Refinancing your mortgage on your primary residence or vacation home can be a great way to obtain a lower interest rate, lower your payments, shorten your payment schedule or borrow additional funds for your property. The process of refinancing a mortgage can be almost as complex as the process of transferring title and closing a purchase. Lenders are notorious for making the numerous terms and conditions in loan packages difficult for the inexperienced consumer to understand.
Lenders require the involvement of a title company to research the title to the property and to ensure that the loan applicant is the legal owner of the property. Title to the property is also examined to identify what title defects (e.g. existing liens and encumbrances, etc.), if any, are present or have occurred since the issuance of the original mortgage. Typically, a title company will perform the duties of title research, document preparation, closing agent, and communication liaison for the property owner, lender, attorneys, government officials, surveyors, etc. Once the title defects have been resolved, the title company’s closing agent prepares the settlement statement that lists all debits and credits in the loan transaction and all other refinancing documents (e.g. the note and mortgage) to be signed by the borrower(s) at the closing. Upon execution of the refinancing documents by the borrower(s), the title company’s closing agent disburses funds, if any, and sends the applicable refinance documents for recording. After the closing, the title company might provide the lender with another title search, abstract or a final title insurance policy to verify the lender’s new mortgage lien on the property.
Many consumers are unaware that Florida law provides that borrowers have the right to retain their own attorney and choose their own title company and/or closing agent to handle the refinance transaction.
Why allow a lender’s attorney or title company to perform such important matters such as examination of title and lien searches? By choosing the Law Offices of Jarrett R. Williams, P.A. to be your attorney and/or title company, you will have a trusted, experienced staff to help you navigate through this difficult and complicated process.
Call the Law Offices of Jarrett R. Williams, P.A. today to have our attention to detail and real estate transactional and litigation experience provide you with the insight to achieve solutions to your most complex real estate matters.
“Detail. Insight. Solutions.”