Frequent Questions

These are the most frequent questions that we get. If you have any other questions, please feel free to contact us.

Q: Do I need an Attorney to advise me on my home purchase or sale?

A: The use of an Attorney may prove exceedingly helpful in the purchase or sale of your home. An Attorney, experienced in the process of home purchase, may provide a multitude of services throughout the real estate transaction. An Attorney can be most beneficial in the contract drafting stage of contract preparation by offering custom suggestions to address your particular needs in the home purchase. While extremely experienced in helping buyers and sellers your realtor can not give you legal advice. Contact DeAngelis & McNamara for assistance BEFORE you sign your contract to purchase or sell your home.

Q: What are some of the pitfalls in the home purchase and home sale process?

A: Pitfalls in the home purchase and home sale process include improperly drafted contracts, unqualified buyers, missed closing dates, title defects, poor advice from unqualified sources, improper disclosure of material facts or defects, survey problems, lack of or necessary inspections and many more. While all risk in a real estate transaction can not be eliminated, the risk can be greatly minimized or managed with proper advice. Let DeAngelis & McNamara assist you to avoid or limit your exposure to these pitfalls.

Q: What does an Attorney do in the closing process?

A: An Attorney and their staff may provide one or typically several of the following services along with many additional services:

* Provide advice concerning contract drafting.
* Give advice on the legal implications of the contract and other documents.
* Assist in negotiation for the purchase or sale where required.
* Obtain and examine title evidence to ensure good title to the property.
* Request payoff statements for any encumbrances.
* Obtain or review a commitment for a title insurance policy.
* Coordinate the closing with other professionals in the transaction.
* Prepare a statement of closing costs including proration of taxes, etc.
* Prepare and review loan documents.
* Prepare or review deeds transferring the property.
* Close the transaction and explain the documents involved in the closing.
* Collect and disburse the funds required for closing.
* Obtain releases of the deed and other documents.
* Manage recording of the deed and other documents.
* See to the issuance of title insurance.
* Follow up on post closing matters.

Let the Attorneys at DeAngelis & McNamara, P.C. assist you in your real estate transaction.

 Q: What is title insurance?

A: Your home is typically your most expensive and important investment. A review of the public records may not discover defects in the title to property.
Title insurance is a single premium form if insurance that protects a homeowner, for as long as they may have any interest in their home, against matters that may not be discoverable by an examination of title to real property, such as:

* False impersonation of the true owner of the property.
* Forged deeds, releases or wills.
* Undisclosed or missing heirs.
* Instruments executed under invalid or expired power of attorney.
* Mistakes in recording legal documents.
* Misinterpretations of wills.
* Deeds by persons of unsound mind.
* Tax liens against an owner that may not yet be recorded.
* Deeds by minors.
* Deeds by persona supposedly single but in fact married.
* Liens for unpaid estate, inheritance, income or gift taxes.
* Fraud.

Title insurance will protect you against these types of unknown risks and will pay for defending against any lawsuit attacking the title and either clear up problems or pay the loss to the insured. Rhode Island law requires that you be offered owner’s title insurance at the closing of your home. For more information on how title insurance may assist you, contact DeAngelis & McNamara, P.C.