Attorney Review of Lender Documents

For those clients who prefer to use their own documents, Polunsky Beitel Green, provides a review of Texas mortgage loan closing packages by our staff of mortgage professionals. The Note, Security Instrument, and any applicable Riders for Texas loans are reviewed to comply with Texas law. Texas is an “unauthorized practice of law” state requiring that documents which pertain to the conveyance of real property be prepared or reviewed by a licensed Texas attorney.

The loan document package is reviewed for accuracy and compliance. The title commitment, survey, and contract are reviewed for defects or issues that might affect the lender’s lien position.

After review of all relevant documents, a pre-determined “short” package of supplemental Texas related documents is sent in a password protected format. This package is to be combined with the client’s document package which is presented to the borrower at closing.

This service is performed in 2 hours or less.

The Texas Statute is provided below:

§ 83.001. PROHIBITED ACTS.

(a)  A person, other than a person described in 
     Subsection (b), may not charge or receive, 
     either directly or indirectly, any compensation
     for all or any part of the preparation of a 
     legal instrument affecting title to real 
     property, including a deed, deed of trust,
     note, mortgage, and transfer
     or release of lien.

(b)  This section does not apply to:
          (1)  an attorney licensed in this state;
          (2)  a licensed real estate broker or 
               salesperson performing the acts
               of a real estate broker pursuant 
               to Chapter 1101, Occupations Code; or
          (3)  a person performing acts relating 
               to a transaction for the lease,
               sale, or transfer of any mineral
               or mining interest in real
               property.

(c)  This section does not prevent a person from
     seeking reimbursement for costs incurred by
     the person to retain a licensed attorney to
     prepare an instrument.