Who may sign the motion?

The party with standing (buyer, seller, or their counsel) files the motion. If executed by an agent or corporate officer, include power of attorney or corporate resolution to show signing authority and avoid acceptance issues.

Is an e-signature acceptable?

Electronic signatures can be acceptable when the receiving court or escrow/title officer permits them and the record meets ESIGN/UETA requirements for intent, consent, attribution, and retention.

When is notarization required?

Notarization is generally required for affidavits, acknowledgements, and many deed signatures before recording; requirements vary by state and document type so confirm local recorder rules.

What if the recorder rejects the deed?

If rejected, obtain the recorder's rejection notice, address the stated defect (e.g., signature format, missing exhibit), and re-file promptly; coordinate with title to manage insurance implications.

Can I use Remote Online Notarization (RON)?

RON is accepted in many states that authorize it. Verify state RON rules and that the chosen provider meets identity-proofing and audio-video retention standards before relying on a RON acknowledgment.

How quickly will the court act?

Timing depends on local practice—some courts rule on written submissions quickly, others set short hearings. File early and include a proposed order to streamline issuance.

Electronic Signature
Templates
Legal
Real Estate Motion to Close

Real Estate Motion to Close

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REAL ESTATE MOTION TO CLOSE

This Real Estate Motion to Close (the Motion) is submitted by Movant: and Respondent: concerning real property described as: . The parties entered into a binding contract for sale on , and Movant requests entry of an order directing closing on or before .

RECITALS

WHEREAS, the parties executed a written purchase and sale agreement (the Agreement) for the Property described above, which sets forth the material terms, purchase price, contingencies, and obligations of the parties; and

WHEREAS, a dispute has arisen as to the timing and conditions for closing, but Movant asserts that all material conditions precedent to closing have been satisfied or waived and that Respondent is obligated to proceed to closing; and

WHEREAS, Movant seeks an order directing immediate closing, authorizing transfer of title, disbursement of funds held in escrow, and such ancillary relief as necessary to effectuate a sale consistent with the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and the relief requested, and subject to the terms set forth herein, the parties hereby stipulate and move the court for entry of an order as follows.

1. RELIEF REQUESTED

Movant requests that the trier of fact or the escrow agent enter an order directing the parties to proceed to closing of the sale of the Property on or before the Proposed Closing Date set forth above. Such order shall require Respondent to execute and deliver all documents necessary to convey marketable fee simple title to Movant by warranty deed (or other instrument of conveyance as required by the Agreement), free and clear of all liens and encumbrances except those permitted under the Agreement, and shall require the escrow agent to disburse funds in accordance with the escrow instructions or the terms of this Motion.

2. CLOSING PROCEDURES

a) Closing shall be conducted at the office of the escrow agent or other mutually agreed location. If no location is agreed, closing shall occur at the office of the designated title company or escrow agent identified herein: .

b) At closing, Respondent shall deliver to Movant a duly executed and recordable deed conveying title, all affidavits and certificates required by the title insurer, releases of any liens that are not permitted encumbrances under the Agreement, and any documents necessary to effect termination of existing mortgages if paid off from closing proceeds.

c) Movant shall tender the balance of the purchase price by wire or certified funds in an amount sufficient to satisfy all closing obligations and to permit recordation of the deed. Purchase price tender shall be made in accordance with Section 3 below.

3. PURCHASE PRICE AND FUNDS

The total purchase price for the Property is . Movant shall deposit with the escrow agent the earnest money and the remaining funds necessary to close in cleared funds no later than the business day prior to closing. The escrow agent is authorized to disburse funds in accordance with the escrow instructions attached to the Agreement or as directed by court order.

4. ADJUSTMENTS, PRORATIONS, AND TAXES

All customary adjustments and prorations for taxes, assessments, rents, utilities, homeowner association fees, and other items customarily prorated in real property closings shall be made as of the Closing Date. Unless otherwise agreed, real property taxes shall be prorated on the basis of the most recent tax bill and assessed values.

5. TITLE, CONVEYANCE, AND SURVIVAL

Respondent shall convey marketable title by general warranty deed (or other conveyance as required by the Agreement) free and clear of any liens or encumbrances except those expressly permitted by the Agreement. Title defects disclosed by a title commitment shall be cured by Respondent prior to or at closing, and the obligations of the parties under this Motion shall survive closing to the extent necessary to effectuate recordation and post-closing adjustments.

6. CONDITIONS PRECEDENT

The relief requested is conditioned upon Movant's tender of all funds required to close, delivery by Movant of executed closing documents required by the Agreement, and provision of any affidavits required by the title insurer. If Movant fails to tender required funds or documents by the earlier of the Proposed Closing Date or the deadlines set by the escrow agent, this Motion may be deemed withdrawn without further order.

7. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that: (a) it has the full power and authority to enter into and perform under this Motion; (b) execution and delivery of this Motion and performance hereunder have been duly authorized; and (c) no pending action, claim, or order prevents the consummation of the transaction contemplated herein.

8. REMEDIES, ATTORNEYS' FEES, AND ENFORCEMENT

If any party fails to comply with an order to close, the aggrieved party shall be entitled to pursue all available remedies at law or in equity, including specific performance, injunctive relief, and recovery of reasonable attorneys' fees and costs incurred in enforcing this Motion, to the extent permitted by the Agreement or applicable law.

9. NOTICES

Movant Contact Information

Respondent Contact Information

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Motion shall be governed by and construed in accordance with the laws of the state where the Property is located. This Motion, together with the Agreement and any incorporated escrow instructions, constitutes the entire agreement of the parties with respect to the relief sought herein. If any provision of this Motion is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. AMENDMENTS; WAIVER; COUNTERPARTS

This Motion may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing. This Motion may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. ADDITIONAL RELIEF

The parties request that the court or escrow agent grant such further relief as is necessary to effectuate closing including, without limitation, authority to: (a) instruct recording of documents; (b) direct distribution of escrowed funds; and (c) enter any orders necessary to cure title matters identified at or prior to closing.

DECLARATION

Movant

Party Label:

By:

Date:

Respondent

Party Label:

By:

Date:

Define the Real Estate Motion to Close

A Real Estate Motion to Close is a formal written request submitted to a court, escrow agent, or title company asking authorization to finalize a real estate transaction or to obtain a court order allowing closing when an obstacle exists. Typical uses include resolving title defects, enforcing specific performance, authorizing closing where a party is incapacitated or absent, or obtaining permission to close despite a lien or outstanding dispute. The motion identifies the property, the parties, the legal basis for closing, evidentiary support, and the relief requested so the closing agent and recorder can proceed with confidence.

Why a Motion to Close Matters in Real Estate Transactions

Use a Motion to Close when legal or procedural issues threaten a scheduled transfer of title. It clarifies authority, resolves title or lien questions, and creates a judicial record that protects closing agents and buyers or sellers.

Who Typically Prepares or Files a Motion to Close

Professionals and parties use this motion when ordinary closing steps are blocked by legal, title, or capacity issues.

Attorneys representing buyers or sellers who need court authorization to close despite disputes or missing signatures
Title officers or escrow agents seeking a court order to remove encumbrances or accept alternative proof of authority
Lenders or servicers requesting permission to disburse funds when title or beneficiary issues remain unresolved

The filer should coordinate with counsel, title/escrow, and the closing agent to ensure the motion supports recording and funding steps.

Step-by-Step: Preparing a Real Estate Motion to Close

Follow these sequential actions to assemble a motion that supports immediate closing and minimizes follow-up requests from the court or escrow agent.

01

Gather documentation: Collect deed, title report, escrow instructions, payoff statements.
02

Draft motion: State facts, legal authority, parties, requested relief concisely.
03

Attach exhibits: Include signed contracts, affidavits, and title endorsements.
04

Serve parties: Follow court or escrow service rules for notice and proof of service.

How the Motion to Close Moves Through the Process

This overview shows the typical routing from filing to closing authorization so each stakeholder knows when to act.

File or deliver: File with the court or submit to escrow/title with required exhibits.
Notice and response: Other parties receive notice and may submit objections or stipulations.
Hearing or declaration: Judge may decide on written declarations or schedule a short hearing.
Order and closing: Court issues an order authorizing closing; escrow proceeds with recording and funding.

Setting Up an Online Workflow for the Motion to Close

Configure the online process to collect signatures, exhibits, and court-ready PDFs while preserving an audit trail.

Field	Configuration
Document type	PDF/A with embedded exhibits
Signature method	Electronic signature with audit trail
Authentication	Email + SMS code or stronger where required
Retention	Secure storage with exportable certificate

Digital Filing and eSubmission Considerations

Choose a platform that exports court-ready PDFs, preserves an audit trail, and supports identity verification.

File formats: PDF/A, DOCX convertible
Integrations: Works with cloud storage and case management
Authentication: Supports email, SMS, and advanced methods

Typical Deadlines and Timing You Should Expect

Timelines vary by jurisdiction and lender requirements; plan for court scheduling, title review, and TRID timing when a mortgage is involved.

Motion filing lead time:

File early enough for service and any hearing—typically 7–14 days before scheduled closing.

Closing Disclosure timing:

When a mortgage applies, provide the Closing Disclosure at least 3 business days before consummation.

Funding window:

Lenders often require final conditions cleared within 24–72 hours before wire date.

Recording after closing:

Record documents promptly; some counties post within 1–5 business days.

Service and objections:

Allow time for responses—service rules vary by court and can affect hearing dates.

Key Milestones from Motion to Recorded Deed

A concise milestone sequence helps stakeholders coordinate document delivery, funding, and recording.

01

Contract executed

Purchase agreement and escrow instructions finalized.

02

Motion filed

Motion to Close submitted with exhibits and proof of service.

03

Court order issued

Judge signs order authorizing closing and recording.

04

Recording and funding

Escrow records deed and disburses funds per instructions.

Common Preparation Errors to Avoid

Using incomplete legal descriptions that do not match recorded deeds and prevent recordation or trigger title objections.
Submitting unsigned or improperly authenticated affidavits that the court will not accept as proof of authority.
Failing to include payoff amounts and lien reconveyance language, leaving title insurers unable to close.
Neglecting to coordinate with the escrow officer and lender, which causes timing mismatches for funding or recording.

Risks if a Motion to Close Is Incorrect or Incomplete

Title defects: Delays in recording and potential indemnity exposure

Recording rejection: County recorder may refuse to accept the deed

Funding hold: Lender may withhold wire until issues cleared

Breach claims: Counterparty claims for contract breach

Notarization errors: Affidavits or acknowledgements may be invalid

Court sanctions: Possible fees or rescheduling if misfiled

Key Sections to Include in a Professional Motion to Close

Ensure each section presents specific facts, legal authority, and relief to streamline judicial review and escrow acceptance.

Caption

Case title and court identification, listing all parties and case number so the motion is assigned correctly and the clerk can process it.

Statement of facts

Concise chronology of the transaction, contract terms, title issues, and actions taken to resolve encumbrances prior to requesting relief.

Legal basis

Identify statutes, rules, or equitable doctrines supporting the requested relief, and explain why closing is appropriate under those authorities.

Relief requested

Precise order language authorizing recording, disbursement of funds, acceptance of substituted documents, or other closing mechanics.

Exhibits

Attach purchase agreement, title report, payoff statements, affidavits of authority, and any trustee or corporate authorizations as exhibits.

Proposed order

Submit a ready-to-sign order with clear recording instructions and contact details for escrow and title to facilitate immediate compliance.

Real-World Examples of Motions to Close

Practical examples show how motions resolve real closing obstacles and what supporting materials mattered in practice.

Martin Properties — Tim Martin, Founder

After a missing trustee signature delayed a sale, counsel filed a short-form motion with affidavits of authority and a proposed order.

The judge signed a limited order authorizing closing.
The title company recorded the deed and the transaction closed without redoing the trust instrument, saving weeks of delay and duplicate notarizations.

BIS — Dan Rotelli, CEO

A junior lien discrepancy surfaced during final title clearance; the lender required court assurance before funding.

BIS submitted payoff statements, stipulations, and a drafting of a conditional order.
The court granted a conditional closing order, funds were released, and the title insurer issued a short-form endorsement to clear the marketable title concern.

Frequently Asked Questions About Motions to Close

Answers to common procedural and practical questions encountered when preparing or submitting a Motion to Close.

Need help? Contact support

Who may sign the motion?
The party with standing (buyer, seller, or their counsel) files the motion. If executed by an agent or corporate officer, include power of attorney or corporate resolution to show signing authority and avoid acceptance issues.
Is an e-signature acceptable?
Electronic signatures can be acceptable when the receiving court or escrow/title officer permits them and the record meets ESIGN/UETA requirements for intent, consent, attribution, and retention.
When is notarization required?
Notarization is generally required for affidavits, acknowledgements, and many deed signatures before recording; requirements vary by state and document type so confirm local recorder rules.
What if the recorder rejects the deed?
If rejected, obtain the recorder's rejection notice, address the stated defect (e.g., signature format, missing exhibit), and re-file promptly; coordinate with title to manage insurance implications.
Can I use Remote Online Notarization (RON)?
RON is accepted in many states that authorize it. Verify state RON rules and that the chosen provider meets identity-proofing and audio-video retention standards before relying on a RON acknowledgment.
How quickly will the court act?
Timing depends on local practice—some courts rule on written submissions quickly, others set short hearings. File early and include a proposed order to streamline issuance.

eSignature Vendor Comparison for Completing a Motion to Close

Compare starting pricing and key capabilities relevant to secure, auditable execution and distribution of court-ready closing documents.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Varies by plan	Varies by plan	Varies by plan	Varies by plan

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