Thursday, October 17, 2013

E-Filing Deeds and Deeds of Trust: Buyers No Longer Have to Wait for Their Closing Attorney to Race to the Courthouse

Earlier this month, the Wake County Register of Deeds Office joined the ranks of North Carolina counties which now allow Deeds and Deeds of Trust to be electronically filed and recorded.  This development is a gigantic improvement upon the closing process and will allow Buyers who have just purchased a home to get their keys much quicker.

Before this announcement, Buyers would attend closing and review closing documents with their closing attorney.  After closing, their closing attorney would submit signed documents to the Buyers' mortgage lender for approval.  Once approved, said mortgage lender would then cause funds to be delivered to the closing attorney.  Once funds were received, the closing attorney would travel to the county courthouse, update his title search, and, finally, cause the Deed conveying title to Buyer and the Deed of Trust evidencing the security interest for the mortgage lender to be recorded.  For many Buyers, it was only after recordation that they would receive their keys and gain entry into their new home.  This process takes time, and, for some unlucky Buyers, this process could stretch into the next business day.

By allowing closing attorneys to electronically file, a timely trip to the courthouse is no longer a part of the equation.

The law firm of McCullers and Whitaker, PLLC, has been electronically filing in Johnston, Durham and Harnett counties for several years.  Our firm maintains an electronic link to the Administrative Office of the Courts to access their databases.  This additional expense allows our attorneys to update our title search from the comfort of our office.  If closing has been completed, funds received and funding approval given by our Buyer's mortgage lender, we can update our title search and electronically file the Deed and Deed of Trust.  On several occasions, we have been able to finalize a closing before our Buyers have left our office!

Here at the law firm of McCullers and Whitaker, PLLC, we have seen first hand how electronic filing is changing the normal time constraints of the closing process.  If you have any questions about electronic filing, please do not hesitate to CONTACT US TODAY at (919) 772-7000 (Wake County) or (919) 585-5501 (Johnston County), or email us via our Quick Contact.

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