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Real Estate
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Avoiding Real Estate Settlement Wire Fraud

Realtors: It’s all over the news here, here, and here. If you haven’t had the nightmare, someone you know has: your client receives an innocuous email and follow-up phone call from someone who claims to be from the Settlement Agent’s office updating their wire instructions. Wanting nothing to postpone the home purchase, your client complies Read More

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When Railroad Crossings Become a Real Estate Problem

Tucker’s Tips for Realtors and Lenders: Selling or Buying Land With A Railroad Crossing On It The Good News: Most railroad crossings in Virginia are over a state road and there are no issues with the legal ability to cross the railroad tracks (Just remember to obey the railroad signals and to look carefully both Read More

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VAR Contract & HOA Restrictions │ Attorney William D. Tucker, III

Tucker’s Tips  Tip 17-2016: VAR Contract and HOA Restrictions Tucker’s Tip 16-2016 discussed that in some situations where there is “no HOA,” there still may be a set of restrictions and covenants that limit the Purchaser’s use of the property. If a recorded set of CCRs or other type of restrictions governs property not in Read More

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No HOA – Double Check │ Attorney William D. Tucker, III

Tip 16-2016: NO HOA – Double Check! The VAR Contract, in Paragraph 23, “The Property Owners Association Disclosure”, indicates whether or not the property being purchased is within a Home Owners Association (HOA). However, just because the “Is Not Located” box is checked does not necessarily mean the property is free from a set of Read More

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William D. Tucker, III │ Last Minute Changes on the CD

Tucker’s Tips  Tip 13-2016:  TRID – Last Minute Changes on the CD Here is another example of why it’s important to stay flexible during the closing process now dictated by TRID regulations. Although lenders theoretically have to tell the Purchaser how much money is needed for the closing well in advance of the actual settlement, Read More

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William D. Tucker, III │Choose Your Own Settlement Agent

Tip 12-2016:  Choose Your Own Settlement Agent Never choose the settlement agent selected by the REO bank as the seller. That settlement agent’s primary relationship is with the REO bank. Tucker’s Tips encounters time and again how using the REO selling bank’s closing agent causes needless issues and delays for a settlement.  For example, we Read More

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William D. Tucker, III │Charlottesville Clerk’s Office Closed

Tucker’s Tips  Tip 11-2016:  Charlottesville Clerk’s Office Closed Thomas Jefferson’s birthday this year is on Wednesday, April 13th, 2016, and the Charlottesville City Clerk’s Office is closed that day. However, not ALL the local Clerk’s Offices are closed. The Albemarle, Fluvanna, Louisa and Greene County Clerk’s Offices will be open and available for recording on Read More

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William D. Tucker, III │Who is on Title to the Property?

Make sure the settlement attorney knows of everyone who will be on the deed to the property, especially if they are not going to be on the loan. Individuals who are not going to be on the loan are sometimes not listed in the contract. (In short sale and REO transactions, the deed into the Read More

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William D. Tucker, III │The TRID Experience

Tucker’s Tips   Tip 8-2016:  The TRID Experience – With the new TRID laws in place for over four months, Tucker’s Tips has made the following observations about how TRID is affecting settlements:  1.  Closings are taking about a week longer than before TRID. (This experience is apparently not just in our area. They are taking Read More

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William D. Tucker, III │Sharing Information Can Make TRID Easier

Tucker’s Tips   Tip 7-2016:  Sharing Information Can Make TRID Easier –  Navigating a closing with the new TRID laws can prove difficult, especially when completing the CD which requires more information than the HUD and/or GFE. Tucker’s Tips has found that including certain information in the Contract can help make the closing process under TRID Read More

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