Toolkit Outline

This toolkit provides practice tools to help lawyers respond to some common lender instruction requests in residential real estate transactions.

When responding to requests, limit the scope of your legal services to matters within your expertise. Restrict opinions to matters of law where you have conducted appropriate due diligence, and do not give opinions on questions of fact. When a request falls outside your expertise, provide the lender with applicable third party information, identifying the source. Avoid any implication that you have expertise in the matter. You should take the time to read Opinions on title or title insurance, which outlines the risks of providing an opinion on title to a lender when title insurance is in place.