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cabinfever2014 · Dec 17, 2014, 05:12 PM

The current owner of a property that I intend to buy is now living and working in AZ. The property is located in PA (same place I am). I intend to pay cash for the house and we do not want to involve any lawyers unless they are absolutely necessary. We will be signing a general warranty deed, and already have an agreement of sale in place. I have been living in and taking care of this house for the past year and am familiar with the residence and all work that is required.
The current owner is not in a position to take off from work at the moment to fly out here for a closing on the property. Can we transfer the property deed from different states?

LisaB4657 · Dec 17, 2014, 05:34 PM

Yes, you can do that but I strongly recommend that you get a title agency involved to do the actual closing for you. They will make sure that all necessary documents are signed and that there are no liens on the property. They will send the documents to the seller and the seller can sign them, have them notarized and then return them to the title agency for recording.

Fr_Chuck · Dec 17, 2014, 06:26 PM

Yes, it is easy, he will merely sign and have a notary at his location and they will send them back.

I will agree, use a title company or an attorney, the small cost of this, compared to the cost of a house, is well worth the investment. A minor error on the deed can cause all types of issues. Plus you will want to do a title search to be sure there is no unknown and past liabilities. I would also very strongly suggest title insurance.

AK lawyer · Dec 18, 2014, 07:08 AM

The mere fact that you ask the question you do (A closing doesn't require that both parties be in the same room at the same time; the closing agent or agents can close with you in Pennsylvania and the other party in Arizona.) makes it clear that you would be extremely foolish to try to do this without a lawyer or at least title company. Clearly you need professional guidance.

joypulv · Dec 18, 2014, 07:23 AM

And title searches are done at the last minute for a reason - a lien might be recorded between the time you search and the time you record your new deed.
The owner could owe back taxes, or he could take out a second mortgage, or an equity loan.. a contractor he owes money to could file a lien... he might be unaware, he might be aware. Never ever buy a property without a clear title. There can even be a very common other type of problem, a house in a deceased spouse's name that never went through probate. Less common, a glitch in a divorce. You can wait months for that to happen. There can be easements you don't know about, or mineral rights. PA might have plenty of mineral rights sold.

Then there's title insurance... I actually know people who had a house for years and didn't know there was a problem with the title until they sold the place... they showed up at the closing, expecting their big fat check, and were told they couldn't close. They had brought their title policy with them, and despite a lot of grumbling, the sale went through.

You can do a title search yourself if you really want, and examine the deed, all at the courthouse... but I agree with the others. It's foolish.

AK lawyer · Dec 18, 2014, 08:04 AM

Note that if you get title insurance, a title search will be done also. Insurance companies are not that crazy.

ScottGem · Dec 18, 2014, 11:23 AM

I'm curious as to why you don't want to involve attorneys. While there are bad, unethical or unscrupulous attorneys, most are decent people who's job is to make sure you are protected under the law. There are many issues that could crop up in terms of sales contract, title, obligations and responsibilities that an attorney will make sure you don't get caught up in. The cost of an attorney managing a closing is minimal for this protection.