Expert: Dick Dennis - 11/20/2008

Question
My husband and I just purchased a home in NC and signed closing paperwork remotely since we couldn't be there for the closing.  As with all of our previous home purchases and sales throughout our lives, we expected to receive signed copies of all of the closing paperwork after closing.  We received only a copy of the signed HUD statement and copies of maybe 2-3 other bits of the closing paperwork rather than copies of everything.  When we contacted the closing attorney's office, they said, "We usually do not make a copy of all the forms unless requested."  They did then send us copies after we made the request, but we also made a special request for copies (after the initial dearth of copies) from our lender, who were kind enough to send the full copy to us that they'd received, and we received about 30 more copies from the lender than we did from the closing attorney.  Further, the closing attorney said they would be sending an additional 2 pieces (groupings?) of paperwork to us within 2-3 weeks, to include a (deed?), which we still have not received.  We've never had a closing company send us paperwork after the fact, let alone weeks after the fact.  (A) Is not providing copies standard for some places and (B) Is it standard for some companies not to send a deed, etc., for weeks?  Again, this has never been our experience previously.   Thank you for your help!

Answer
You say that "with all of our previous home purchases and sales throughout our lives," but you seem to act like you are buying for the first time, Kate. I don't care how many pieces of paper there are in a transaction, I ALWAYS make my own copies of everything I sign in a transaction. I have been doing that since 1971.

An attorney knows better. Do not let him slough off his duties in this matter. He may be very busy, so give him a little more time. If you received more paperwork from the lender than the attorney, that means you have more coming.

As for the deed, it is not that important to have one, as most lay people think. You can always get a copy from the county recorder or even the title company that handled the title insurance. Very limited cost, if any. What you need is YOUR copy of the LOAN papers, including the trust deed note. In NC, the mortgage is actually what is called a note and trust deed. The trust deed is recorded in the county recorder's office (which means you can get a copy of that, too) but the note is not recorded. So make sure they do give you a copy of that. Without that, the lender cannot collect the debt. So, you can ask the lender for a copy of that at any time and they should be able to oblige.

After a couple of months, Kate, I am sure everything will pan out all right. It seems to me you come from a state where you are used to prompt service. When you move to another state, things are different. So, be patient. I do wish you well.

Dick Dennis