Buyer Presentation_Sold by Curt and Heather

Page 1

Your Home Buying Guide

Sold by Curt and Heather | Clocktower Realty Group 1709 E. Franklin Street, Richmond, VA 23294 www.SoldByCurtAndHeather.com

HEATHER REICHSTETTER

CURT REICHSTETTER Associate Broker,

REALTOR®,

CSP, SFR, SRES

(804) 370-1210 Curt@CurtSellsRVA.com

Associate Broker, REALTOR®, SRES, ABR

(804) 836-5042 Heather@HeatherSellsRVA.com


TABLE OF CONTENTS

Home Buying Process

Resources

Step-by-Step Flowcharts

Finding Your Right Home Your Home Search

Financing

Home Buying Checklist

Pre-Approval Process

Thank You!

Types of Mortgages

Testimonials

Ten Commandments

Glossary of Terms

About Us Our Team REALTOR® on Your Side Transaction Management

Education is the Greatest Investment You Can Make When Buying or Selling a Home


THE PRE-APPROVAL PROCESS

The Pre-approval Process is the FIRST Critical Step in Purchasing Your New Home

Having a pre-approval letter from your lender is most often a requirement when putting in an offer on a home. It tells the seller you are a ready, willing and able buyer and may help you if it's a hot property with multiple offers.

Purchasing a home with a LOAN: ❖ You will work with a lender to help define a budget, understand closing costs and secure a mortgage interest rate. ❖ You can prepare ahead of time by locating the necessary documents needed by the lender, such as tax filings, bank statements and pay stubs.

Purchasing a home with CASH: ❖ Even if you are not using a lender, you will need to provide a proof-offunds letter from your financial institution.


TYPES OF MORTGAGES Conventional Mortgage

VA Mortgage

❖ Fixed rates

U.S. Department of Veterans Affairs

❖ Minimum 5% down payment

❖ 100% financing for veterans

(10% minimum for condos)

❖ No monthly PMI required

FHA Mortgage

VHDA Mortgage

Federal Housing Administration

Virginia Housing Development Authority

❖ 3.5% down payment

❖ Offers first time home buyers (only)

❖ Seller can pay up to 6% toward closing costs ❖ Monthly PMI (Private Mortgage Insurance)

loans with minimum down payment. ❖ Income restrictions apply

ARM Mortgage

USDA Mortgage

Adjustable Rate Mortgage

United States Department of Agriculture

❖ Provides a lower fixed rate for the initial

❖ 100% financing in rural areas (only)

term of the loan (3, 5, 7 or 10 years) ❖ Rate then adjusts annually

Please note that this is a basic guideline of various mortgages. All terms, costs, and conditions should be confirmed with your lender while determining the best mortgage loan program for you.


THE TEN COMMANDMENTS When Applying For A Real Estate Mortgage

1. Thou shalt not change jobs, become self-employed or quit your job. 2. Thou shalt not buy a car, truck or van (or you may be living in it!) 3. Thou shalt not use charge cards excessively or let your accounts fall behind. 4. Thou shalt not spend money you have set aside for closing.

5. Thou shalt not omit debts or liabilities from your loan application. 6. Thou shalt not buy large purchases (e.g., furniture, home electronics, etc.) 7. Thou shalt not originate any inquiries into your credit. 8. Thou shalt not make large deposits without first checking with your loan officer. 9. Thou shalt not change bank accounts. 10. Thou shalt not co-sign a loan for anyone.


THE HOME BUYING PROCESS 1. YOUR HOME SEARCH & MAKING AN OFFER BUYER CONSULTATION What are you looking for in your new home? Explain the buyer process and answer your questions.

LOAN PRE-APPROVAL We always recommend that you shop around for the best deal. We have great lending partners that we can recommend to get you started.

HOME SEARCH In today's market, over 80% of buyers will find their new home on the internet. There are many websites you can look at, including our own at www.SoldByCurtAndHeather.com, to view listings for sale in the area. We can also set you up with a home search from our MLS (Multiple Listing Service) to send you an email alert when homes matching your criteria come on the market.

MAKE AN OFFER

COUNTEROFFER | ACCEPTED

Negotiate counteroffer until an accepted agreement is reached or not.

BINDING CONTRACT

|

REJECTED

Start over with a new offer or move on to another home.


THE HOME BUYING PROCESS 2. RATIFIED CONTRACT

BINDING CONTRACT Congratulations! You are under contract to purchase YOUR new home! The price, terms, and conditions have all been negotiated and agreed upon.

EARNEST MONEY DEPOSIT This is money that you provide at the time we go under contract to demonstrate your commitment to the purchase. Usually it is between 1-2% of the sales price and usually paid by check. These funds will be counted towards your down payment at closing.

COMPLETE LOAN PROCESS Once your contract is ratified you will continue with the loan process. You may be asked to provide more documents or complete more paperwork. The lending team will continue to process your application and work with your closing agent throughout the transaction.


THE HOME BUYING PROCESS 3. HOME INSPECTION PERIOD

BEGINNING OF INSPECTION PERIOD We will have negotiated a period of days between 10 – 15 for your due diligence period. During this time, you will have the opportunity to order a home inspection and any additional inspections for issues such as radon, and mold. You may choose to have a survey completed of the property to determine exactly how much land you are purchasing.

END OF INSPECTION PERIOD Before the end of this period you may choose to negotiate with the seller to have them fix items found during inspections that are considered defects.

4. CONTINGENCIES

REMOVAL OF CONTINGENCIES All contingencies written into the contract must be removed before closing. These may include items such as inspections, appraisals and financing. Inspections may include the home itself, the well and septic, a termite report, radon, survey, or anything else the buyer may wish to clarify. If you are getting a loan, it's most likely that your lender will require that the home appraise for at least the purchase price value. This will be determined by a licensed appraiser of the lender’s choosing. The financing contingency simply refers to the lender being satisfied that you qualify for the loan

and is often the last contingency to be cleared.


THE HOME BUYING PROCESS 5. CLOSING

CLEAR TO CLOSE This is the green light from your lender that your loan has been approved. You will receive a Closing Disclosure Statement no later than 3 days prior to closing which we will review to confirm that all numbers are correct including purchase price, any concessions given by the seller and all closing costs to you.

CLOSING COSTS Your lender will discuss these costs at length with you but generally include your down payment

(minus earnest money), loan origination costs, closing fees, and any portion of the taxes or utilities owed. These funds will need to be wired to the closing agent the day before closing.

CLOSING DAY Together we will do a final walk through of the home before meeting with your closing agent to sign the final paperwork and receive the keys to your new home.


ABOUT US CURT REICHSTETTER Associate Broker, REALTORÂŽ, CSB, SRS Past President, Richmond Association of Realtors

Curt has been a licensed Realtor for over 30 years and an Associate Broker for over a decade. He has the experience to get even the most complicated real estate deals done. Curt served as the 2019 President of the Richmond Association of Realtors (RAR) and currently sits on the Board of Directors of the Virginia Association of Realtors (VAR) and is a member of the Housing Opportunity Committee at the National Association of Realtors (NAR). He also resides on the Legislative Committee of the Home Builders Association (HBAR). Curt is also an advocate for homeowner rights by serving as a trustee on the Realtors Political Action Committee at both the state and local level. Cell: (804) 370-1210 | Email: Curt@CurtSellsRVA.com

HEATHER REICHSTETTER

Associate Broker, REALTORÂŽ, SRES, ABR, SRS Heather joined Curt in the real estate business shortly after they were married after many years in research at VCU. She serves on the Legislative Committee of the Richmond Association or Realtors (RAR) and recently participated in the Leadership Development Academy. Together, they make up your real estate dream team. They both annually receive Outstanding Production and Honor Society Awards from their local association. This is a representation that they will work hard as your advisors and advocates throughout your transaction and continue to be there for you after the deal has closed.

Cell: (804) 370-1210 | Email: Heather@HeatherSellsRVA.com

Licensed in the Commonwealth of Virginia


AN EXPERIENCED REALTOR® ON YOUR SIDE As a licensed real estate professional, we provide for you much more than the service of helping you find your ideal home – we are professional, knowledgeable REALTORS® you can trust to guide you through the entire transaction process.

DID YOU KNOW… According to the National Association of REALTORS® (NAR), there are at least 184 distinct steps performed in order to close a single real estate transaction! A REALTOR® spends numerous hours to complete each of these steps and can save you endless amounts of time, money and frustration. The quality control a licensed real estate professional administers during a transaction also helps buyers and sellers avoid many potential setbacks.

Remember, the listing agent represents the seller first and foremost. You want to have a professional in your corner to make sure that your purchase is to your benefit.


TRANSACTION MANAGEMENT APRIL LANE

Owner, Trinity Transactions LLC April closes, on average, 120+ deals a year. Over the course of the past 10+ years, that’s a lot of

transaction scenarios she's seen! This experience has provided a lot of insight along the way and the ability to think outside the box. She has a solid system in place for each type of transaction, finetuned over many years of handling deals from start to finish. It keeps you, as clients, feeling like you are kept in the loop each and every step of the way, incorporating friendly reminders along the way!

Here are some ways that she helps assist us: •

Ensuring that throughout the process all documents are sent to the Closing Attorney and/or Title Company on your behalf.

Coordinating with you to arrange scheduling home inspections

Ordering of HOA Documents.

Ordering of termite Inspection, well & septic Inspection., and home warranty

Obtain required public information from governmental entities, if requested by Agent.

Coordinating any pro-rations for propane, oil, etc. that may be required.

Regular check-ins with the Buyer’s Lender (either side) to ensure we’re on schedule for closing.

Help with coordinating scheduled work needed to satisfy inspection contingency, collecting of invoices to ensure vendors are paid and/or POC.

Reminder to call for moving quotes and to call utilities prior to closing.

Sending change of address checklist prior to closing.

Coordinating closing time between all parties and/or deed signing for Sellers.

When and what to expect for the final walk through as well as coordinating with all parties for walk through date and time.

Coordinating with the closing attorney and/or title company to ensure Seller’s proceeds are disbursed.

Email: April@TrinityTransactionsLLC.com | Website: www.TrinityTransactionsLLC.com


YOUR HOME SEARCH 1.

Where do you want to buy property?

2.

Is there any specific part of the area or neighborhood that you prefer?

3.

Is there a specific school or school district you’d prefer to live in/near?

4.

How soon do you want/need to be in a new home?

5.

How long have you been looking for a home?

6.

Have you been to see any homes?

7.

Why have you decided to move?

8.

Do you need to sell a property before you can purchase another? □ Yes

9.

□ No

□ Yes

□ No If yes, did you see any that you like?

□ Currently On Market

Are you currently in a lease? □ Yes

□ No

If Yes, when does it expire?

10. Are you interested in a newly built home, a resale home, or both? □ New □ Resale

□ Both

11. Are you open to doing renovations? □ Yes

□ No


HOUSE HUNTING CHECKLIST BASIC REQUIREMENTS: Minimum Bedrooms: _______

Minimum Bathrooms: _______

Minimum Size : _______ sq. ft.

FEATURES:

(Circle and check “must haves”, check “nice-to-haves”, and cross off things you don’t want.)

Structural

Interior

Location

❑ Garage (Min. Cars_____)

❑ Hardwood Floors

❑ Waterfront

❑ Single Story

❑ Open Floor Plan

❑ City Views

❑ Multiple Stories

❑ 1st Floor Master

❑ Quiet Street

❑ Basement

❑ Granite Countertops

❑ Cul-de-Sac Lot

❑ Gas Cooking

❑ Strong Schools

Exterior

❑ Eat-in Kitchen

❑ Association Amenities

❑ Deck

❑ Laundry Room

❑ Walking Neighborhood

❑ Porch/Sunroom

❑ Walk-in Closet(s)

❑ Patio

❑ Fireplace

❑ Pool

❑ Formal Dining/Living

❑ Fenced-in Yard

❑ Rec/Bonus Room

❑ Shed/Workshop

❑ Finished Basement

❑ Garden/Landscaping

❑ Handicap Accessible

❑ Paved Driveway

OTHER:


THANK YOU! Thank You for your time meeting with us today as you consider us to be your real estate professionals! You are about to embark on the exciting journey of finding your ideal home. Whether it is your first home or your tenth home, a retirement home, or an investment property, We can help you find the ideal home with the least amount of hassle. We are devoted to using our expertise and the full resources of our team to achieve these results. Our goal is to provide you and your family with professional service, utmost trust, loyalty, and complete confidentiality during our real estate transaction.

Purchasing a home is a very important decision and a big undertaking in your life. In fact, most people only choose a few homes in their lifetime. We are going to make sure that you are well equipped and armed with up-to-date information for your big decision and will guide you through every phase of the home-buying process. Please keep this packet to use during your home-buying process as an invaluable guide on your home-buying journey. This packet gives you helpful information for both during and after your transaction. Use its reference pages, explanations, and areas for notes and important dates to help you stay organized. So let’s take an exciting journey together! We look forward to meeting your real estate needs every step of the way!

Curt & Heather


TESTIMONIALS "Beyond words of gratitude, the professionalism and trustworthy service this gentleman and his wife has shown towards me as a buyer of a home. I am overjoyed with satisfaction in buying my home because of Curt. Indeed a professional and highly recommend him to anyone in search of a home.“

~ Xavier L. (Buyer) "If you are on the fence about who to choose as your realtor, stop right here! Curt and Heather were so amazing when it came to handling our affairs buying our first home. They were a quick phone call, text or email away any time we needed them. Jesse and I couldn't of asked for a better experience or realtors!" ~ Alexandria P. (Buyer)

"Curt and Heather Reichstetter are the best! We relocated and had a extensive home search that lasted months, followed by an extremely difficult closing - with a seller's agent who was not helping either. Curt was patient, professional, responsive and extremely helpful through the entire process. I would never recommend a different realtor in the Richmond market. Hands down the best there is." ~ Michael S. (Buyer) "Curt and Heather are world class. This is our 3rd home purchase, and far and away y'all are the best realtor's with whom I've worked. Great service from start to finish."

~ Mike (Buyer) "They helped me get a house, when I doubted that I'd even qualify for a mortgage to begin with; Curt was great!" ~ Jen C. (Buyer) "Curt Reichstetter recently helped us to buy a very unique historic property. The deal was extremely complex due to the innumerable eccentricities of the property. Curt's tireless persistence and attention to detail helped us to successfully leap various hurdles and make this purchase possible. He spent many, countless hours working on the deal for us and visited the property dozens of times to help us to gain access for contractors, inspectors, historians and to help answer our own questions. Even after closing, he has been extremely prompt in correspondence and eager to help us address the many complex details of this purchase. Curt has been friendly, courteous, knowledgeable, and helpful and I highly recommend his service as a real-estate agent. He takes his job seriously and works diligently for his clients, and it shows that he enjoys the work he does." ~ Gananath G. (Buyer)


TESTIMONIALS "I couldn't have asked for a better selling experience with Curt. I sold my home only 12 hours after putting it on the market and ended up with an offer that was higher than asking price. I recommend Curt to anyone buying or selling in Richmond!“ ~ Morganne P. (Seller) Curt and his team have been nothing but helpful during my first home-selling experience. Right away, they nicely made suggestions that would help with the sale of the house and seemed very knowledgeable of the area and had comps on hand to help come up with a good selling price during our first meeting. Even when it seemed that there wasn't much interest in my place after listing, they never gave up and pushed to find a buyer. My house actually sold quicker than I thought it would! The sale process went smoothly. Curt and his team were always quick to respond whenever I had a question, and if he was busy, he always let me know the soonest he'd be available. And just seems to be an all around nice guy. A pleasure to work with.“

~ Melissa E. (Seller) "Curt helped us buy and sell our homes. He made it all happen and advised us every step of the way. And it was great advice too. He worked through all of the inevitable issues with us. He was supported by April Lane who was also great and advocated for us. A very pleasant experience. And we strongly recommend the team including Blake Poore, April and Curt.“ ~ Joyce & Jeremy L. (Buyer & Seller) “It has been great working with you! We really appreciate you going the extra mile for us in every way. Jeremy and I are really happy with the way things have worked out! Thanks for the champagne, nice touch!“ ~ Joyce L. (Buyer) "Curt was very accommodating throughout my home buying process. The deal was very complicated and unorthodox, and Curt was instrumental to our ability to make it happen. He gladly put in a lot of extra time helping us, and I would not hesitate to recommend him or to use him again if I am ever to purchase another home.“

~ Kevin D. (Buyer) "Curt did a wonderful job taking me around and showing me all of the houses that interested me. He spent a lot of time walking me through the home-buying process and giving me honest opinions to all of my questions. I could not have asked for better support.“ ~ Hadeel A. (Buyer)


TESTIMONIALS "Many thanks go out to Curt for his help in my extensive property search. I was very picky and cheap. He remained patient throughout the process and exercised concern when he felt something was amiss or if he truly felt a certain property was not for me. He often thought of me first when previewing certain properties due to his preparation and extensive knowledge of what I was looking for in a house.“ ~ Jeffery & Elizabeth W. (Buyer) “Curt was a joy to work with. He was always available and helpful. He steered me away from things he should have and ultimately helped me find the perfect house!“ ~Jackie D.(Buyer) “I just wanted to thank you for all the hard work. You guys did a great job managing the sale process and I couldn't be more pleased with the result. The sale price and time to close both exceeded my expectation and I am sincerely appreciative. Should you ever need a referral from a former client, please don't hesitate to reach out - you'll receive a glowing review.” ~ Bruce S. (Seller) "Working with Curt Reichstetter and April [Lane] during my recent homebuying experience was really terrific. I'd recommend this team of professionals to anyone in search of a new home. April really stepped up and 'dug her heels in' on my behalf during the closing process, turning what might have been a loss into a win. I'm very grateful to both Curt and April for their knowledge and expertise to bring the sale over the finish line!“ ~ Marilyn S. (Buyer) "Curt [Reichstetter] helped us to purchase our sixth property and he is by far the best realtor we have ever used. He was extremely knowledgeable about the properties he showed us as well as informative about the area. Curt was very responsive to questions we had and was a pleasure to work with. He went above and beyond what we expected from an agent, even helping us to get settled in long after the closing. We highly recommend Curt to anyone and would certainly call on him in the future.“ ~ Barry & Vanessa (Buyer)

"I just wanted to thank both of you (Curt [Reichstetter] and April [Lane]) for your hard work on this crazy transaction. I can't wait to do another under more conventional circumstances, but you both are the reason this closing happened. Thanks again!“ ~ Mike, REALTOR® (Seller)


TESTIMONIALS "Curt [Reichstetter] was great from the start, and I really felt that he went above and beyond my expectations. He was very knowledgeable about the various neighborhoods that we looked at and had a ton of great advice. I was looking primarily at some very old houses, and he had a mountain of information and insight into all of the extra complexities that that added as well. I felt that I was in very good hands throughout the search, negotiations, closing process, etc. Even after the closing when I had some minor issues with public works, he stepped in and helped take care of it for me so that I could concentrate on the move. I really can’t say enough positive things about Curt. If you’re looking for a home in the city of Richmond and you’re considering working with anyone else, you’re probably doing yourself a disservice... “ ~ Tyler S. (Buyer)

"I don't really need to do much actually, and Curt [Reichstetter] taught me a lot of things on purchasing my own home. This is my first time purchasing my own place and it didn't take long for him to show me a place I like.“ ~ Terry S. (Buyer) “Well – we’ve done it again! I cannot thank you enough for the assistance with my daughter’s first home. I apologize for the sheer number of properties she wanted to see but thank you very much for being patient with her as she accomplished something so huge! She was very stressed and you all made her feel safe making such a life changing decision. Also wanted to thank you for exhibiting the same patience and helpfulness with my parents. They are very happy with their new place and it would not have happened had you not been so great about exploring our options every day. They too felt quite well cared for by your team. So I believe that makes a total of 5 or 6 transactions between my family and I. The only one left is my son….and I’m working on him. You guys are awesome! I wouldn’t think of using anyone else. Thank you for taking such good care of all of us!“ ~ Theresa (Buyer) "Your team did a great job selling our condominium. They put together a professional website, interfaced with prospective buyers and their agents, and negotiated effectively on my behalf“ ~ Tom & Mary (Seller)


GLOSSARY OF TERMS ABSTRACT OF TITLE: A complete historical summary of the public records relating to the legal ownership of a particular property from the time of the first transfer to the present. ADJUSTABLE RATE MORTGAGE (ARM): Also known as a variable-rate loan, an ARM is one in which the interest rate changes over time, relative to an index like the Treasure index. AGREEMENT OF SALE: Also known as contract of purchase, purchase agreement, or sales agreement according to location or juris- diction. A contract in which a seller and buyer agree to transact under certain terms spelled out in writing and signed by both par- ties. ASSESSED VALUE: The value placed on a home by municipal assessors for the purposes of determining property taxes. CLOSING: The final steps in the transfer of property ownership. On the Closing Date, as specified by the sales agreement, the buy- er inspects and signs all the documents relating to the transaction and the final disbursements are paid. Also referred to as the Settlement. CLOSING COSTS: The costs to complete a real estate transaction in addition to the price of the

home, may include: points, taxes, title insurance, appraisal fees and legal fees. CONTINGENCY: A clause in the purchase contract that describes certain conditions that must be met and agreed upon by both buyer and seller before the contract is binding. COUNTER-OFFER: An offer, made in response to a previous offer, that rejects all or part of it while enabling negotiations to contin- ue towards a mutually-acceptable sales contract. CONVENTIONAL MORTGAGE: One that is not insured or guaranteed by the federal government. DEBT-TO-INCOME RATIO: A ratio that measures total debt burden. It is calculated by dividing gross monthly debt repayments, including mortgages, by gross monthly income. AMORTIZATION: The process of reducing the principal debt through a schedule of fixed payments at regular intervals of time, with an interest rate specified in a loan document. 20


GLOSSARY OF TERMS APPRAISAL: A professional appraiser’s estimate of the market value of a property based on local market data and the recent sale prices of similar properties.

DOWN PAYMENT: The money paid by the buyer to the lender at the time of the closing. The amount is the difference between the sales price and the mortgage loan. Requirements vary by loan type. Smaller down payments, less than 20%, usually requires mortgage insurance. EARNEST MONEY: A deposit given by the buyer to bind a purchase offer and which is held in escrow. If the property sale is closed, the deposit is applied to the purchase price. If the buyer does not fulfill all contract obligations, the deposit may be forfeited.

EQUITY: The value of the property, less the loan balance and any outstanding liens or other debts against the property. EASEMENTS: Legal right of access to use of a property by individuals or groups for specific purposes. Easements may affect prop- erty values and are sometimes part of the deed. ESCROW: Funds held by a neutral third party (the escrow agent) until certain conditions of a contract are met and the funds can be paid out. Escrow accounts are also used by loan servicers to

pay property taxes and homeowner’s insurance. FIXED-RATE MORTGAGE: A type of mortgage loan in which the interest rate does not change during the entire term of the loan. HOME INSPECTION: Professional inspection of a home, paid for by the buyer, to evaluate the quality and safety of its plumbing, heating, wiring, appliances, roof, foundation, etc.

HOMEOWNER’S INSURANCE: A policy that protects you and the lender from fire or flood, a liability such as visitor injury, or dam- age to your personal property. LIEN: A claim or charge on property for payment of a debt. With a mortgage, the lender has the right to take the title to your prop- erty if you don’t make the mortgage payments. MARKET VALUE: The amount a willing buyer would pay a willing seller for a home. An appraised value is an estimate of the cur- rent fair market value.

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GLOSSARY OF TERMS MORTGAGE INSURANCE: Purchased by the buyer to protect the lender in the event of default (typically for loans with less than 20% down). Available through a government agency like the Federal Housing Administration (FHA) or through private mortgage insurers (PMI). POSSESSION DATE: The date, as specified by the sales agreement, that the buyer can move into the property. Generally, it occurs within a couple days of the Closing Date. PRE-APPROVAL LETTER: A letter from a mortgage lender indicating that a buyer qualifies for a mortgage of a specific amount. It also shows a home seller that you’re a serious buyer. PRINCIPAL: The amount of money borrowed from a lender to buy a home, or the amount of the loan

that has not yet been repaid. Does not include the interest paid to borrow. PURCHASE OFFER: A detailed, written document which makes an offer to purchase a property, and which may be amended sever- al times in the process of negotiations. When signed by all parties involved in the sale, the purchase offer becomes a legallybinding sales agreement.* TITLE: The right to, and the ownership of, property. A Title or Deed is sometimes used as proof of

ownership of land. Clear title refers to a title that has no legal defects. TITLE INSURANCE: Insurance policy that guarantees the accuracy of the title search and protects lenders and homeowners against legal problems with the title. TRUTH-IN-LENDING ACT (TILA): Federal law that requires disclosure of a truth-in-lending statement for consumer loans. The statement includes a summary of the total cost of credit.

TITLE SEARCH: A historical review of all legal documents relating to ownership of a property to determine if there have been any flaws in prior transfers of ownership or if there are any claims or encumbrances on the title to the property

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