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  • Seller Closing Order and Information Sheet (Unrepresented)

  • SELLER INSTRUCTIONS

     

    The Seller Closing Information Sheet is used to provide our office with enough information to begin the transaction.  It also helps faciliate the transfer of information to us in an orderly manner, in order to limit the amount of times we must request details about certain aspect of the transaction from you, or your Agent. 

    It also serves as a check against any information provided to us in the Purchase Contract, and to ensure that there is a common understanding of all of the terms and conditions of the Purchase Contract between the parties. 

    While we ask for certain documents to help us complete the transaction, if you do not have the information readily available, you can provide us with the requested documents at a later time. 

    Here are some further details:

     

    1.  FILLING OUT THE FORM:  Please ensure that when you are entering information into the fields, that you do not put information in all CAPS, or lowercase.  Please enter the information correctly.

    For example, do not put an name as "john smith," it should be typed in as John Smith.  Simiarly, the property address should not be written as "1234 main street," if should be written as 1234 Main Street. 

     

    2.  SELLER'S INFORMATION: 

    As stated above, the Buyer's Information is the most Important for you.  It is important that you ensure:

    A. All names are spellled correctly; 

    B.  If there is a middle name for any of the parties, that a middle name is spelled out in full.  The same is true for suffixes such as, Jr. Sr., III, etc.; 

    C.  That you upload any of the required documents if you have the documents readily available.  In the event you do not have the documents readily available, you can provide them to us later;

    D.  Each Buyer must have their own separate email and telephone number; and

    E.  Complete all the information contained in the form.

     

    3. DOCUMENTS/INFORMATION TO GATHER:

    You should have received an email from us with some additional documents you should have prior to filling out the Closing Information Sheet.  As a refresher, please ensure you have the following readly available:

    A.  Lender Information:  Contact information for your lender and a copy of your preapproval letter.  The contact information for your lender should be a direct email address and telephone number of your lender, not a general email address;

    B.  Cash Purchase Information:  Please have a copy of proof of funds, which should set forth that you in fact have the funds available.  Additionally, the proof of funds should also have contact information for the relevant financial instiution that is certifying the funds are available; 

    C.  Appraisals and Inspections:  In the event any appraisals and inspections have already been completed, please have the date of completion, and as well as any reports that were generated available;

    D.  Property Occupancy:  In the event the property is occupied, please have copies of any leases, or other documents, in your possession or provided to you by any previous owner;

    E.  Contact information for the Buyer's attorney if we are not handling both sides of the transaction;

    F.  Due Diligence payment receipts and information;

    G.  Builder Deposit receipts is you are a builder; and

    H.  Copy of the Buyer's preapproval letter, or proof of funds if it is a cash. 

    Please Note: We will request other information from you, and also provide you with additional documents for your signature. This will be provided in a secure link.

    Again, in the event you do not have any of the information readily available, you can provide it to us at at later time. 

     

  • PROPERTY FOR SALE ADDRESS

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  • SELLER INFORMATION

  • ENTITY SELLER INFORMATION

  • SELLER ENTITY CONTACT INFORMATION

    Please provide the contact information for the officer/representative of the entity who will serve as the point of contact for questions concerning this transaction. NOTE: This individual should also have authority granted under the corporate resolution, amendments, or other agreements, as applicable, to enter into the transaction.
  • SELLER ENTITY MAILING ADDRESS

  • SELLER ENTITY ORGANIZATIONAL STRUCTURE AND DOCUMENTS

  • Seller Member 1

  • Seller Member 2

  • Seller Member 3

  • Seller Member 4

  • SELLER AUTHORITY TO ENTER INTO TRANSACTION

  • SELLER ENTITY NON-FOREIGN STATUS

  • SELLER ENTITY DOCUMENTS

    In this section you will provide copies of any documents you have available which we will need related to the entity. In the event you do not have these documents readily available, don't worry, you will be able to provide them to us later. Just get to gathering them together.
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  • INDIVIDUAL SELLER INFORMATION

    Note: Please include the full legal name for each party. For example, if your name is Elizabeth, don't use "Beth" as your first name. Also include the FULL MIDDLE NAME. Additionally, if there is more than one Seller, please provide the contact information for the Seller who will be the primary point of contact first.
  • ****Each Seller must have their own separate email address as well as telephone number. We cannot use one email or telephone number for both****

  • SELLER 1 INFORMATION

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  • SELLER 2 INFORMATION

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  • SELLER 3 INFORMATION

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  • SELLER 4 INFORMATION

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  • THE FOLLOWING SELLER WILL SERVE AS THE POINT OF CONTACT FOR THIS TRANSACTION:

  • Maritial Status and Selling Property in North Carolina

     

    In North Carolina, the rule of thumb for married couples is that one spouse may purchase real property, but both spouses must sign the deed to sell property. This is true even if the current deed, or deed of trust, is solely in one spouses name.

    The rationale for this requirement is because in North Carolina a spouse acquires a marital interest in the other spouse’s real property regardless of whether the property was acquired prior to or after you were married.

    For example, if you die, your spouse can claim an elective share in that property regardless of whether their name appears on the deed to that property. Thus, in order to extinguish these marital interests during the sale of real property, the deed conveying the real property must include the signatures of both spouses.

    The same holds true if spouses are legally separated, as the marriage has not been formally resolved, and a divison of assets, including the home, was never completed. 

    The bottom line is that in North Carolina, both spouses must sign a deed to sell or transfer real property!

  • SEPARATED COUPLES AND SELLING PROPERTY 

     

    Separation in North Carolina does not mean that you are able to freely sell the property without your spouse having an interest in the property.  As long as you are legally married, even if you are separated, your spouse has marital rights to your real property unless you both have signed an agreement to release their marital rights. 

    The agreement which needs to be drafted is known as a Freetrader Agreement.  A Freetrader Agreement is a legal document that allows a spouse to “freely trade” which includes selling real property after separation. 

    There is no way around selling the property, without your spouse having to sign the deed, without a Freetrader Agreement. (S)

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  • Selling Property When Divorced

     

    As a practical matter one of two things must occur if you are currently divorced from your spouse, and your spouse remains on the Deed of Trust, or the Deed for the property.

    First, the division of assets should have occured at some point during the divorce proceedings.  The division of assets should have addressed the maritial property, with one spouse ordered to execute a Quit Claim Deed, which gives the remaining spouse full interest in the property.  Sometimes, but not often, the Quit Claim Deed is not executed and recorded, which means that the divorced spouse still has an equitible interest in the property. In order to sell the home, the divorced spouse must execute a Quit Claim Deed, and the Quit Claim must be recorded in the county. 

    Second, in the event the property was not divided during the final divorce proceedings, or the divorced spouse does not execute a Quit Claim Deed (and thus still has an equitable interest in the property), the divorced spouse must also sign the deed to transfer ownership. In the alternative, you can petition the court again to divide up the interest in the property, or to force a sale of the property (this is the costliest method to go through with the sale). 

  • FORMER SPOUSE CONTACT INFORMATION

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  • SELLER FORWARDING ADDRESS AFTER CLOSING

  • SELLER 2 FORWARDING ADDRESS

  • SELLER 3 FORWARDING ADDRESS

  • SELLER 4 FORWARDING ADDRESS

  • FORWARDING ADDRESS REQUIRED

     

    NOTE:  You must provide our firm with a forwarding address prior to closing.  As soon as you have a forwarding address, please provide the information to us so we can update our records. 

  • SELLER CITIZENSHIP STATUS

  • BUYER ATTORNEY INFORMATION

  • BUYER INFORMATION

  • INFORMATION ABOUT THE PROPERTY

  • PRIOR TITLE INSURANCE POLICY

  • HOMEOWNERS ASSOCIATION INFORMATION

  • Instructions for Completing the HOA Portion

     

    When completing the information for your HOA, please include the points of contact for whomever manages the HOA. 

    For example, if Little and Young, a property management company that represents many HOAs, is the manager of your HOA, you would include the contact information for Little and Young. 

    In the event your HOA is not managed by a management company, please include the contact information for the individual who manages the HOA. 

  • Information About HOA 1

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  • Information About HOA 2

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  • SELLER LIENS AND ENCUMBRANCES

  • ADDITIONAL LIENS OR JUDGMENTS

    Please indicate if you have ever had a lien against your property, or other assets, or a judgment against you, or the property, that you know about. This includes those liens or judgments that you have paid off.
  • INFORMATION ABOUT YOUR MORTGAGE AND OTHER LOANS

  • Loan Information

  • Loan 2 Information

  • Loan 3 Information

  • Loan 4 Information

  • INFORMATION ABOUT THE TRANSACTION

  • OFFER TO PURCHASE AND ADDENDA

  • Please upload a copy of the Offer to Purchase Agreement, as well as any addenda relevant to the transaction. You must upload even if you have sent us a copy via email.

    When uploading the documents, each document should be their own separate attachement.  In the event you have combined the Offer to Purchase Agreement and Addenda into one document, don't worry, you don't have to go back and separate the Agreement into individual files, you can just upload it as one file. 

    NOTE: Please label the file in the following format: [Document Name] Buyer [Street Address] [City]

    For example:  Offer to Purchase Seller 1234 Main Street Fayetteville; FHA/VA Addendum Seller 1234 Main Street Fayetteville, etc. 

    Each place you are to upload documents throughout the closing process provides details on how to label them, you can cut and paste the template for each document to make it easier. 

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  • EARNEST MONEY DEPOSIT

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  • HOW TO GET THE EARNEST MONEY DEPOSIT TO US

     

    If we are the Escrow Agent for the transaction, all Earnest Money Deposits will be transferred to us by wire transfer.  We will provide you with wire transfer instructions shortly via secure means.  Prior to transferring any money to our firm, you must sign the Engagement Letter you received.

    In the event you have provided the Earnest Money Deposit to someone else, and we are the Escrow Agent for this transaction, we will arrange to have the money transferred to our account, and provide you with documentation that we are in receipt.

    Do not attempt to transfer your Earnest Money Deposit to us until such a time as you receive wire instructions from us, and your letter of engagement is executed. (S)

  • BUILDER DEPOSIT

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  • ADDITIONAL EARNEST MONEY

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  • INFORMATION ABOUT THE TRANSACTION

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  • CASH TRANSACTION

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  • WHOLESALE OR ASSIGNMENT OF CONTRACT

  • WHOLESALE OR ASSIGNMENT OF CONTRACT TRANSACTIONS IN NORTH CAROLINA 

     

    Please note that over recent years North Carolina has made some changes to the way a closing can occur when there is an assignment of contract, or wholesaling of the property.  There are two ways to conduct the transaction in order for it to meet the legal requirements in North Carolina. 

    Option 1:  The source of funds must come directly from the Buyer.  What this means is that the Buyer has the cash on hand before closing in order to complete the transaction.  This is known as an A to B transaction.  This does not require disclosure of the wholesale transaction.  The next transaction would occur from B to C to complete the wholesale deal. 

    Option 2:  The Buyer does not have the funds on hand, but will secure the funds from a loan from another party.  This loan is usually what is called a hardmoney lender.  The hard money lender is not a party to the transaction other than providing funds.  In this case, in the event the original offer to purchase was for a cash transaction, an addendum must be drafted to change the offer to a financed offer.  The downside to this is that the Seller can potentially terminate the agreement due to financing. After the A to B transaction, B is then free to sell the property to C. 

    Option 3:  The wholesale transaction can take place with full disclosure to all parties in the transaction.  This is commonly referred to as an A to B and B to C transaction, where C is providing the money to A for the purchase of the property.  In this situtation A, who is the Seller, will be provided full disclosure of the ultimate price C is paying for the property, as well as B's profits.  The same holds true for C being aware of the accepted offer of A. 

    Prohibited Transaction:  North Carolina does not allow C to finance the deal without full disclosure to all parties.  This is expressly prohibited.  

  • SELLER CLOSING PACKAGE SIGNING

     

    As the Seller, there are few documents that will require your actual "wet signature" for completion.  The most important of which is the General Warranty Deed you will sign. 

    Upon execution of your Letter of Engagement with us, we will send all documents to you for signature as soon as possible, so that we have them in our possession well before closing. 

    None of the documents will be provided to the Buyer, Lender, or any other party, until the time is right, and all legal requirements are completed.  For example, although we will have you sign your General Warranty Deed in advance, the General Warranty Deed will be held in trust until closing occurs, at which time it will be recorded. 

     

  • PROPERTY OCCUPANCY AND DELIVERY

  • Property Owner Occupied Property

  • Tenant Occupied Property

  • Property Management Contact Information

  • Landlord Contact Information

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  • Estoppel Certification

  • What is an Estoppel Certification

     

    An Estoppel Certification is a document that is executed and signed by the tenant, which sets forth the essential terms of the tenancy.  Some of the things that are addressed in an Estoppel Certification include:

    1.  The term of the lease, as well as the expiration;

    2.  The monthly rental amount;

    3.  The location of the tenant security deposit; 

    4.  Any known issues with the property; 

    5.  The payment history of the tenant; and

    6.  A certification that everything in the Estoppel Certification is true, and that no other promises have been made to the tenant. 

    In order to protect the sale of your Property, and to prevent any issues or litigation that might arise after the closing of the property, an Estoppel Certification should be executed whether the Buyer is buying the property as an investment, and will continue to rent out the property to the current tenant or others; or when you are selling the property as a future primary residence, with the expectation that the property will be vacant upon closing.  

    In other words, an Estoppel Certification should be executed whenever there is a tenatn in place.

    We highly recommend you have an Estoppel Certification prepared by our office.

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  • SELLER PROCEEDS DISBURSEMENT

  • THE FOLLOWING INDIVIDUAL WILL SERVE AS THE POINT OF CONTACT FOR THE DISBURSEMENT OF FUNDS:

  • NUMBER TO CALL AND AUTHORIZED PARTY FOR PICKUP

  • WIRE TRANSFER INSTRUCTIONS

  • ROUTING AND ACCOUNT INFORMATION

  • Prior to submitting the wire and account information, please verify you have the correct routing number and account number for your financial institution. 

    ****SOMETIMES, BUT NOT ALWAYS, THERE IS A DIFFERENT WIRE ROUTING NUMBER FOR WIRE TRANSFERS, WHICH DOES NOT MATCH THE ONE ON YOUR CHECK****

    There are four methods to verify wire routing number and account number:

    1. First, you can log into your account and obtain the relevant information; 

    2. Second, you can visit your financial institutions website, which should contain the correct routing information for wire transfers;

    3.  Third, you can obtain the routing number from a check.  The common ways to identify your routing number by check are illustrated below, but again YOU MUST VERIFY THE ROUTING NUMBER ON YOUR CHECK IS ALSO THE ROUTING NUMBER FOR WIRE TRANSFERS; and 

    4.  Fourth You can call, or visit, your financial institution to obtain the correct information.

    We highly suggest you use two methods to verify. In other words, and for example, find your routing and account information on your check, and then call your finanical institution for verification.   

     

    NOTE:  We are not responsible for the delay in the transfer of your funds, or the loss or your funds, in the event you provide us with incorrect account number, or wire transfer information. 

    Returned wire transfers will incur an addititional transaction fee of $100.00.  Additionally, a returned wire transfer may result in our sending proceeds via mail, as opposed to by wire.

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  • MAILING ADDRESS FOR CHECK

  • CATCH ALL INFORMATION ABOUT THE TRANSACTION

  • BUYER NOT REPRESENTED BY A CLOSING ATTORNEY

     

    You indicated that the Buyer is not currently represented by another closing attorney, or you don't know if the Buyer is represented.  In order to move the transacton along quickly, please provide the Buyer's Agent with the below link for the Closing Order Form.

    Alternatively, the Buyer's Agent can go to our website to place and order.  This way we can get the ball rolling faster in the event the Seller is not represented.  

    We will also send a copy to the Buyer's Agent you identified in the form, but wanted to ask you for assistance as there will a delay in our getting the information to the Agent, and your fingers will be faster than ours to get the transaction rolling! 

    Here is the link to place a Closing Order:  https://hutton.law/closing-order

    Thanks!!!

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