Do I need an attorney or anyone else to represent me when closing on a mortgage?
It depends. Depending on your state’s laws, you may not be required to have an attorney at the closing.
However, you can choose to have an attorney review your documents before closing.
Technically, unless you hire an attorney to represent you at closing, no one else participating in the closing exclusively represents your interests. It’s important to understand that other attorneys present at the closing – for example, the lender’s or seller’s attorney – do not represent you. These people may not be able to answer your questions and are required to act in the lender’s or seller’s interests, not yours.
While some states require that there be an attorney present at closing, note that this attorney has a primary responsibility to the lender. If this is your first home purchase you may consider having your own legal representation. Your real estate agent or mortgage broker can provide recommendations if you do not have an attorney.
If you need help finding an attorney, your county bar association may provide a referral list, or you can find lawyer referrals in your county and state by visiting the American Bar Association website.
If you have a problem with your mortgage closing process, you should discuss the issue or matter with your lender. If you’re having issues with your mortgage, you can also submit a complaint to the CFPB online or by calling (855) 411-CFPB (2372). We’ll forward your complaint to the company and work to get you a response. You may also wish to get your own attorney to take a look at your issue or matter.
Ask CFPB provides general consumer information. It is not legal advice or regulatory guidance. The CFPB updates this information periodically.
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