Q. Does an attorney need to be used to close when you buy a house "subject-to"? If so, can you explain why? We have followed the steps in Lou's materials to get the paperwork in line, and we didn't see the need to have a formal "closing" with an attorney...aside from getting a title search and
title insurance. Also, when obtaining title insurance (NC is an attorney state) how much information do we tell / not tell about how we are purchasing the property? Does it matter? Will they ask?
A. We recommend that you use and attorney or closing agent but you can do a closing on your own if you have been trained through Street Smart. Lou's paperwork covers all the details. However, closing in an attorney's office is usually more legitimate to the seller than closing in a Waffle House
In theory, you should be able to do the closing yourself and then get an attorney or closing agent to provide title insurance. We have heard reports recently that some attorneys will not perform the title search or write a title insurance policy if they do not do the closing. Especially if they do not
understand trusts or subject to transactions. In those situations we recommend going straight to the tilte insurance companies to get a policy