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lawyer for refinancing my mortgage

Started by 007
over 16 years ago
Posts: 195
Member since: Nov 2008
Discussion about
I am refinancing my co-op loan with the same bank. Do I need a lawyer to represent me? if positive who should I use for how much should I look to pay for such a transaction
Response by jnnj
over 16 years ago
Posts: 46
Member since: May 2009

no - do it yourself

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Response by ab_11218
over 16 years ago
Posts: 2017
Member since: May 2009

no need for lawyers there is no exchange of property and no contracts.

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Response by dwell
over 16 years ago
Posts: 2341
Member since: Jul 2008

I disagree. Get a lawyer & have him/her read the docs. Not understanding the docs is how many people got screwed w/ refying.

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Response by dwell
over 16 years ago
Posts: 2341
Member since: Jul 2008

Go back to the atty who did your closing.

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Response by 007
over 16 years ago
Posts: 195
Member since: Nov 2008

Thanks. I guess I should add that this is a jumbo 30 years fixed. Is there anything specific in the documents to pay attention to other than prepayment option? Since it is with the same bank I do wonder about making sure that liens (ucc) are removed under the old mortgage and the new one are recorded correctly. Anything else I am missing? Is there anywhere a checklist of what should I review specifically?

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Response by dwell
over 16 years ago
Posts: 2341
Member since: Jul 2008

No offense, but you're not a lawyer. Even if it's the same bank, the mtg market is so volatile now, who knows what they put in the fine print. Get a lawyer.

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Response by dwell
over 16 years ago
Posts: 2341
Member since: Jul 2008

if it's a refy, it's probly a consolidation, so, it's a continuation of the original mtg. This is why I say get a lawyah!!

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Response by streetsmart
over 16 years ago
Posts: 883
Member since: Apr 2009

what rate did you get? just curious.

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Response by mbrokerNY
over 16 years ago
Posts: 103
Member since: May 2008

there wont be a prepayment penalty. Save your money and your bank/broker a lot of headache, dont use a lawyer. There will be an attorney representing the lender at the closing but they should go over all the documents with you and you should understand exactly what you are signing.

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Response by mbrokerNY
over 16 years ago
Posts: 103
Member since: May 2008

One more point in regards to Dwells comments, there is nothing you can do about the fine print. The important facts regarding the mortgage are spelled out in plain language, if you are going to worry about the fine print its probably best not to refi. If you pay your mortgage on time there is nothing to worry about.

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Response by dwell
over 16 years ago
Posts: 2341
Member since: Jul 2008

"if you are going to worry about the fine print its probably best not to refi."
Disagree. Can't avoid the fine print, but, we should understand it.

"If you pay your mortgage on time there is nothing to worry about."
Agree, but make sure there's no jump in rates, that it's plain vanilla (whatever that is today).

I still don't think it hurts to spend a couple of thou for a lawyer to review & explain it. Ounce of prevention vs. pound of cure.

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Response by ab_11218
over 16 years ago
Posts: 2017
Member since: May 2009

it just amazes me when people say "don't think it hurts to spend a couple of thou for a lawyer". Closings usually cost less than that with competent lawyers. If you are dealing with one of the major banks and getting a "vanilla" loan (fixed rate for the term of the loan), take the couple of thou and go away for the weekend or the week on a vacation. Better yet, use that money to make your first payment.

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Response by streetsmart
over 16 years ago
Posts: 883
Member since: Apr 2009

you get a three day recission period. After the closing, take the closing docs to a lawyer and have him review it. That should save you money. And if it doesn't look good, you can cancel.

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Response by 007
over 16 years ago
Posts: 195
Member since: Nov 2008

Thanks to all for your thoughts and feedback. I have decided not to use a lawyer. In general the documents by the major banks (including the fine print) are non negotiable. I refinance as a hedge against inflation. I do not see the value of a lawyer other than coordinating all of the activities and saving me the time by him/her follow up on management companies etc. My experience in the past has been that mortgage lawyers assign all the work to a secretary and show up to the closing pointing out the document heading and explaining (reading) the purpose of the document. They devote less than an hour to the closing and their secretary devote few hours for coordination.It is funny to think about saving couple of thousands in the context of a jumbo loan, however, no one should throw money away and I prefer to donate the money to charity or take a long weekend in a sunny place.

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