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4 years 3 months ago

Congratulations, you are almost the owner of a new home! It is an exciting time, and it is important to celebrate every step of the real estate buying process. 

Before you can move into your new home, there are a few critical steps to complete. As a buyer, it is essential to check off every requirement to avoid issues and delays at closing.

Buying a home is often the largest purchase a person makes in their life. Before signing any paperwork, you must review and understand the documents. A real estate lawyer is beneficial in explaining the complicated legal documents and inspecting the contracts. To assist with the buying process, Wisconsin real estate lawyer, Shannon Wynn, created this buying guide and buyer’s checklist to help new home buyers. This helpful guide will review the closing timeline, answer common questions, and provide a closing checklist for real estate buyers. 

house sale closing handshakeReal Estate Closing Timeline for Buyers

Buying a home is generally a long, complicated process with many steps and procedural formalities. The Offer to Purchase begins the process and includes the price the buyer will pay for the property, the closing date, contingencies that must be met, and other important terms and conditions for the transaction. Once an offer is accepted, it is time to prepare for closing. The purchasing process usually takes 30-60 days from when an offer is accepted.  

Hiring an experienced real estate lawyer and realtor make the closing process significantly smoother. These professionals are valuable in assisting you through the stressful contract-to-closing period. If you are looking for a Wisconsin real estate lawyer to help you with the closing of your new home, contact Wynn at Law, LLC at 262-725-0175 or send us a message.

Home Buyers Pre-Closing Checklist

Resolve Contingencies

The initial Offer to Purchase will have contingencies that need to be met before the transaction is finalized or closed. The most common contingencies are: home inspection, appraisal, and financing. The steps below will cover these contingencies and other common transaction conditions. 

Order A Home Inspection

It is highly recommended to have a professional home inspection conducted by a licensed home inspector. The inspection is the buyer’s opportunity to identify any significant issues, known as defects, before closing. The home inspection is also a chance for a buyer to learn more about the features of the home. There are many systems and features for the inspector to check. Below is a list of items that you may want to have the inspector review: 

  • Building structure and foundation
  • Roof and chimney
  • Plumbing
  • Electrical
  • Heating/cooling system (HVAC)
  • Windows, doors, floors, and walls
  • Land grading and drainage

Once the inspection is finished, the inspector will create a report that notes any defects that were identified during the physical inspection. 

Depending on the transaction, the Offer to Purchase may include additional tests which are separate from the home inspection, such as:  

  • Septic inspection
  • Radon test
  • Mold test
  • Well inspection
  • Well water test
  • Asbestos test

If the home inspection or test identifies defects in the property, it may be worthwhile to negotiate with the sellers for a credit/price reduction or for the repairs to be completed prior to closing. A Wisconsin real estate lawyer can advise buyers about inspection contingencies and prepare an Amendment to the Offer to Purchase to account for the repairs.

home inspector looking at house checklist before closingOrder An Appraisal

Lenders require the real estate to be appraised and will not commit or approve  a loan until the appraisal is completed. For this step, an appraiser may visit the property and ensure that the purchase price is considered fair market value. The buyer must check that the appraisal value is at or above the contract price before proceeding with the closing process. 

Order A Survey

As the buyer, you may be interested in having a survey of the property conducted. If listed as a contingency in the offer, the seller will typically pay for the survey. In some cases, there may already be a recent survey on record.

Get Final Mortgage Approval & Lock In Your Rates

Buyers usually finance their purchase with a mortgage from a bank, credit union, or other commercial lenders. Once your final contract has been signed, it is vital to provide your lender a copy. Before closing, it is beneficial to discuss the interest rate with the lender. Locking in the interest rate is important because even small fluctuations in the rate can increase your monthly payments. 

Shortly before closing, your lender will be able to provide you with a loan commitment; the commitment states that you will receive a loan from the lender in the amount necessary to purchase the real estate.  

Note: All interested home buyers should be pre-qualified for a mortgage loan before beginning a home search. Pre-qualification makes the offer to purchase and final approval process quicker.

Check The Property Title

Prior to closing, you need to conduct a full review of the property title to ensure that the seller is legally able to sell the property. A title search is an essential step in the pre-closing process. A title search verifies that the seller can legally transfer ownership of the property and that the property has no easements, disputes, or liens.

In this step, all existing records, including deeds, mortgages, paving assessments, divorce settlements, liens, and other public documents are thoroughly reviewed and examined. A property owner must fix errors, disputes, tax debts, and liens on the title prior closing. Buyers should have a real estate lawyer review the title insurance commitment for an additional layer of protection against issues with the title.      

Purchase Homeowners Insurance

All lenders require that buyers purchase homeowners insurance. This type of insurance protects the lender from a loss if the home is damaged or destroyed. Some lenders only require you to purchase homeowners insurance in the amount equal to your loan. It is recommended to have coverage equal to your property value and personal belongings replacement cost.

Conduct A Final Walk-Through Of The Home

The final walk-through allows the buyer to confirm that the condition of the property has not changed since the Offer was accepted. Typically, the final walk-through occurs in the 24 hours before the closing. This step enables buyers to check that the home is vacated, clean, and in the expected condition. During the final walk-through, take your time to verify all repairs and that all items/appliances/furniture included in the Offer to Purchase are correct. 

Review The Closing Disclosures (CD)

The Closing Disclosure is a document sent to a Buyer from their lender. This document will include important information about your mortgage, including your monthly mortgage payments, loan interest rate, length of your mortgage, and additional fees related to the closing. The buyer must sign the CD at least three business days prior to closing to ensure there are no issues.

Confirm The Closing & Move-In Dates

The closing date is set in the original Offer to Purchase. Most often, you are able to move in the same day as closing, but occupancy information is also in your Offer to Purchase.

Some additional steps may be unique to your home buying situation. Contact a local Wisconsin real estate lawyer to ensure that all legal documents, correspondence, and closing criteria are lawfully met.

family moving boxes into new house are closingBuyers Closing Day Checklist – What To Expect 

Once all the contract contingencies are met and the steps listed above have been completed, the transaction can close. At the closing, the buyer and seller will meet at the title company’s office at the agreed-upon date and time. Buyers should plan to sign numerous, complex legal documents and spend up to an hour at the closing.  

Below are some of the documents that buyers may sign at the closing: 

  • Promissory note
  • Closing Disclosure
  • Closing Statement
  • Mortgage
  • Title Company Disclosure

It’s wise to have your real estate lawyer attend the closing with you to explain the documents and to answer questions. Lawyers often spot potential problems that can be fixed and will assist with unanticipated issues that may arise. 

Items Buyers Should Bring To Closing

  • Photo ID (official government-issued ID, such as driver’s license or passport)
  • Proof of wire transfer, escrow account information, or cashier’s check
  • Checkbook 

couple celebrating as new home buyers after closingAfter Closing Checklist

After closing, the property deed is recorded at the county Register of Deeds office. The deed is then returned to the buyer via mail. This filing puts the buyer’s ownership of the property on the public record. After the closing, the buyer will also receive a copy of the title insurance policy for their records. 

Congratulations – once the closing process is completed, you have purchased your new home!

Do I Need A Lawyer For The House Closing Process?

Wisconsin does not require a real estate lawyer for real estate transactions, but it is highly recommended for buyers. Your Wisconsin real estate lawyer will protect your interests and make sure all legal documents, correspondence, and closing criteria are lawfully met. 

Wynn at Law, LLC Helps Buyers Throughout The Real Estate Closing Process

Buying a home is a detailed process that takes time to complete. As the buyer in a real estate transaction, it is always better to have a real estate lawyer on your side. By law, only a real estate lawyer can provide you with legal advice during the home buying process, not a real estate agent, loan officer, or closing agent. If you need a Wisconsin real estate lawyer when buying a property, please contact Wynn at Law, LLC by phone at 262-725-0175 or send us a message on our website’s contact page. Wynn at Law, LLC has law offices located in Lake Geneva, Salem, and Delavan, Wisconsin.

Continue Reading: Real Estate Closing Checklist for Sellers

Schedule a Legal Consultation
The post Real Estate Closing Checklist For Buyers appeared first on Wynn at Law, LLC.



4 years 3 months ago

It is not simple to make a choice to file for bankruptcy. However, a bankruptcy filing could be the best approach to your debt and financial problems. Filing bankruptcy has several advantages that other debt-relief options do not offer.
There a lot of benefits when you file for bankruptcy but there are also few drawbacks. Our Washington & Oregon bankruptcy attorneys will go over all of the benefits and drawbacks of filing bankruptcy Chapter 7. This will help you weigh the available options for your bankruptcy case.

  • What are the benefits of filing bankruptcy under Chapter 7?

Struggling with debt problems is extremely stressful. By filing Bankruptcy Chapter 7, you can have emotional relief by reducing the anxiety that comes with worrying about how you will pay your debts and living expenses.
Filing Chapter 7 allows debtors to have a fresh start to rebuild their financial future. In a liquidation bankruptcy, the assigned bankruptcy trustee for your case will manage the sales of your nonexempt assets and allocate the funds to the creditors.
Liquidation bankruptcy could wipe-out an unsecured debt. Unsecured debts include medical bills, credit card bills, and personal loans. When you file under this chapter, it would usually take about four to six months (unlike a reorganization case that takes three to five years). Another benefit is that you will not be required to make monthly payments to your trustee in bankruptcy Chapter 7.
Benefits and DrawbacksOnce your bankruptcy petition has been approved by the bankruptcy court, an automatic stay shall be effective. It prohibits creditors to demand payments from you. An automatic stay will essentially stop wage garnishment and protect you from creditor harassment.
After a debtor files for bankruptcy, he will eventually be able to qualify for credit. The debtor may pay a much higher interest rate but as the credit rating improves, your ability to borrow loans with a lower rate will increase as well.
With filing a bankruptcy case, you would soon start increasing your credit score. Creditors will no longer be able to report missed payments on your credit report and the outstanding balances will be zero.
Seeking legal help with our Washington & Oregon bankruptcy attorneys is important to understand basic bankruptcy laws and to prevent issues during the bankruptcy process. 

  • What are the drawbacks of a Chapter 7 bankruptcy declaration?

A bankruptcy proceeding could be a great help for you to pay back your debts. There are a few disadvantages of bankruptcy filing but an experienced bankruptcy lawyer can help you in dealing with these situations.
One of the disadvantages of filing bankruptcy is that debtors may lose their assets. This is specifically in bankruptcy cases under Chapter 7. The bankruptcy trustee will examine your properties to see if there is nonexempt equity in the property (that he or she will sell to repay your creditors).
For you to be qualified to file under this chapter, you must first pass the bankruptcy means test. Your eligibility will depend on your monthly income and living expenses. For assistance on how to file bankruptcy and pass the means test, consult a credible bankruptcy attorney.
When you declare bankruptcy, you will be required to undergo a credit counseling and financial management course. The completion of the courses is needed to file bankruptcy Chapter 7 and receive a bankruptcy discharge. The courses usually take up to 90 to 120 minutes and will teach you valuable financial management skills that will help you restore your credit rating.
Keep in mind that not all types of debt can be discharged when you file bankruptcy. Secured debt, child support, alimony, tax debt, and student loan debt, and criminal restitution are some examples of non-dischargeable debt.
Also, a legal lien like car loans and mortgages would not be eliminated by Chapter 7. You should continue paying the debt if you want to keep the collateral for the loan. However, you may choose to give up the collateral and have the debt discharged if you believe that it is in your best interests. 
If you file for bankruptcy, the attorney’s fee and filing fee must be paid. Even if it may cost you a certain amount of money, it is definitely worth the excellent service they will provide.
Another drawback of bankruptcy filings is that they will stay on your credit report for ten years and will temporarily lower your credit score. But in a span of 1-2 years, the majority of debtors see an improvement in their credit score.
There may be advantages and disadvantages of filing bankruptcy depending on the financial condition of an individual. Trusted bankruptcy lawyers will go over the benefits and drawbacks of Chapter 7 as they apply it to your bankruptcy case. This will allow you to decide on how to resolve your financial problems.
For legal help and assistance, contact our Washington & Oregon bankruptcy attorneys at Northwest Debt Relief Law Firm for a free debt solutions consultation.
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The post Filing Chapter 7 Bankruptcy: What are the Benefits and Drawbacks? appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.


4 years 3 months ago

When you are behind on a bill or owe back taxes, it might not seem like a problem initially. However, once a creditor obtains a judgment and they garnish your wages or your bank account, it becomes a real nightmare. While there are things you can do to try and stop a garnishment, including working […]
The post How Fast Can a Garnishment Be Stopped In California? appeared first on The Bankruptcy Group, P.C..


4 years 3 months ago

For many California residents, filing for bankruptcy is a lifesaver. When someone eliminates most of their debt through Chapter 7 or reorganizes their debt, while maybe saving their home, by filing for Chapter 13, they remove a significant financial burden. However, bankruptcy is not a “get out of jail” free card. In the case of […]
The post Can I Go On Vacation While In Chapter 13 Bankruptcy In California? appeared first on The Bankruptcy Group, P.C..


4 years 3 months ago

There is a good deal of misinformation concerning bankruptcy. People hear different myths and bits of incorrect facts about bankruptcy from friends, family members, and co-workers. Unfortunately, over the years, many of these misconceptions have wormed their way into the public consciousness. One question that has come up lately regards the average monthly payment required […]
The post What is the Average Monthly Payment for Chapter 7 Bankruptcy in California? appeared first on The Bankruptcy Group, P.C..


4 years 3 months ago

If you owe a debt that is only in your name, you might believe that it is solely your responsibility and not your spouse’s. If your creditor decides to sue you, your wages could be subject to a wage garnishment. However, California is a community property state. Therefore, if a creditor has a judgment against […]
The post Can Creditors Garnish Both Spouses’ Wages in California? appeared first on The Bankruptcy Group, P.C..


4 years 3 months ago

The answer to whether or not you are able to keep your furniture when you file for bankruptcy in California is “it depends.” Some of the factors that will influence what happens to your furniture include the chapter of bankruptcy filed, the exemptions you pick, and the value of your furniture. However, in most cases, […]
The post Do I Keep My Furniture if I File for Bankruptcy in California? appeared first on The Bankruptcy Group, P.C..


4 years 3 months ago

Having an overwhelming amount of debt is extremely stressful and managing it alone is not easy. Before you consider filing bankruptcy, it is important to understand basic bankruptcy laws, how to file, and how the bankruptcy process works. You should seek help from our Washington & Oregon bankruptcy attorneys to assist you throughout the entire bankruptcy proceeding. 
Bankruptcy is a legal proceeding that enables debtors to repay their debts. Filing bankruptcy gives you options on how to pay your debts to your creditors. There are different types of bankruptcy that you may choose from and your eligibility to file bankruptcy will be based on your monthly income, living expenses, and the types of debts that you owe. You should also pass the bankruptcy means test for you to be qualified to file for bankruptcy.
If you are considering bankruptcy, you should know the types of debt that are dischargeable such as unsecured debts, including credit card bills and medical bills. In contrast, non-dischargeable debts include secured debt, child support, alimony, tax debt, and student loan debt.
Also, you must decide on what bankruptcy option would be best for you. If you want to keep your properties while paying your debt, Chapter 13 bankruptcy could be the best option for you.
Filing for bankruptcy Chapter 13 or reorganization bankruptcy restructures the debt by enabling you to pay back creditors (in part or in full) over three to five years. The repayment plan is overseen by a bankruptcy trustee assigned by the bankruptcy court.
The responsibilities of a trustee in bankruptcy include the following:

  1.         Evaluating the bankruptcy petition as well as the proposed payment plan

The proposed debt repayment plan lays out how you will be making payments to pay back your debts. It is the bankruptcy trustee’s responsibility to ensure that the repayment plan is fair and equitable to the creditors.
The trustee begins by evaluating the official bankruptcy forms at the start of the bankruptcy case and checking the details by comparing the statistics given on the official bankruptcy forms to the documentation that you will provide (right after the bankruptcy filing).
Your wages, monthly expenditures, assets, and debts are all listed on the bankruptcy petition. To validate an individual’s financial records, the bankruptcy trustee can use your tax returns, paycheck, bank statements, and other things you will be asked to provide for your bankruptcy case.

  1.         Organizing the meeting of creditors

Bankruptcy Chapter 13A debtor will be required to attend a creditors’ meeting which is overseen by the trustee around a month after you declare bankruptcy. Debtors will be questioned under oath regarding the facts on their submitted bankruptcy paperwork, schedule, and other related documentation.
You should expect to be questioned about your wages, properties, and any other important details about your bankruptcy petition. The creditors may ask questions as well.
If, for instance, further paperwork is needed, the trustee may postpone the creditors’ meeting to a later date. Otherwise, he or she would call the meeting to a close.

  1.         Take part in the confirmation hearing

If a creditor or the trustee finds a flaw in your proposed debt repayment plan, they may object to its approval. You will have a limited amount of time to resolve the problem or draft a response to their opposition to the proposal. The bankruptcy trustee will be the one to testify at the hearing and inform the judge whether the proposal is realistic and has met all the requirements. The judge will make the final decision whether to validate or deny the proposal.

  1.         Managing the debt repayment plan in bankruptcy filings

You should start making monthly payments to the trustee (following your payment plan) within thirty days of filing bankruptcy under Chapter 13.  The repayment plan stays proposed until the bankruptcy court approves it and the bankruptcy trustee keeps the funds to be distributed to the creditors. Once the court approves the proposed repayment plan, the trustee will start distributing the funds to the creditors in compliance with the terms of the agreement.
The reorganization plan takes up to 3 to 5 years to complete. Until you complete the payment plan, the bankruptcy trustee will continue to receive your payments and distribute them to your creditors. The trustee must assess every proof of claim from creditors and keep track of all the funds collected and how much has been charged to every creditor.

  1.         Objecting to inappropriate creditor claims

Within 70 days of the date of filing, lenders who wish to collect Chapter 13 funds should file a proof of claim with the court. The sum owed to the creditor is stated in the proof of claim, which often contains documents in the form of a contract.
Creditor claims are checked by the bankruptcy trustee, who may object to any claims that are wrongly filed or lack adequate paperwork. Other parties may also raise objections if there are any improper claims.
If you are struggling with debt and financial problems, consulting a trusted bankruptcy attorney is important, especially before you file for bankruptcy. Washington & Oregon bankruptcy attorneys are credible and experienced in handling bankruptcy cases. With their assistance, you may be able to prevent any legal issues during the bankruptcy process. By filing for bankruptcy, you will be allowed to rebuild your financial future.  
Have a fresh start with your finances. Call our Washington & Oregon bankruptcy attorneys at Northwest Debt Relief Law Firm for a free consultation.   
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The post Bankruptcy Chapter 13: What are the responsibilities of a Trustee? appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.


4 years 3 months ago

CFPB Submits 2020 Report  to Congress on the Administration of the Fair Debt Collection Practices Act
Report highlights commitment to protect consumers during the COVID-19 Pandemic
unlawful debt collection practicesThe Consumer Financial Protection Bureau (CFPB) released the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA). The report highlights efforts by the CFPB and the Federal Trade Commission (FTC) to protect consumers, particularly those who have suffered profound financial impacts due to the COVID-19 pandemic. The CFPB and the FTC, along with state and federal partners, accomplished much toward stopping unlawful debt collection practices and continuing its vigorous law enforcement, consumer education and public outreach, and policy initiatives.
In 2020, the CFPB engaged in four public enforcement actions, arising from alleged FDCPA violations. The CFPB resolved two of these cases. The two judgments ordered nearly $15.2 million in consumer redress and $80,000 in civil money penalties. Two cases remain in active litigation. Among other highlights, the report notes the following CFPB accomplishments:

  • Identified several issues that raise the risk of consumer harm during the COVID-19 pandemic through its supervisory Prioritized Assessments;
  • Published content to help consumers financially navigate the COVID-19 pandemic, including on debt collection, that has been accessed by users approximately 4.3 million times;
  • Provided consumer debt collection educational materials – In 2020, “Ask CFPB,” an interactive online consumer education tool logged 1.9 million page views and/or downloads in English and 220,000 in Spanish for its debt collection questions;
  • Released a report highlighting service members’ complaint data from 2019;
  • Published information about debt collection activity during the pandemic for student loans; and,
  • Published results of a quantitative online survey of over 8,000 respondents to test several versions of disclosures to support the understanding of time-barred debt and revival that informed the CFPB’s final rules on debt collection.

CFPB & FTC protect consumers from unfair, deceptive, and abusive debt collection practices
The CFPB and the FTC share authority to enforce the FDCPA, and continue to work closely to coordinate efforts to protect consumers from unfair, deceptive, and abusive debt collection practices. The two agencies reauthorized a permanent memorandum of understanding on February 2019 that facilitates consultation in rulemaking, enables coordination in enforcement, sharing of supervisory information and consumer complaints, and collaboration on consumer education.
The report is available here.
The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov.

.fusion-body .fusion-builder-column-1{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-1 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:980px) {.fusion-title.fusion-title-1{margin-top:15px!important;margin-bottom:0px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-1{margin-top:10px!important;margin-bottom:10px!important;}}MUSINGS BY DIANE:The CFPB and FTC are back (in other words, they now have political power to do something given the 2021 change in administration).  Anyone can be caught in a scam (yes – I mean anyone).  We all think it will happen to someone else, but ….. 
We are all just trying to survive, and, hopefully thrive.  Quality education is the way to do both.  Never rely on the Internet for advice – there is more bad advice than good.  Always seek advice from at least two people who are experienced in the area you need help. Once armed with good information, then use your common sense to decide what is best for you.
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The post Stopping Unlawful Debt Collection Practices, CFPB 2020 Report appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.


4 years 3 months ago

" Thank you so much. What a journey. It was a pleasure to have you as my attorney!! Thank you thank you thank you.  Best,  Susan"


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