Short Sale in Florida. Does Buyer need an attorney?

I am buying a house on short sale in Florida. There are 5 known liens put on the property, including unpaid taxes for the last year. I have a copy of HUD estimate approved by the seller’s lender. So I know all lien holders. I also can do the last minute search on the Internet right before the closing in order to avoid any surprises. In this situation, do I need a real estate attorney to make sure all liens are satisfied and I get the property with the marketable title? Or closing title company can handle all this issues? My real estate agent advises to hire an attorney for the flat fee of $1,000. Will it be a waste of money in Florida? Thank you! I guess, my question is What value will a real estate attorney add to the short sale process? I can search public records for new liens right before the close, make sure that they are satisfied at closing, and then check public records if my purchase is properly recorded. Also, what are the legal mechanisms available to protect me from the new liens? Thank you all for your ANSWERS! Just closed on this home purchase. We hired an attorney and made the lender pay for it. Strongly recommend getting an attorney for the buyers. Our attorney not only negotiated the fees but also make a lot of amendments to the documents. Saved us a lot of money. Hope this info is helpful for people dealing with short sales. Thanx All.

Public Comments

  1. The purpose of hiring a lawyer is to protect yourself. It's your choice.
  2. In can't hurt to hire the attorney, although as long as you are going through an escrow company, you should be covered. Make sure that you choose the extended title policy which will cover you in case a lien suddenly pops up on title. For example a mechanic's lien that hasn't been filed yet. (Please check with your local title company to see if that's accurate, my knowledge base if for CA real estate).
  3. Look at it this way. Your attorney will do the same thing you stated in your question..............then send you an invoice for $1,000.........think about it. Personally, I would put the property in a land trust as soon as possible so no more liens can be attached to it. Then you can go to the closing table confident that all the liens that are already attached to the property will be satisified at the close.
  4. 1k to protect yourself and you call it a waste of money. It may be the wisest 1k you ever spend. Your agent is correct, listen to them.
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