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Sellers Real Estate Closings 101

Selling a home is an exciting time period.  A home sale also can be a stressful process especially without a skilled house closing attorney.  Sean Roberson and Gateville Law Firm are experienced real estate closing attorneys serving residents in and near Shorewood, Joliet, Aurora, Montgomery, Oswego, Plainfield, Crest Hill, Yorkville, and Minooka. 

Working with a skilled and experienced real estate closing attorney provides peace of mind.  Sean Robertson will spearhead and coordinate the real estate closing process, so your house closing experience is a good experience.  As an experienced closing attorney, Attorney Robertson values a smooth and organized house closing experience.  Gateville Law Firm and our team of staff will work with all parties to make sure deadlines are followed and the home selling process is smooth and easy.

What is a Real Estate Closing?

A real estate closing is the date, time, and location where the house sale and transfer process is completed.  The seller has the key closing documents signed and transfer title to the buyers in exchange for the purchase price.  At the closing, the mortgage company will inspect the documents that they buyer signed at closing such as a mortgage, a promissory note, and other closing disclosure documents.  The mortgage company has their underwritten team review the closing paperwork and will fund the transaction through a wire transfer upon the successful completion of the closing paperwork.  The closing is generally set forth in the initial real estate purchase agreement.  It is customary that closing dates are changed due to the buyer’s financing schedule.  One of the roles of the seller’s attorney is to facilitate the closing process and work with the lender and title company to assist in meeting the closing deadline.

What Happens at Closing?

At closing, the title company will have prepared the master closing statement and title commitment.  The title commitment contains the contractual rights and obligations of the sellers and buyers involved in the real estate closing transaction.  Furthermore, the necessary repairs must have been completed prior to the closing.  The seller’s attorney also will have the original survey available to prove to the buyer that the seller is transferring good and marketable title.  Closing disclosures and additional title related documents at signed by all parties.  The buyers have the most difficult job because the seller’s attorney’s work was completed prior to closing. 

Prior to closing, the seller’s attorney will prepare the Warranty Deed, Affidavit of Title, Bill of Sale, the proposed closing statement, and other necessary documents to successful close on time. 


To successfully close, the sellers must pay off all mortgages, second mortgages, judgments, and homeowners fees among other things.  The Title Company facilitates the closing process on the closing day and prior to the closing day.  The Seller’s Attorneys order title from the Title Company and the Title Company provides a history of the property.  At this point, the Seller’s attorney or his or her staff examine the real estate title to identify all unpaid real estate taxes, judgments, liens, homeowners’ associations, and other items, which are relevant to the closing.

At this point, the Seller’s attorney emails back the Title Company and the Title Company prepares a preliminary title commitment.  The preliminary title commitment outlines the conditions, which must be satisfied by the Title Company in order to successfully close.  Sean Robertson and his team of staff work closely with the Title Company to timely clear all items of concerns prior to closing.

Certain items such as mortgage payoff letters, homeowners’ bylaws and other related documents, must be completed prior to closing.  Furthermore, in order to obtain real estate transfer taxes from the appropriate municipality (if applicable), the seller must provide written instruction as required by the municipalities to gain the clearance necessary for a proper closing.  The Seller or their representative cannot obtain the necessary real estate transfer stamps if the municipalities requirements are not met (if applicable).  Generally, a MyDec is required to be properly filled out as well, which will identify the appropriate city and state real estate transfer taxes.  Real estate transfer taxes are a tax imposed on the sale of real estate.


Sean Robertson and Gateville Law Firm are passionate about real estate law.  We provide skilled and responsive legal service to sellers and buyers of residential real estate in the Will County, Plainfield, and Shorewood area.  Sean Robertson is a graduate of DePaul University College of Law and University of Illinois at Urbana-Champaign.  Attorney Robertson may be reached at 630-780-1034.

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Yorkville, Illinois 60560