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Whalen Montalvo

Residential Real Estate Closing Attorney

Real Estate Legal Services in South Carolina

Purchasing or selling a home is one of the largest financial decisions you will make in your life. Choosing the right closing attorney to guide you through the process is an important decision. Instead of missing important details or making mistakes that must be corrected, choose a law firm that prides itself on doing things right the first time.

The attorneys at Whalen Montalvo are here to partner with you. Your Greenville, SC, residential real estate closing attorney will review all documents, guide you through the final stages before signing, and ensure you have everything you need for a smooth transfer of your property. Contact us to learn more about how we can help you.

Why Choose Whalen Montalvo as Your Residential Real Estate Closing Attorney

If you are looking for assistance in purchasing your dream home, selling your existing home or refinancing your current mortgage, Whalen Montalvo is the partner you need to make the process as smooth as possible. The attorneys at Whalen Montalvo are dedicated to providing an experience that is personal and filled with our firm’s guiding principles: Advocacy, Service, and Results.

We will work closely with your real estate agent, mortgage broker, and lender to ensure the closing is pain-free for all parties involved. In addition, we are ready and willing to assist and advise in the For Sale by Owner (FSBO) process if you decide it is the best method to buy or sell your home.

How Residential Real Estate Closings Work in South Carolina

There are a number of steps involved in selling or buying a residential property, but the one most people look forward to is the closing. This is when everything is finalized, the money is managed, and the keys are handed to the new owner. Two specific actions take place at a closing: the property title is transferred legally, and the mortgage lender receives their Deed of Trust.

The main purpose of a closing attorney is to carefully review every word of all documents to ensure there are no mistakes, omissions, or unexpected changes. You and your residential real estate closing lawyer will examine the contract of sale, inspection reports, proof of title search, home appraisal, and insurance documents.

At the appointed time, all parties involved in the transaction will gather at a closing attorney’s office. The attorney will verify everyone’s name and purpose in the process, view and record your identification (such as driver’s license or passport), and describe the documents as they are passed around for signing.  Once everything is completed, the process is over, and the new owner receives the keys.

Why You Need a Closing Attorney on Your Side

Typically, your real estate agent will recommend a law firm for you, but you have the right to choose your own lawyer. You must use an attorney for any property sale, and the state of South Carolina outlines the lawyer’s specific duties in the execution of a real estate transaction. The law is very complex and requires interpretation by an experienced legal professional with special training and years of practice.

Your attorney will perform many services for you, such as identifying any issues regarding the deed transfer and negotiating title insurance against adverse claims. They will also verify that any specific requests are honored and that the seller has addressed any problems with the property to the buyer’s satisfaction. Finally, they make sure there are no mistakes, such as an incorrectly spelled name or wrong sale amount.

Once real estate documents are signed and filed with the court, they become legally binding contracts. For example, if the sale price was accidentally entered as $100,000 more than the agreed price, the buyer would be responsible for the listed amount, even if it was a mistake. This is why working with an accomplished Greenville residential real estate closing lawyer can help you avoid costly errors and worries.

How We Can Help Your Greenville Residential Real Estate Closing Process

Buying or selling your home is an exciting undertaking that signifies a new chapter in your family’s life. However, legally closing the real estate transaction is complex, which can bring confusion and frustration. The attorneys at Whalen Montalvo understand the stress this process can create, which is why we focus on making it as clear and simple as possible.

It is important to us that you feel both confident and positive as you are going through the closing process and when you look back after the closing is complete. We offer legal representation and guidance on a number of real estate matters, including:

  • Deed Preparation
  • Home Equity Lines of Credit
  • Investor Closings
  • Mortgage Refinancing
  • Purchase or For Sale by Owner Contracts
  • Purchases
  • Sales
  • Title Searches.

The attorneys at Whalen Montalvo look forward to providing you with top-notch residential real estate legal services that will remove the stress and worry of buying or selling your home. A smooth, error-free closing is our number one goal so you can focus on enjoying the process and planning for your dream home.

Contact Us Today to Speak With a Skilled Residential Real Estate Closing Lawyer

Even though residential real estate closings happen every day, each one is unique and at risk for errors and oversights. To make sure this important day goes off without a hitch, you need a talented, ethical, and experienced Greenville residential real estate closing attorney by your side.

Eric Montalvo is a careful and patient negotiator, ensuring that every page is accurate and that all critical processes are completed. At Whalen Montalvo we understand how exciting your closing is, whether you are selling or buying, and we focus on making things run smoothly so you can enjoy the next chapter of your life. When you are ready to close on a property, contact us by phone at (864) 770-7710 or use our online form to learn more about how we can help.

Frequently Asked Questions About Residential Real Estate Closings

What Do I Need to Bring to My Greenville Residential Real Estate Closing?

Before the day comes, our attorneys will speak with you and ensure you know what to bring and where. The most critical items for sellers to bring are a valid government-issued photo ID (such as a driver’s license or passport), all keys to the property, garage openers, security codes, and anything else the new owner will need.  Buyers should bring their photo ID and proof of funds that have been wired or sent for the purchase.

When selling, everyone whose name is on the deed must be present with their ID unless they have signed over Power of Attorney to someone who will be at the closing.

How long will my real estate closing take?

Because we work so hard to ensure everything is correct before the closing day, we typically manage to finish a residential real estate closing within about 45 minutes to an hour. Each case is unique, and if the other party is missing information or someone is late, there could be delays. At Whalen Montalvo, we do our best to make each closing as efficient and quick as possible.

Do I have to use the attorney my realtor likes, or can I choose my own attorney for my closing?

You must use an attorney in South Carolina, but you can absolutely choose your own. Many realtors develop a relationship with a law office to make it easier when a client does not have a preferred attorney, but you should always do research to determine if they are best for you.

At Whalen Montalvo, we recommend making sure you choose an attorney who represents your interests alone rather than going with a firm that makes someone else happy.

The house I am selling is in my name only, and my spouse’s name is not on the deed or the financing. Do they need to attend the closing?

If the house is in one spouse’s name only, such as from before the marriage or inheritance, and they will not be a co-borrower on the mortgage, the other spouse does not need to attend. If they choose to be there for moral support, they are welcome, but there is no requirement for them to show up if they are not signing any documents.

As the seller, when can I expect to receive the money for my sale from the closing?

One of the important services a residential real estate attorney provides In South Carolina is the certification of all documents and funds for the sale. They will examine all disbursements, such as the taxes, any allowances from the seller, the realtor’s commission, and other expenditures. The attorney will verify the buyer has brought certified funds in the form of a bank or certified check, money order, wire transfer, or cash.

This is part of the closing process, as well as ensuring the documents are recorded at the County Register of Deeds. The attorney verifies all necessary papers are collected, and that there are no outstanding escrow items to be paid. When all this goes to plan, you will leave the closing table with a check for the proceeds of the sale.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.