Real estate closings and transactions involve the attorney performing a title search for a period of 40 years back making sure the Buyer gets clear marketable title to the property, meaning property that is free of mortgages, liens, judgments, encumbrances, and violations. Attorneys also note any encumbrances like rights away, covenants, or road maintenance agreements recorded within the 40 year period. McCamley Branchaud also provides title insurance to cover certain defects in a property that are discovered after purchase.
In a real estate closing, the deed is delivered to the buyer, the title is transferred, financing documents and title insurance policies are exchanged, and the agreed-on costs are paid. Some of the final documents, including the deed and mortgage, are then delivered to the local Town Clerk for recording. McCamley & Branchaud can handle this process for you to make it a smooth transaction.
Vermont is one of the last states in the nation where attorneys still handle the closing. The primary reason for this system is to make sure the entire process is completed with skill and accuracy. Mistakes can cost hundreds of thousands in damages, and lead to lawsuits that last years.
Closing lawyers do NOT do the following: we do not guarantee where boundary lines are, as every Buyer has the right to hire a surveyor prior to closing and lawyers are not surveyors; we do not inspect the condition of the property or wastewater system; we do not cover home owner’s insurance; lawyers do not guarantee any future permitting, subdivision, or build ability of property in Vermont, as that is dependant on obtaining all necessary permits including, but not limited to, curb-cuts for driveways, stormwater review and/or permits, wetlands review, permits, and/or conservation/wildlife surveys, building permits, and wastewater (including well location or drilling) permits. Other permitting may need to be obtained when working near lake shores and streams, or Act 250 depending upon the scope of the project. Closing attorneys do not cover these topics unless specifically and clearly retained for that purpose. Closing attorneys do not cover fire inspections, placement of detectors, or certificates of occupancy and inspection of the property. Closing attorneys can only see what is located in the land records, and are not responsible for issues outside of the forty year title search and review of the documents in the Town/City land records, zoning files, and state wastewater permitting system.
McCamley & Branchaud represents buyers and seller’s of real estate to ensure a smooth transaction without mistakes. Millions of dollars in closing funds flow through our trust account each year without missing a penny of your money, and we handle many closings in Rutland County.
McCamley & Branchaud have over twenty years of real estate experience that can make your closing a pain free process.
Call Matt for a consultation, or tell your loan officer you want McCamley & Branchaud to handle your closing. You will be glad you did.
McCamley & Branchaud
26 Court Street
Rutland, VT 05701
Phone 802-775-0064 ext 202
Fax 802-775-6941
mattbranchaud@gmail.com
