
Frequently Asked Questions
Have Questions? We Have the Answers.
General
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Our fees depend on the nature of the services provided. We will provide a detailed estimate based on your needs and ensure there are no hidden costs.
Closings
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Our fees depend on the nature of the services provided. We will provide a detailed estimate based on your needs and ensure there are no hidden costs.
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We facilitate the closing process, ensuring that all necessary documents are signed, funds are transferred, and the title is properly recorded in the public records. We will also ensure that the title is cleared so that the purchaser can buy an owner’s title insurance policy to protect their investment against title defect.
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In Kentucky, anyone can handle a real estate transaction, with no licensing required, even for managing millions of dollars in escrows. However, legal issues often arise in real estate deals that require an attorney's expertise. From title defects to mortgage terms, only a licensed attorney can handle these concerns. At Borders & Borders, we ensure that an attorney is involved in every transaction, offering the legal experience that non-licensed agents can't provide. Choose us, and you'll see the difference an attorney makes!
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Title insurance protects against any potential claims against the title of a property after you purchase it. It’s usually required by lenders, but it’s highly recommended for buyers as well to protect against unforeseen issues with the property’s history. Title insurance covers errors in a search but also most defects which a title exam would not reveal. Examples are forgeries on prior deeds, unreleased mortgages, missing heirs and spouses who did not convey their marital interests. We offer enhanced policies which also protect against survey defects and fraudulent attempts to sell your property after you buy it. Without the protection of title insurance, you would have to hire an attorney to defend against a title claim, and you could lose your home or have to pay the claim. The cost of title insurance depends on the price of the property, the amount of the mortgage, and the state or region where the property is located. Title companies usually provide a title insurance quote based on the property’s value.
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A title search is an examination of public records to determine the legal ownership of a property. It uncovers potential issues such as liens, unpaid taxes, or conflicting claims of ownership. A title search ensures that the seller has the legal right to sell the property and that there are no outstanding issues, such as unpaid mortgages, liens, or disputes regarding ownership that could affect the buyer’s ownership interest in the property.
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Closing costs are fees associated with finalizing the sale of a property, which may include title search fees, closing fees, title insurance premiums, recording fees, and escrow charges. These costs can be paid by either the buyer or the seller, depending on the terms of the sale agreement. If you have a lender, closing costs could also include fees associated with the loan.
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The length of the title process can vary by transaction, but it generally takes anywhere from a few days to a few weeks, depending on the complexity of the title search.
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If a title issue is discovered during the search, we will touch base with the respective parties to determine the best course of action to resolve it. In some cases, the deal may need to be delayed or canceled if the issue cannot be resolved.
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Our attorneys are experienced in helping facilitate the resolution of title issues or disagreements among parties to a real estate transaction. We normally represent the lender, if there is one. At times, we represent buyers or sellers in a transaction. Regardless of who we represent, we can help you find representation or work with all parties to try to resolve issues.
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We can arrange for a mobile notary at a location of your choice. We make sure that fraud security measures are in place, with companies like CertifID and Intellicheck.
Investment Transactions
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A 1031 Exchange allows investors to defer paying capital gains taxes on the sale of a property by reinvesting the proceeds into a like-kind property. This tax-deferral strategy can be extremely beneficial for real estate investors looking to reinvest without immediately incurring tax liabilities. Our firm can help guide you through the complexities of structuring a 1031 Exchange to meet all IRS requirements.
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Forming an LLC (Limited Liability Company) is a popular method for protecting personal assets and structuring real estate investments. Our firm can guide you through the LLC formation process, including drafting operating agreements, filing the necessary paperwork with your state, and ensuring your LLC is set up to protect your interests.
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Yes, transferring real estate into an LLC is common for individuals looking to protect their personal assets or improve the management of rental properties. We help you understand the process, including any tax implications and the necessary steps to ensure that the transfer is legal and efficient.
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There are several ways to protect your real estate investment, such as forming an LLC, securing appropriate insurance, conducting thorough due diligence, and drafting clear, well-structured contracts. Our firm can assist you with these steps to help mitigate risks and protect your interests.
Wills
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While it's not required to have a lawyer, it is highly recommended. A Will is a crucial document that determines how your estate will be distributed after your passing, and who will be in charge of your affairs. Our firm can ensure that your Will is legally valid, that your wishes are clearly expressed, and that all necessary legal requirements are met to avoid potential complications in probate court.
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Yes, you can amend or update your Will at any time. If you want to make minor changes, you can execute a Codicil (an amendment to the Will). If the changes are more significant, you may want to consider drafting a new Will. We can assist in reviewing your Will to ensure your wishes are properly documented.
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If you pass away without a Will (intestate), state law will determine how your assets are distributed. This can result in an outcome that doesn’t align with your wishes. Having a Will in place ensures that your estate is distributed as you desire and that your family is not left dealing with unnecessary complications. It also allows you to appoint an Executor of your choosing, and to set up a trust for minor children.