Discover The Importance of a Real Estate Lawyer

Introduction

Mortgage refinancing can be a stressful process due to legal complexities, varying market conditions and large amounts of paperwork. Inconsistent market conditions can raise concerns and uncertainty which is why the guidance of a real estate lawyer is essential. A lawyer can provide clarity and security to help relieve your concerns. This article highlights the significant contributions of real estate lawyers in ensuring a smooth and secure mortgage refinancing experience.

What does a Real Estate Lawyer Do?

Expert Guidance on Legal Documents: A real estate lawyer can help navigate through the complex legal documents that are required to refinance and ensure that you understand your rights and obligations under the new mortgage terms. 

Some Documents a lawyer assists with include:

• • • Loan Agreements
    • Mortgage Contracts
    • Title Documents
    • Property Surveys
    • Insurance Policies
    • Discharge of Mortgage
    • Legal Notices
    • Closing Documents

Verification of Terms: Refinance documents are legally binding, which is why it’s important to have a lawyer look over the agreed terms to make sure all parties understand the agreement. They can also compare the new terms to the old ones in order to ensure that you are getting the best deal possible. 

Some terms that you would want a lawyer to look over include:

• • • Interest Rates
    • Loan Amount
    • Loan Terms
    • Monthly Payments
    • Exit Strategies
    • Amortization Period

Protection from Scams: Because Refinancing is a lengthy process with numerous financial transactions, it tends to attract scammers and fraudulent lenders. A lawyer can help detect and warn you about possible scams. 

Common scams include:

• • • Equity Stripping: This involves a lender suggesting you to borrow beyond your means and use your personal assets as collateral. They will then attempt to take the excess funds or equity in your home, which results in you having a larger loan with practically no equity.
    • Phishing: A scammer may pose as a legitimate mortgage lender and offer to refinance your mortgage. They will then trick you into giving personal or financial information through fake websites, emails and phone calls that they can use to commit identity fraud.
    • Foreclosure Rescue: Homeowners who are struggling to make payments and at risk of foreclosure may be likely targets for this tactic. Scammers will often charge various upfront fees and in extreme scenarios will tell you to transfer the title of your home leaving you in a far worse position than before.
    • Scare Tactics: Fraudulent Lenders may use high-pressure sales tactics and misinformation to scare you into hastily borrowing money without reviewing the terms and consequences of the agreement, leaving you high and dry to face the penalties by yourself.

These are just a few common scams that target those looking to refinance, if you are concerned that you might be a victim, research and consulting with a lawyer is the best course of action to ensure you don’t agree to shady terms.

Clarification of Refinancing Goals: A real estate lawyer can assess your financial goals and formulate strategies to make sure that your decisions align with your best interests. They can also help map out a refinance timeline so you understand what to do every step of the way.

Paperwork Management: A real estate lawyer can manage the burden of paperwork by accurately completing and managing forms which streamlines the process significantly. 

Fee Transparency: Real estate lawyers can offer guidance and full transparency on fees that come with refinancing such as Application fees, Origination Costs, Appraisal Fees and Closing Costs just to name a few. 

Issue Identification and Resolution: By identifying potential issues such as fluctuating market conditions and the long-term financial impact, it helps paint a bigger picture on the impact refinancing will have on your future. 

What Can A Real Estate Lawyer Do?

A real estate lawyer is more than transactional support. They are your best friend through this process, advocating to protect your financial and legal interests throughout the process by making sure you understand what you’re agreeing to every step of the way. While not mandatory, hiring a real estate lawyer when refinancing can be an indispensable asset, offering significant benefits ranging from legal protection to financial guidance. They play an essential role for homeowners looking to navigate their mortgage refinance with confidence and security. 

For more information about Mortgage Refinance, please visit our other article about Mortgage Refinance, call (647) 350-1250, or email [email protected].