mortgage commitment. If you wish a title search sooner, please
let us know.
The
lender will require a policy of title insurance be issued at the time
of closing. The premium you will be charged is set by statute and
determined by the amount of your mortgage. You may be eligible
for a reduced rate premium for the title insurance policy under certain
conditions. Please read the Notice of Availability of Refinance
Rate for Reduced Title Insurance Premium, which is a part of this
letter. You must provide us with the name of the title insurance
company that has issued a policy on your property.
PLEASE NOTE THAT AT THE TIME OF CLOSING, YOU WILL BE
REQUIRED TO BRING A CERTIFIED CHECK OR BANK CHECK FOR THE NET BALANCE
DUE, IF APPLICABLE. On the other hand, if you will be
receiving funds at the conclusion of the closing, we will issue this
firm's client's funds check in the amount of the net proceeds payable
to you. If you require any different arrangements, such as
multiple checks, wire transfers, certified funds, or bank teller's
checks, it is important that you let me know at least two business days
prior to closing so that we can make appropriate arrangements.
Any bank costs or charges associated with this will be deducted from
the net proceeds