Attorney’s Final Certificate

What is the use of Attorney’s final certificate?

The land contracts are very important things as they are one of the very important investments made on the part of the buyers. This type of deal must be made according to the rules and regulations of the state and most importantly in the presence of an attorney. Though you may think that in the closing there is no need of the attorney but it is at this time that the most important of all the papers are presented to you for the very first time by the seller and you must make sure that you have someone who s well versed with all the terminologies as well as the procedures. There is none other than the attorney who can handle the situation well. Also, you must understand that it is the attorney’s final report that is going to count in all the deals.

This report is basically about the title of the land or property. The attorney is authorized to search for any kind of exceptions, objections, defects, liens and encumbrances that may be associated with the property in question. Also the final report of the attorney includes comments of the attorney over the commitment of the owner of the property that may have been made in the past with a third party. This may cause a defect in the title and the attorney brings out the possibility of the same.

This work of the attorney can be done before, during and at the closing of the deal.

Attorney's Final Certificate

Attorney's Final Certificate

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Attorney’s final certificate.

The undersigned here certifies that from a personal examination of all public records affecting the title to the real estate described under Schedule A of this certificate, which sources of title information cover a period of not less than sixty years last past, it is the opinion of the undersigned that the marketable fee simple title to this property as of the date of this certificate, is vested in _________ subject to the security instrument, if any, set forth below, and liens, incumbrances and other exceptions set forth under Schedule B of this certificate.
The instrument(s) creating the estate or interest to be insured describes the property verbatim as set forth under Schedule A of this certificate, and is identified as follows:
For owner’s insurance $_____(purchase price).
1. Nature of instrument _________.
2. Grantors _________.
3. Grantees _________.
4. Dated _________, filed for record _________[date], at _________ o’clock —.m., recorded in _________ book, page _________, public records of _________ County, _________.
5. Estate or interest of grantee(s) _________(fee simple, leasehold, etc.). So far as known to the undersigned, said instrument was not given in contravention of the bankruptcy act.
For mortgagee insurance $_____(principal amount).
1. Nature of instrument _________. Is loan FHA insured? _________ VA insured? _________.
2. Mortgagors _________. (If mortgagor is a corporation, proper resolutions authorizing the execution of instrument should be furnished.)
3. Mortgagee _________.
4. Dated _________, filed for record _________[date], at _________ o’clock —.m., recorded in _________ book, page _________, public records of _________ County, _________.
5. Maturity _________(year only).
6. Have proceeds of loan been fully disbursed? _________.
7. Assigned by _________ to _________ by assignment dated _________, filed for record _________[date], at _________ o’clock —.m., recorded in _________ book, _________, page _________.
For mortgagee insurance the following information must be furnished. For owner’s or leasehold insurance, application will not be required if the following information is furnished:
(a). Has full consideration for the estate or interest to be insured been paid and disbursed to or for the account of the grantor and/or mortgagor? _________.
(b). Property is occupied by owner _________ tenant _________. If occupied by tenant, give parties, date and duration of lease. _________. Does tenant have renewal or purchase option? _________.
(c). Last improvements or repairs completed _________(month and year) and statutory lien period has expired _________ has not expired _________.
(d). Is insurance as to matters of survey required? _________.
The undersigned further certifies: (a) that, to his or her knowledge, there is no dispute among attorneys of the local bar as to the validity of the title to the real estate set forth under Schedule A of this certificate, nor has any question as to the validity of that title at any time been raised by other persons; and (b) that the title is in no way dependent upon the validity of a sale of the property for delinquent taxes or assessments.
(Note: The date of this certificate should be the date as of which you last examined the records for all matters affecting the estate or interest to be insured, and must include date of filing for record of instrument creating such estate or interest.)
This title is certified down to _________[date], at _________ —.m.
(Before signing, please check to see that all items under Schedules A and B have been answered in full.)
Address _________
_________[Approved attorneys]

By _________[Member of firm]

Schedule A.
Description of the property to be insured. Should present description differ from record description, please furnish copy on rider with notation pointing out reason.
Lying and being in the County of _________, State of _________, Township of _________, and being more particularly described as follows: _________[description].
Schedule B.
1. Taxes and special assessments.
(a). State, county, city and school taxes have been paid through and including those for the year _________[date].
(b). Taxes now due and payable: _________.
(c). Taxes which are a lien, but not yet due and payable: _________.
(d). Special levies or assessments now due: _________.
(e). Special levies or assessments payable in future installments: _________.
(f). Estate and inheritance taxes, state or federal: _________.
(g). Corporation franchise tax, if lien on real estate: _________.
2. Mortgages, deeds of trust, and vendor’s liens—other than instrument to be insured: (Give names of parties, amount, date and recording data. If assigned, give same information for assignment.)
3. Restrictive covenants and conditions: Are there any? _________. If so, attach verbatim copy and furnish brief abstract of instrument in which contained. Date of instrument _________, date filed of record _________, recorded in _________ book, page _________. Violated? Yes _________ no _________.
(a). Do restrictions contain reversionary or forfeiture clause? _________.
(b). If so, has such clause been released or subordinated in favor of mortgage? _________. (Attach copy of waiver or subordination showing record reference.)
In cases involving VA or FHA insured loans, has any restriction as to sale or occupancy of the property on the ground of race, color or creed been filed of record at any time subsequent to February 15, 1950? _________.
4. Does recorded plat show building restriction line? _________. If so, give details including place of record of plat. _________.
5. Are there any other easements, liens, objections or defects? _________. (If any, check and identify as to name of parties, date, recording data in space below.)
(a). —Mechanics’ or materialmen’s liens of record.
(b). —Easement, party wall agreements, encroachments.
(c). —Judgments or decrees, state or federal.
(d). —Income tax liens, state or federal.
(e). —Recorded leases or known unrecorded leases.
(f). —Decedent’s debts or unadministered estates.
(g). —Bankruptcy proceedings.
(h). —Oil and mineral rights.
(i). —Suits pending, state or federal.
(j). —Other matters not listed.
[In describing designate by letter.]
Note: If party wall rights or other easements in or over adjoining premises are being conveyed or mortgaged, have you examined the title to such adjoining premises and do you certify that unincumbered title to such rights or easements is vested in the seller or mortgagor? _________.