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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33796
Experience:  15 years real estate, Realtor. Landlord 26 years
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When is possession of a house legal after a closing, The

Customer Question

JA: Where is the property located?
Customer: When is possession of a house legal after a closing
JA: Has any paperwork been filed?
Customer: The deed was supposed to be recorded on Thursday an wasn't no friday All the paper work was signed and money disbursed
JA: Anything else you want the lawyer to know before I connect you?
Customer: The utilitys. Ins and mortgage payment was all made
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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When is possession of a house legal after a closing

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As soon as the buyer and seller sign all the closing documents and the seller signs the deed over to the buyer, the buyer is then the new legal owner and is entitled to legal possession unless some other agreement has been made where possession is delayed.

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The buyer becomes the owner instantly as soon as the deed is signed by both parties to transfer ownership. It doesn't have to be recorded in order for the transfer to be completed.

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thanks

Barrister

Customer: replied 1 month ago.
Property is in myrtle beach sc
Customer: replied 1 month ago.
Is this D.C. Law too?
Customer: replied 1 month ago.
Sorry South Carolina law
Expert:  Barrister replied 1 month ago.

Yes, this is a uniform real estate law across the entire US. People record deeds to put the world on notice that a transfer has taken place and to update the formal public records. But recording doesn't make a deed "more legal" as it transfers ownership as soon as it is signed and delivered to the buyer.

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As an aside, I used to be a closing attorney for 4 different lenders and have done probably several thousand closings..

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thanks

Barrister

Customer: replied 1 month ago.
Fantastic
Expert:  Barrister replied 1 month ago.

You are very welcome. Happy to help any time.

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Have a great afternoon!

Barrister

Customer: replied 1 month ago.
We have a situation where a closing took place on Thursday, deed hasn't been recorded but all paperwork was signed and funds have been dispersed. Seller is saying she will sue if moving in before the deed is recorded
Customer: replied 1 month ago.
Trying to make sure we are covered bc the closing atty said it was ok to do it and there is a moving truck half unloaded in the driveway....
Customer: replied 1 month ago.
Who is liable
Expert:  Barrister replied 1 month ago.

Seller is simply ignorant about the law in this situation and when the actual transfer of ownership takes place. Sometimes in a parent to child transfer, the child won't record the deed for years but they are the legal owner as of the date the deed was signed.

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And I have no idea what the seller would be suing for? They have received the proceeds from the closing, presumably, so they have their money and have nothing to sue over.

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So yes, if you are the buyer, you can move in any time you want after the seller signs the deed over.

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thanks

Barrister

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