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Buying
a Home
Introduction
When you go about
buying a new home, which is often the largest investment you will ever make, you
should have a professional involved who is only concerned with your
interests. In most cases home buyers will work very closely with a real estate
agent in deciding to purchase a home. A real estate agent is a professional and
can be very helpful in completing the transaction. However, you should remember
that a real estate agent is generally under contract with, and receives a commission
from, the seller. He or she is paid only if and when you pay the seller for the
property.
Our lawyers will
represent only you in the transaction, and it is best if you get us involved
sooner rather than later. Many times our real estate clients come to us after
they have signed an agreement of sale. The agreement of sale is the contract which
sets forth all of the terms and conditions of your purchase. Very often this is
a pre-printed form that will be presented to you by the real estate agent. The
agreement will specify the dates and amount of payment required, the settlement
or closing date, the list of any household items or other personal property to
be included in the sale, and the damages to be paid if the contract is breached.
Ideally, any documents
requiring your signature should be reviewed by us before you sign them.
That way we can help you avoid costly mistakes and unpleasant situations.
In addition to the
purchase price for the home, you should be aware of other expenses involved in
purchasing a home. These include:
- Charges imposed
by your mortgage lender, such as an application fee, an appraisal fee, and a percentage
charge for the loan called "points" (1 point = one percent of the loan
amount);
- If your lender requires
you to maintain an escrow account for real estate taxes, you will probably be
required to pay into this escrow account at settlement a substantial portion of
the yearly charge;
- State and local
transfer taxes, which are typically 2% of the purchase price (the buyer and seller
typically split this, so that each pays 1%);
- A pro-rated adjustment
for property taxes and other items like sewer fees and homeowners association
fees already paid by the seller;
- Title insurance
premium; and
- Recording costs
for the deed and mortgage.
One advantage to
using Shagin Anstine LLC to represent you in your transaction is that there is
no additional fee for our legal services if we are providing you with title insurance.
See Title Insurance and Settlement Services.
After you have signed
a contract for the purchase of your new home, we will help you prepare for settlement.
Generally the first step will be for you to apply for a home mortgage, if you
have not already done so (many home buyers get pre-qualified for a home mortgage
before they enter into an agreement of sale).
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Applying
For a Home Mortgage Loan
Applying for a home
loan can be confusing. You are advised to shop around for the best terms. Look
in the real estate section of your local Sunday newspaper for information about
current interest rates and a list of lenders. We can advise you on this process.
Once you have chosen a lender, a little preparation will make the application
process easier for you. When applying for a home mortgage, plan to have the following
available:
- Original, signed
purchase agreement
- Name, address and
zip code for employers for the last two full years
- Three most recent
pay stubs
- Addresses of residences
for the last two full years, including the address of any landlord
- Name, address and
account numbers for checking accounts, savings accounts and other cash assets
- Name, address and
account numbers for all outstanding loans and credit cards
- Value of personal
property, including life insurance
- Social security
numbers and work telephone numbers
- For self-employed
persons, copies of complete tax returns for prior two years plus a current profit
and loss statement and personal balance sheet.
- Cash or check for
appraisal and credit reports
- Verification of
child support and alimony obligations
- The name of your
lawyer and settlement agentöShagin Anstine LLC
If you are refinancing
an existing mortgage, the lender will want to see a copy of your deed and mortgage,
as well as your most recent bills for county, school and municipal taxes.
In addition, for
new construction, you will need to have a complete set of plans and specifications,
a construction contract and land contract.
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Preparing
For Your Closing
In Pennsylvania the
terms "closing" and "settlement" are both used to refer to
the final step in a home purchase/sale, when money changes hands and a deed is
delivered. The process of preparing for closing begins when the buyer and the
seller sign a purchase agreement or sales contract. This contract will specify
the date by which a closing will be held, and specifies the conditions that must
be satisfied before a closing can be held.
Once a mortgage commitment
has been obtained and the title examined and found to be satisfactory, a closing
can be scheduled. Usually the settlement is held in the office of the real estate
broker involved, or in our offices at 100 Pine Street, Harrisburg. As the buyer,
you should be prepared to bring the following items to settlement:
- A copy of the purchase
contract.
- A certified check
for the closing funds you will need. This figure will be provided to you by us
the day before closing.
- Original homeowners
insurance binder and paid receipt.
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