Mmga414, Home Buyer in Paramus, NJ

Does an attorney need to be present at a house closing for a seller? She says she will send the check and documents by mail to the seller.

Asked by Mmga414, Paramus, NJ Mon Jan 7, 2013

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Howie Sandak, Home Buyer, Alta Vista P.u.d., Austin, TX
Wed Nov 13, 2013
I have been told that if the seller does not want to appear in person, you have to file a "power of attorney" and file it... total cost of that is $400.00... New York
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Mary Petti, Agent, Edison, NJ
Thu Jan 10, 2013
Not necessarily.

I have had several closings where neither the sellers nor their attorney are present. The sellers or their attorney on the sellers behalf, just pre-signed their papers. Sometimes there was a para-legal there, sometimes someone from the title company.

Since closings usually occur at the buyers attorney office 9 times out of 10, because there are many papers to sign including the ortgage documents, as long as YOUR attorney is OK with the pre-signing of documents that's fine,

However, the sellers attorney would send the paperwork to the BUYERS attorney, not the sellers to bring to closing.

Speak to your attorney to make sure everything is OK and being done properly if the sellers will have no representation at the closing.
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Jeanne Feeni…, Agent, Basking Ridge, NJ
Mon Jan 7, 2013
Closing most often takes place in buyers' attorney's office - the buyer has the bulk of the paperwork to sign and most is related to the mortgage. But the important passage of title involves both parties. The seller can presign and it is not uncommon for sellers not to be present at closing, but I would find it unusual for the seller's attorney not to make an appearance.

Jeanne Feenick
Unwavering Commitment to Service, Unsurpassed Results
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Kathy Mittel…, Agent, Hixson, TN
Mon Jan 7, 2013
When I worked as a Realtor in Connecticut and we used attorneys for all our transactions, the closings were often at the attorney's office so I feel that the attorney should be present to represent you the client.
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Barbara Ostr…, Agent, Closter, NJ
Mon Jan 7, 2013
The attorney has to send the documents to the other of them needs to be present, or at least a rep from the title company or a closing agent.
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Edith Karoli…, Agent, Winnetka, IL
Mon Jan 7, 2013
I am not sure I understand 100 % your question. It is not necessary for the Seller to be at the closing, if all paperwork the Seller needs to prepare and sign are done ahead of time by his/her attorney.
If the seller is not at the closing, should his or her attorney be at the closing, my recommendation is
YES, if all goes smoothly and there are not changes to be made and the money due the Seller is all
coming in as need be, fine, but what if there are discrepancies, or other decisions to have to be made by either side or both of the attorneys on behalf of their clients....

I am not practicing in New Jersey and therefore I am not sure what the law or the rules in New Jersey indicate. But if I were the Seller and I pay the attorney, I would want my attorney to be at the closing table with all docs to make sure all is proper.

I have done many closings with the sellers not being at the table, but their Attorney would always be
there and usually also their Realtor if their property was listed with a Realtor.

Good Luck to you

Sincerely yours,
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Andrew Tisel…, Agent, clifton, NJ
Mon Jan 7, 2013
yes closings can be done by mail. I have done many closings by mail personally and professionally.
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