Legal Question in Real Estate Law in New Jersey
Refinancing
I want to refinance the loan on my home. I'm ready to sign the papers...do I need an attorney present to oversee this transaction. The closing is being handled by a notary from the title company?
1 Answer from Attorneys
Re: Refinancing
As long as there are no disputes over the closing costs and other charges, an attorney is not necessary for a refinancing. He, like I, would just oversee the proper signing of the documents, that all terms and conditions were as represented to you in the commitment and that all documents, including the payoff of the old loan, were properly processed. If there are no disputes between the commitment and the closing papers, the title company representative (notary) can do this. The notary cannot represent you if there are differences between the papers you sign and the commitment.