In King v. American General Finance, the South Carolina Supreme Court recently addressed the timeliness of the Attorney Preference Form. In the lower court, 11 of the 12 jurors found that the Attorney Preference Disclosure was provided on the day of closing, which the Court found to be too late and stated that providing the form at closing is "nonsensical." Accordingly, this form should be signed and dated with enough time before the loan closing to enable the borrower an opportunity to select and utilize a counsel of his or her choice.
This form, entitled Attorney/Insurance Preference Form (SCAIPC.MSC), is available in DocMagic's predisclosure and pre-closing loan packages. If you have any questions regarding this form, please contact DocMagic's Compliance Department.
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