Seller Sheet

Seller Sheet

ADELIA SCHIFFMAN LAW GROUP, PLLC

ATTORNEYS AND COUNSELLORS AT LAW

ADELIA T. SCHIFFMAN, ESQ. | CAMERON E. JOHANNESEN, ESQ. | CHRISTIAN M. HAIRSTON, ESQ. | WILLIAM A. MASON, ESQ.


1000 N. ELM STREET GREENSBORO, NC 27401
(336) 609 6300 (MAIN)(336) 900 1611 (FAX)

This sheet must be returned within 3-5 days of scheduling your closing to prevent any delays.

Seller Sheet
WE REQUIRE THAT A COPY OF A VALID DRIVER’S LICENSE OR OTHER ACCEPTABLE FORM OF IDENTIFICATION BE RETURNED WITH THE EXECUTED DOCUMENTS IF SENT BY MAIL. IF DOCUMENTS ARE EXECUTED AT OUR OFFICE, WE REQUIRE A VALID FORM OF IDENTIFICATION AT THE TIME OF EXECUTION.

**DISCLOSURE REGARDING SELLER REPRESENTATION / DOCUMENT PREPARATION**

You may hire our office to represent you to prepare your seller documents if closing is at a different law firm, or you may have our office prepare seller documents for closings at our firm.

If our office is asked to prepare "seller documents", we will do so (provided the buyer approves); however, should a dispute arise between buyer and seller, our office CANNOT offer legal advice to sellers. We do not represent you when we prepare seller documents for closings at our firm; we are preparing the documents that are necessary for the buyer to close.

**REQUIRED INFORMATION**

You must let our office know of any mortgages, liens, judgments, or other encumbrances that affect the subject property. If you have a mortgage, we will request a payoff good through at least three days following the closing date. Our office will obtain payoff information on your behalf, however, if we are unable to secure a payoff in a timely manner for the closing date, the seller will have to assist in obtaining a payoff.

IF YOU ARE MARRIED, your spouse will need to sign the deed conveying title to the property regardless of whether their name appears on your deed. There may be some specific circumstances where your spouse's signature is not required; you may contact our office for additional information. *PLEASE NOTE* separated means still married- you must provide original separation agreement for recording OR have us prepare a Free Trader Agreement. Further, if married BOTH spouses may need to wet certain sign documents.

If you are separated or divorced, please notify our office as soon as possible so we may determine who the necessary signatories may be. It is possible that your previous spouse may still need to sign seller documents.

**NOTICE OF WIRE FRAUD**

The North Carolina State Bar has notified attorneys of sophisticated scams specifically targeting real estate closings. In order to better protect you, our office requires that a disbursement authorization form be filled out with your wire information and returned to our office prior to or at the time of closing. This form must be notarized. We cannot accept a scanned version of the form. The most secure way to ensure your proceeds are wired to the correct account is to fill out the disbursement authorization form at our office on or before the closing date.
**NOTICE OF ROUTING NUMBER FOR WIRES**

The routing information found on a personal check may not be the same routing information required for a wire. Some banks have specific routing numbers to be used for wire transfers. To ensure that you have the provide the correct routing number, contact your bank to confirm the number the bank uses for wires. If you provide us incorrect routing information, your disbursement will be delayed.

Thank you for allowing our office to assist you in the upcoming sale of your property. If our office represents the buyer, our representation is limited to the preparation of the General Warranty Deed, Lien Waiver Affidavit, Settlement Statement, and tax forms that are necessary to complete the transaction.

Below please find information that we will need from you prior to closing, as well as the terms of our representation of you in this matter.

Payoff Information

If you have an outstanding mortgage(s) on the property, we will need to obtain a formal payoff figure on the mortgage prior to closing. Online statements showing the current balance are not acceptable. Your mortgage provider should have a payoff number you can call to request a payoff, typically found on your monthly statement.

Because you accrue daily interest on your loan, and because the amount of the payoff is usually a large amount, it is our practice to overnight mail or wire all payoffs to the mortgage company. The wire fee for a payoff is $150. This is the most efficient way for funds to be received by the bank. In the event the bank does not accept wires, we will instead charge a fee of $60 and overnight the payoff. Typically, the quickest way to obtain a payoff is for you to contact your mortgage servicing company. The payoff should be good through at least 7 days after the closing date (e.g. if closing is on 01/10/2021, the payoff should be good through 01/17/2021). Please request that the payoff include a daily per diem figure, if possible.

Payoff figures are based on a written statement provided to us by your lender and are subject to change. Adelia Schiffman Law Group, PLLC will receive a payoff quote from the lender(s) being paid off from the proceeds of this transactions. We rely on the information provided by the lender to calculate an accurate payoff amount. Mistakes and errors can occur in the presentation of payoff funds; for example, the receipt of the payoff may be delayed due to the overnight delivery carrier, the payoff amount quoted may not include a recent equity line draw, etc.

The undersigned immediately agrees to render to Adelia Schiffman Law Group PLLC any funds that are deemed necessary to cure any payoff shortage. Adelia Schiffman Law Group, PLLC agrees to remit the payment to the appropriate lender. Any disputes with regard to a payoff shall be taken up directly with the lender after remitting the sums deemed to be a shortage to Adelia Schiffman Law Group, PLLC. In the event a payoff amount results in an overpayment made to the payoff lender, it is your sole responsibility to follow-up with said lender for a refund of the coverage.

Prior Title Policy

If we represent the buyer in this transaction, we would like to locate a copy of your Prior Policy of Title Insurance. If you are able to provide us with a copy or can provide us with the name of the law office which represented you when you purchased the property, please do so as soon as possible.
Disbursement of Proceeds

Timing
In North Carolina, the closing attorney is not allowed to disburse any funds, including seller / realtor proceeds, until the deed (and deed of trust, if applicable) are recorded in the County Register of Deeds office. This means you may not receive a check at the closing table. The attorney for the buyer is responsible for disbursement to you. If we represent the buyer we will disburse in one of the two ways specified below.

Method of Disbursement
Our office can disburse funds in one of two ways - by check or by wire. If you choose to have funds wired to you, a wire fee of $150.00 will be added to the settlement statement. If you choose to have funds overnighted to you, a courier fee of $60.00 will be added. No fee is charged if you elect to pick up the check directly from the office.

Additional Expenses and/or Overages
We hereby acknowledge and agree that, due to circumstances beyond the control of Adelia Schiffman Law Group, PLLC there may be additional expenses incurred after closing for items including, but not limited to, additional recording fees, shortages on payoffs, taxes, water bills, etc. We agree that if any such expense exceeds $50.00, we will immediately provide such payment to Adelia Schiffman Law Group, PLLC. We understand that our failure to remit prompt payment could result in a lien being placed against us or our property, increased interest expenses, or, in the event of a payoff shortage, a default in our current mortgage and a title insurance claim being filed against us.

We further acknowledge there may be refunds due to overpayment of recording fees, property taxes, water bills, etc. If any such overage is less than $75.00, we agree that the Adelia Schiffman Law Group, PLLC may retain said overage rather than refunding it to us.

Standard Seller Documents

If our office prepares seller documents on your behalf, you will need to execute some or all of the following documents:

  1. General Warranty Deed;
  2. Owner affidavit and indemnity agreement;
  3. 1099;
  4. Closing Disclosure / ALTA Settlement Statement / HUD;
  5. Non-foreign status certificate;
  6. Correction Agreement and Limited Power of Attorney;

Our office will make every effort to provide the settlement statement to you as early as possible prior to closing. It is important that you review the settlement statement for accuracy upon receipt. If any changes need to be made, contact our office immediately. By signing the settlement statement, you are approving the accuracy of the document.

Most of these documents will require notarization. You will be instructed on how to sign the documents at the time of signing.

Mail Away Closings

Sometimes it is impossible for the seller to attend closing in person. In these situations, a mail away closing will be necessary. Additional coordination is required to ensure the success of a mail away closing. If you know that you will not be able to attend closing, please let our office know as soon as possible so that we may prepare accordingly. Additional charges to you may apply for costs involved in sending and / or receiving the documents.

You will need to provide our office with a copy of your driver's license (or other acceptable form of identification) with the closing documents.

If you choose not to wire your funds, your bank may place a 5 day hold on your check.
I HAVE READ THIS LETTER AND ACCEPT ITS TERMS. I HAVE FILLED OUT THE SELLER INFORMATION SHEET (See 2nd form below)
(this is REQUIRED for your 1099 tax form)
(this is REQUIRED for your 1099 tax form)
Seller Information Sheet

PLEASE fill out completely to ensure a timely closing.

5. How will you be receiving your funds from closing?
I request the proceeds be wired to the above account.
(Initials)

***DUE TO TIME SENSITIVITY OF INFORMATION AND LENDER DISCLOSER REQUIREMENTS ALL HOA
INFORMATION WILL BE ORDERED AS “RUSH”. SELLER IS RESPONSIBLE FOR ALL FEES CHARGED BY MANAGEMENT COMPANY INCLUDING “RUSH” ORDER FEES.***

*PLEASE NOTE* separated means still married- you must provide original separation agreement for recording OR have us prepare a Free Trader Agreement. Further, if married BOTH spouses may need to wet certain sign documents.”
8. Contact information for all mortgage companies holding a mortgage on the property (include any home equity loans)
Mortgage Company #1
Mortgage Company #1
Mortgage Company #2
Mortgage Company #2
I/We hereby authorize Adelia Schiffman Law Group, PLLC to obtain documentation relating to any and all current or past mortgages (if any) on the property located at:
I/We hereby authorize any current and past mortgage companies to release to Adelia Schiffman Law Group, PLLC any and all information requested. Such information includes, but is not limited to, payoff, per diem, escrow and lien release information. Furthermore, I/We hereby authorize Adelia Schiffman Law Group, PLLC to correspond with any current or past companies in all matters, including but not limited to: payoff confirmation, escrow, payoff shortages and lien releases and to accrue and charges.

***NOTE: If Seller isn’t attending closing OR is signing early, a POA is REQUIRED!***
***The fee for preparing this document is $150.00***

(put N/A if none)
Please provide copies of any documents you may have from the Estate File.

If an estate has not been opened, please contact our office for further instruction.

Loading...