Frequently Asked Questions
Please call us if you can't find the answer to your questions here.
We do not recommend adding your adult child to your title because the legal consequences are mostly negative. If the adult child has financial difficulties and their creditor brings a lawsuit, the judgment attaches to your property. You cannot sell the property without paying the child's debt in full. Another major reason is the tax consequence. I can't tell you how many times we've handled a real estate closing when an adult child is a co-seller, and we are obligated to issue a tax bill to the adult child because they did not reside at the property for the two-year tax exemption period. They had no clue that they'd pay a capital gains tax when they simply wanted to be on title to avoid probate when their parents passed away. If your goal is for your adult children to avoid probate court at your death, the better course is to create a trust. This will preserve your capital gains exemption while keeping the property out of probate at your death. It's also revocable. If you deed your property to your adult child, and you decide you want the property back, your child would have to sign a deed back to you. If the child refuses, you have no legal recourse because a deed is irrevocable.
We do not recommend an owner finance scenario. We've seen many instances of purchaser defaults which require the owner-financing seller to bring a full foreclosure action. A foreclosure action often takes more than a year, and you will continue paying your mortgage while your purchaser lives payment-free in your property. You cannot evict on a lease purchase or a bond for title. We have found a commonality with owner financing purchasers—most have bad credit or they would secure a loan with a lender. When you agree to owner finance, you assume all the risk that a lender would, and a bad credit purchaser has a higher probability of default. Unless a purchaser proffers a large down payment, think twice about owner financing.
South Carolina considers a real estate closing as the practice of law, which only an attorney can do. State v. Buyers Service Co., 357 S.E.2d 15 (S.C. 1986.). In South Carolina, any reputable mortgage lender will require that an attorney be selected to conduct the closing. Keep in mind that the actual closing represents only a fraction of what real estate attorneys do, as you can see from this PDF published by the SC Judicial Branch.
Yes, you can. South Carolina is an attorney preference state, and if you're purchasing a property or refinancing a loan, you have the authority to select the closing attorney. Don't allow any party involved to insist that you must use a particular attorney for the closing process. Always bear in mind that the closing is about YOUR interests, not someone else who won't be residing in your home or paying your mortgage. Choose a lawyer who will genuinely represent YOU.
BUYERS
- Funds to close (certified check)
- “Government-issued” photo identification (driver's license or passport)
- Everyone who will be on the title to the property needs to be present
SELLERS
- “Government-issued” photo identification (driver's license or passport)
- Keys, remotes and any other items that need to be given to the buyer
- Funds to close, if applicable (certified check)
If your spouse is or will be on the title, he/she needs to attend. Anyone who is an owner of the property should be present at closing.
Borrowers and sellers are required to provide a government-issued photo ID (driver's license or passport) to the closing attorney. If your license is lost or expired, go to the SC DMV to obtain an updated license.
In South Carolina, closing attorneys can only accept funds for closing in the form of either (1) a cashier’s check or (2) a wire transfer. Please contact our office at (864) 233-7170 if you need wiring instructions.
If you're financing the purchase, the lender will provide the exact amount required at closing. If you're not using a lender, we'll notify you of the total amount to bring on the day before your closing.
While no two closings are alike, most closings at our office take anywhere from 30 minutes to an hour.
Mortgage payments are made in arrears, which means that your monthly payment is for the preceding month.
Your payoff amount includes the principal balance shown on your loan statement, plus any accrued daily interest accumulated during the month when the closing takes place. Additionally, we factor in two extra business days' worth of interest after closing to allow ample processing time for your lender and guarantee that no extra interest is due beyond the closing date. If any excess interest is inadvertently paid, it will be promptly refunded to you by the lender.
The funds held in your escrow account belong to you! As soon as your lender receives and processes the payoff, they will issue a check for the current balance in your escrow account.
The closing attorney has the authority to disburse funds during the closing of a sold property. However, if you are refinancing or obtaining a Home Equity Line of Credit (HELOC) on your primary residence, there is a 3-day "right of rescission" period. During this time, funds will not be disbursed until three (3) business days after the signing of the closing documents.
Title insurance is an insurance policy that protects your property ownership rights. It involves a one-time payment made during the closing process and offers protection against potential financial loss in case of any challenges or claims to your ownership rights. Also, the policy covers any legal expenses required to defend your title in court if such a situation arises.
Despite a comprehensive title examination conducted by a skilled attorney, absolute certainty that no title hazards exist cannot be 100% guaranteed. Potential issues like errors in recorded legal documents, forged papers, impersonation of property owners and other factors may lead to future problems. Addressing title claims usually involves lengthy and costly legal processes. However, your title insurance policy will cover your legal expenses, help resolve title issues, or provide compensation for covered losses if a claim arises challenging your property ownership.
A survey is an certified map of your property prepared by a licensed surveyor. This document precisely outlines the boundaries of your property, the exact positioning of the house and any other structures on the land, and the presence and location of any easements. We strongly advise getting a survey if you're buying a home, because it is the most reliable method to know precisely what you are acquiring.
