Maine Nesties
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Real Estate Lawyer

Is it really necessary to hire a lawyer when buying a house in the Old Town area north of Bangor?  My father (from New York) tells me it is, I am a cheep stubborn Yankee and think it's foolish.  But I'm open to ideas and reason.  
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Re: Real Estate Lawyer

  • We didn't hire one - however i think the seller of the house we bought had one.  We asked our Real Estate Agent if we needed one and she said no.
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  • We always have one. Deeds etc. are always a pain, especially depending on the age of the house etc. The seller's typically never have one though, from what we've seen.
  • I believe it's required to have a lawyer in New York for real estate transactions.  It is not required in Maine.  I did not use an attorney.  I would still recommend buying owner's title insurance.

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  • imageMainelyFoolish:
     I did not use an attorney.  I would still recommend buying owner's title insurance.

     

    Ditto this- title insurance is ultra important! 

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  • I also think that in some states it is required to have a RE lawyer, it's not in Maine.

    We just had an REA, a bank, a title company, and an inspector. We also bought title insurance, which protects you if the title company missed something.

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  • We didn't have one when we bought our house. In Maine the title company also acts as the closing agent. In NY the title company and closing agent are separate, I believe. I used to work at a title company in Maine and we had several attorneys working for us. I remember they always handled deeds and other important lawyer stuff. So I think if anything came up where you needed an attorney in the process, you could probably have access to one at the title company.
  • I didn't know title companies even existed, I thought the state managed records of titles.  How do title companies work, and title insurance?
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  • Unless you specify a preference, your mortgage company will pick a title company to use.  They research the title history for the property to make sure there are no unknown liens or other issues which would bring into question the ownership of the property.  No mortgage company will let you buy a property without a clean title. 

    Title insurance comes in two parts - lender's insurance and owner's insurance.  Your lender will require that you purchase a lender's policy.  The owner's policy is optional but I would absolutely purchase it.  The lender's policy only protects their interest in the property; the owner's policy protects your interest in the property.  It's rare, but if there was a big oversight or fraud you could potentially lose your house if the title wasn't transferred properly at some point in the past.  Your title insurance would provide legal defense against claims on your property. 

    Before you get too far in the home buying process, I'd recommend reading a book on the process.  There is a lot to learn!  Nolo's Essential Guide to Buying your First Home looks to be a good choice. 

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  • That was very helpful, thanks!  I'll look into the book, maybe they have it at the library.  
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  • It?s good to hire a business attorney when you?re signing any deed/contract. It safeguards your interests. You may think it?s a lot of money to spend now, but it may save you a huge amount later on, if problems were to arise. It?s a small amount to pay for peace of mind!
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