Legal Question in Real Estate Law in Arizona

Do I need a lawyer to examine the documents on my home mortgage refinance closing in Arizona? (I didn't require one when I bought my home). Everyone says that Arizona's closings do not require attorneys because everything is boilerplate.


Asked on 10/05/10, 10:33 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

AZ residents, in general, do not use a lawyer when buying a house NOT because "everything is boilerplate," but because we use title companies to search the chain of title and the title company insures the buyers' ownership against claims. They also do not use lawyers because they do not think that the expense is justified because in many instances, the buyer and seller are using a standard form purchase contract provided by the association of realtors.

My experience tells me that most buyers and sellers of residential property do not understand the terms and conditions of their agreement, and often times, the transaction does not go as they assumed it would.

In this case, with a refinancing, I think it is very important that you have the benefit of legal advice and full knowledge of what the loan documents provide, so that you can be sure that you are indeed, getting what you think you are getting with the refi.

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Answered on 10/10/10, 1:33 pm


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