Questions to Ask Closing Attorney
Questions for the attorney handling your real estate closing: who they represent, what the title search found, how funds and prorations are handled, and what the documents commit you to. For buyers and sellers preparing for the signing appointment.
The questions
Open any question for the note
Who do you represent in this closing, me or the lender?
Why ask it
In many states the attorney running the closing is retained by the lender or the title company, not the buyer, which means nobody at the table is watching only your side. A straight answer tells you whether you need your own counsel.
What does your fee cover, and what will show up as a separate line on the settlement statement?
Why ask it
Attorneys often quote a flat fee for the signing while recording, courier, title search, and wire fees are billed on top. Asking now lets you compare the quote against the final statement instead of finding the gap at the table.
When will I get the settlement statement, and how long will I have to read it?
Why ask it
Federal rules give a mortgage buyer three business days with the Closing Disclosure, but sellers and cash buyers have no such protection. An attorney who says the numbers arrive the morning of closing is telling you there will be no time to catch an error.
Which of the documents I sign will still bind me after closing day?
Why ask it
Most of the stack transfers title and ends there, but the note, an occupancy affidavit, and a correction agreement follow you for years. Hearing which ones outlive the closing tells you where to slow down and read.
What did the title search turn up?
Why ask it
This is left open on purpose. A useful answer walks through the chain of title, what has been cleared, and what is still pending; an answer of nothing to worry about usually means the commitment has not been read line by line.
Are there liens, judgments, or unpaid taxes on this property that have to be cleared before we close?
Why ask it
Contractor liens, old second mortgages, and unpaid municipal water bills can survive a sale unless someone pays them off at closing. You want to hear who is paying, out of which funds, and whether the payoff figure is confirmed in writing.
What does the title commitment list as exceptions, and can any of them be removed?
Why ask it
Exceptions are the items the insurer refuses to cover, so they are the real risk list. Some, such as the standard survey exception, can be deleted for a modest premium if you ask before the policy issues.
Do I need an owner's title policy, and what would it pay out for?
Why ask it
The lender's policy protects the loan balance, not your equity, and buyers routinely assume one covers both. A clear answer separates the two and names the kind of claim, a forged deed or an unknown heir, that the owner's policy handles.
What kind of deed is the seller giving me, and what does it warrant?
Why ask it
A general warranty deed backs the whole chain of title, a special warranty covers only the seller's years of ownership, and a quitclaim promises nothing. If the contract calls for one and the closing package holds another, now is when to catch it.
Does the legal description match the survey, and is there a current survey on file?
Why ask it
Legal descriptions get copied forward for decades and collect errors, and fences seldom sit exactly where deeds say they do. An attorney who has not compared the two is trusting that the last owner's paperwork was right.
What easements or recorded restrictions run with this property?
Why ask it
Utility easements, shared driveways, and subdivision covenants limit what you can build and where you can park. All of it is recorded and knowable, so a vague answer means the recorded documents have not been pulled.
How are property taxes, HOA dues, and utilities being prorated between me and the seller?
Why ask it
Proration practice varies by county, and whether taxes are billed in arrears can shift thousands of dollars. Ask for the arithmetic rather than the total, so you can check the day count and the tax year used.
What HOA or condo documents will I receive, and how long do I have to raise an objection?
Why ask it
Several states give buyers a defined review window on the resale certificate, budget, and minutes, and the clock starts when they are delivered. If those documents appear at the signing table, that review right has effectively been spent.
How will my closing funds be held, and how do I confirm the wire instructions are genuine?
Why ask it
Wire fraud in real estate works by emailing altered instructions late in the process, and sent money is rarely recovered. A good answer includes a number you call independently to verify and a policy of never accepting changed instructions by email.
What is the exact amount I need to bring, and when will that figure be final?
Why ask it
Cash to close keeps moving until the end as payoffs, per diem interest, and prorations settle. You want the number and also the last moment it can change, so your funds clear in time.
Can we close remotely, and does this state allow a fully electronic signing?
Why ask it
Remote online notarization is permitted in some states and not others, and some lenders decline it even where it is legal. Asking early avoids a scramble to be physically present on a work day.
What happens if the final walkthrough turns up a problem on closing day?
Why ask it
The workable options are an escrow holdback, a credit, or a short delay, and each has to be documented before funds release. Someone who has handled it will describe the mechanism instead of saying it usually works itself out.
If the closing has to be pushed, who carries the cost and how does the contract get extended?
Why ask it
Rate locks expire, sellers charge per diem, and movers are already booked. Knowing the extension mechanism and who signs it keeps a two day delay from turning into a default.
When does the deed get recorded, and when will I have the recorded copies?
Why ask it
Recording is what makes your ownership public, and it can trail the signing by days or weeks depending on the county. Ask how you will be told it is done, because the gap between funding and recording is where problems hide.
If something surfaces months from now, an unpaid bill or a boundary question, who do I call?
Why ask it
Closing attorneys differ on whether post closing questions are included, billed hourly, or handed to the title insurer. Settling it now saves you guessing who owns the problem when it appears.
Working with a closing attorney
Practical guidance for the conversation itself
Before the signing appointment
- Ask for the title commitment and the settlement statement in advance and in writing. Reading them cold at the table is how errors get signed.
- Compare the fee quote you were given against the settlement statement line by line. Recording fees and transfer taxes are set by the county; attorney and title service charges are not.
- Verify wire instructions by phone using a number you looked up yourself, and treat any emailed change of instructions as fraud until you have confirmed it by voice.
- Bring the purchase contract. Most closing day disputes are settled by reading what the contract already says.
Where buyers most often lose money
- Skipping the owner's title policy because a lender's policy already appears on the statement. They cover different things.
- Accepting a proration figure without checking the tax year and day count behind it.
- Signing an occupancy affidavit or correction agreement unread, since both create obligations that outlast the closing.
- Letting the HOA document review window lapse because the documents arrived late.
If the attorney is not yours
In much of the country the closing attorney is engaged by the lender or the title company and cannot advise you. That is not misconduct, but it changes what you can expect from the answers. If the reply to the first question is anyone other than you, decide whether the transaction is complicated enough, an inherited property, a boundary question, a short sale, an unusual deed, to justify hiring your own attorney for a few hours of review.
Reading the answers
- Specific and boring is good. Dates, dollar figures, statute references, and county practice all suggest the file has actually been worked.
- Reassurance with no detail is the warning sign, especially on title exceptions and payoff amounts.
- Pressure to sign quickly, or to accept figures you have not seen, is a reason to pause the closing rather than hurry through it.