What to do if the attorney is stating that they will not be posting/recording a home closing on the day of closing?
Question Details: My daughter's attorney at the last minute is changing her closing date due to a "scheduling issue", Her original closing date was the 31st and now her closing attorney wants to schedule the closing on the 30th. When she asked if they would be taking ownership on the 30th of the property, following was the response, "We had a scheduling conflict on Friday, August 31st and asked the seller's attorney if you could move up the closing until August 30th. She was in agreement with same as long we did not record until August 31st as her clients would not be out on Thursday. We will sign you up on the 30th and will record on Friday morning. Until the deed is recorded, the seller is still the owner of the property". This does not sound in her best interest. I would like to know if this is something that she should be concerned about?
Yes, it is something she should be concerned about: she will be paying a lot of money and not getting the property right away. If for any reason the recording is not done the next day, she will have to bring a legal action to compel it. If they want to close on the 30th, it should be recording on the 30th; if the sellers need another day to move out, she can give them a use-and-occupancy agreement giving them the extra day (either with the paying her "rent" for the day or--if she doesn't care about one day and wants to be courteous--no "rent"). But your daughter should own the house the day she closes.