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| Items to Locate and Deliver to your Attorney |
- Deed to the property.
- Most recent survey of the property.
- Certificates of Occupancy and/or Certificates of Completion.
- Fire Underwriter's Certificates.
- Old Title Insurance Report or Title Insurance Policy.
- Proof of satisfaction of any judgments against you or liens against the premises (other than your existing mortgage).
- Name of lender and account information for your existing mortgage.
- Death Certificate of spouse or parent from whom you obtained Title.
- Last Will and Testament of spouse or parent from whom you obtained Title.
- Proof of payment of any estate taxes due on the death of your spouse or parent from whom you obtained Title.
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| Issues to Consider & Discuss with your Attorney |
- Have there been any improvements and/or additions to the premises for which a Certificate of Occupancy or Certificate of Completion is required? For instance, did you or the prior owner build a deck or enclose a patio? Is there a shed on the premises?
- Are the appliances and the electrical, heating, air-conditioning, and other mechanical systems in "working order?"
- Condition of property. How much effort and money are you willing to spend to fix up the property in order to sell it? Remember, the selling price is negotiable and will often reflect the condition of the premises.
- When do you wish to close? Where will you live after the closing?
- Will you need to stay in the house for a short time after the closing?
- If you have tenants, will they vacate in time?
- What are the capital gains tax implications of the sale?
- With regard to fences, who put them up? Are they on your land or your neighbor's? If on your land, does your neighbor know the land is yours? Does the existing survey reflect the fences?
- Are there any fixtures or items of personal property, for example, chandeliers or appliances that you wish to take with you?
- Sidewalks and tree roots. Have you been notified by the municipality to remove problem trees and/or repair a cracked sidewalk?
- The size of any underground oil tanks and the potential for seepage of contaminants into the soil. You may want to have it checked by an environmental specialist to determine if there is a problem.
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