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By Rochford Law Posted on April 14, 2022 at 11:07 AM

Benefits of Title Insurance And How To Use It

Can you imagine moving into your new home, or purchasing a rental property, only to find out that someone else owns the property, too? If it wasn’t for title insurance, this might be a common occurrence! Title insurance is a good investment because of this simple fact: Property ownership disputes, both valid and not, can arise at any time – before and after a sale is complete. 

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By Rochford Law Posted on April 4, 2022 at 3:46 PM

Does My Spouse Need to be Present for the Real Estate Closing?

The beauty of a modern-day real estate closing is the flexibility – that is, if everything is in order. Just as a closing date is not hard and fast, not everyone involved in the sale needs to be present if the appropriate documents and plans are already in-place.

Because of these nuances, our closing attorneys at Rochford Law & Real Estate Title are commonly asked: Does my spouse need to be present for the real estate closing?

The answer is yes, and also no. The answer depends entirely on your situation.

Here are a few scenarios to help you determine whether or not your spouse needs to be present during a real estate closing, and how to plan accordingly so that everything goes smoothly.
  • Neither of You Has to Be Present
  • Cases Where You Need Your Spouse’s Consent
  • You, or Your Lawyer, Are Your Spouse’s Power of Attorney
  • When You Are Closing Remotely

Contact our team at Rochford Law & Real Estate Title to handle your real estate transaction in Nashville or Middle Tennessee!

Neither of You Has to be Present

Technically, whether you are buying or selling, neither you nor your spouse has to attend a real estate closing in-person.* Regardless of the reason – whether it be health or unavailability – the sale is not contingent on your or your spouse’s ability to be physically present.

This is because you can hire a closing attorney to handle all the paperwork and financial transactions. For sellers, especially, this is a convenient option since there is usually less paperwork (due to no loans or mortgages), and you can make an appointment with a mobile notary to verify your signatures.

If you do hire an attorney or title agent to handle the sale, you will need to provide them with both you and your spouse’s information. Specifically, you will need to provide copies of two forms of government-issued ID (driver’s license, voter registration, passport, social security card).

*It is worth noting that attending a real estate closing in-person can help avoid any complications that do come up and that could delay the closing.

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By Rochford Law Posted on March 15, 2022 at 5:01 PM

How a Real Estate Law & Title Company Will Affect Your Real Estate Transaction

When it comes to your current real estate transaction or investment, you’re going to want to have all of your bases covered. From dealing with people such as inspectors, realtors, or maybe even a for sale by owner, tackling the necessary paperwork and keeping up with important legal documents can be challenging. On top of that, understanding any issues regarding the title of your property can make or break your closing transaction. With the help of a real estate law and title attorney, you can close on your property seamlessly.

Real estate law and title companies can provide buyers and sellers with the protection they need when it comes to the legal jargon and paperwork required of your transaction. In addition to facilitating the transaction, a title company protects lenders.

Here are some of the roles and responsibilities of a real estate title company:

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Topics: Real Estate, Real Estate Law, Real Estate Title

By Rochford Law Posted on March 9, 2022 at 4:44 PM

Who Needs to be Present at Your Residential Closing?

Whether you’re dealing with difficult real estate negotiations that you’re eager to be done with, or you’re trying to stay as COVID-19 friendly as possible, your real estate closing process might look a bit different.

Whatever the case may be, you might be wondering who needs to be present the day of your closing. No need to fear. Here at Rochford Law & Real Estate Title, we’ve compiled a list of everything you need to know to be fully prepared for your closing. With the right real estate attorney on your side, you can rest assured that your closing process will go as smoothly as possible.

Here’s what you need to know about your residential closing process:

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Topics: Real Estate Closing, Closing Process

By Rochford Law Posted on February 23, 2022 at 2:56 PM

Understanding Landlocked Properties When Purchasing Real Estate

Whether you’ve found the perfect piece of land for your future home, or you’ve found vacant lot behind an existing complex that would be perfect for your new restaurant — if you cannot access a road to get to your property, you’re going to be in a bit of trouble. Even if you’re able to access the property through a neighbor's yard, driveway or other access point, if it’s not connected to your lot of land, that property will be classified as landlocked.

If you still want to purchase a landlocked piece of property, you’re going to need the right legal assistance. From building an access road to negotiating an easement with your neighbors, a real estate attorney can help you take the best course of action when dealing with a landlocked property. To learn more about purchasing a landlocked property, read on.

Here’s what you need to know:

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Topics: Real Estate Law, Purchase and Sales Agreement

By Rochford Law Posted on February 23, 2022 at 2:19 PM

Better Understand Horizontal Property Regimes

Tennessee's Nashville neighborhoods are witnessing an increase in dual homes on one parcel of land as the city becomes more densely populated. Particularly in Nashville, horizontal property regimes (HPRs) have become more popular.

Whether you’re new to the area or a native who’s witnessed the drastic change in dual home properties around town, you’ll find that there are many examples of new homes being built on lots that only housed one home prior. In light of the new home construction trend spike, knowing what an HPR is, how to establish one and how they impact neighborhoods may be important to you during a future property transaction. Rochford Law & Real Estate Title has compiled a list of what you need to understand about horizontal property regimes.

Here’s what you need to know:

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Topics: Horizontal Property Regime

By Rochford Law Posted on January 26, 2022 at 9:09 AM

How Does Cyber Security Affect Your Real Estate Purchase?

Over the past decade, industries of all sorts have begun to tackle the increasing percentage of cybercrime attacks online. With that in mind, the Real Estate Industry is no stranger to such attacks. Home to important property information, custom banking, and even basic transactions involving large sums of money, the real estate industry is often more readily exposed to said malware.

As real estate companies, agents and even FSBO individuals often work online with housing listings and hosted real estate systems, you’re going to want to better understand the most frequent types of real estate cybercrime, as well as the proper solutions to avoid data theft.

Here are some of the ways cyber security can affect your real estate transaction, and how a title & closing company can mitigate these risks:

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Topics: real estate purchase, cyber security

By Rochford Law Posted on January 15, 2022 at 9:04 AM

Best Practices in the Title Industry

The Real Estate Title Industry is vast and proactive in terms of protecting you and your best interests throughout your property transaction. Rochford Law & Real Estate Title provides professional legal and title services in Nashville, TN, upholding the concepts of integrity, character, honesty and reliability in all of our relationships.

As Nashville, Tennessee is currently experiencing a housing boom, making use of a real estate professional is a great way to maximize the return on your property. However, a quality, reliable Real Estate & Title Company should follow a few general guidelines to ensure the success of your transaction. To learn more about the best practices in the Title Industry, read on.

Here’s what you need to know:

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Topics: Real Estate Title, Title

By Rochford Law Posted on December 30, 2021 at 3:21 PM

Home Closings 101

In nearly every residential closing, you'll face various contractual delays. From property appraisals to purchase agreements, you'll want to understand everything about the closing process. In order to accomplish a successful real estate transaction, many factors must work together in harmony. 

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Topics: Real Estate Closing, Purchase and Sales Agreement, Closing Process

By Rochford Law Posted on December 30, 2021 at 3:17 PM

Unique Considerations in Buying Land Lots

If you’ve recently decided it’s time to build your own home, then you’ll have quite a few things to consider before buying your own plot of land. Buying a lot of land may seem simpler than purchasing a move-in-ready house, however that is realistically not the case. From location to zoning and boundary restrictions, land accessibility and more, you won’t want to tackle all the heavy lifting by yourself. 

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Topics: Deed, buying land

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