It is closing day, and completing
this process will bring you a greater peace of mind by knowing what to expect.
This is the day when all parties will make the purchase official and legal, sealing
the deal and transferring the property to the buyer. Here is your final
opportunity to make any changes to the existing terms of the agreement.
Prior to closing day, you will
gather and organize all of the paperwork accumulated throughout the search and
buy process, including:- The good faith estimate
- Contract
- Proof of title search
- Homeowners insurance
- Flood insurance
- Proof of mortgage insurance
- Home appraisal
- Inspection report
Another item to attend to the day
before closing is a walk-through inspection of the home to ensure it is vacated
and the property is in the same condition as stated in the various documents.
This is a provision built-in to most home-sale contracts. Should there be a
discrepancy between what has been agreed to and what the walk-through reveals,
the closing can be delayed. An alternative is for the seller to deposit money
into the escrow account to cover the cost of any repairs.
At the closing, the buyer’s
participation will include two functions. The first is to sign the legal documents.
There are two types of documents you will have to sign. The first of these is
the agreement between the buyer and the lender specifying the terms and
conditions of the mortgage. The second type of document is the agreement
between the buyer and seller, finalizing the transfer of the ownership of the
property.Each document should be carefully read and understood, and any errors or omissions brought forth. Do not sign any agreement that contains blank lines or spaces.
The second is to pay the closing
costs and escrow items. There are two ways that the lender handles the many
fees that are included with both obtaining a mortgage and transferring the
property. The first is to combine the fees with the principal balance of the
loan. The second is to have the lenders pay the fees but the buyer agrees to a
higher interest rate on the loan. There is always the possibility that the
buyer will have to incur a direct, out-of-pocket expense for these fees.
While legal requirements vary from
state to state, and in many cases county to county, in addition to yourself
(the mortgagor), generally the following people will be present at the closing:- Closing agent – who may be a representative of the
lender or title company
- Attorney – Regardless of whether the lender has an
attorney present, you should always hire a private attorney to represent
your interests.
- Title company representative – to provide written
evidence of property ownership
- Seller
- Seller’s real estate agent
- The lender – also known as the mortgagee
At the conclusion of the process,
you will receive the following documents:
HUD-1 Settlement Statement
This is a list of all the detailed
costs related to the sale of the house and goes beyond the good-faith estimate
in that it is a precise and exact record of the settlement costs. It will be
signed by both you and the seller. The HUD-1 document should be compared to the
good-faith estimate to see if there is a significant difference of the actual
closing costs. This is another document that can and should be reviewed 24
hours prior to the closing meeting. Any discrepancies or questions should be
addressed prior to the meeting.
Final TILA StatementThe initial version of this statement was provided after initially applying for your mortgage. In this final version, the cost of the loan and APR. Also, the document takes into account all modifications made to your rate and points between the initial TILA statement and this final version. Be sure to check this document thoroughly.
Mortgage Note
This includes the terms and
conditions of repayment of the loan, including the amount, and what the
lender’s recourse is in the event you fail to make the agreed to payments on
the loan.
Mortgage/Deed of Trust
This document gives the lender the
ability to make a claim against the property in the event you fail to adhere to
the terms in the mortgage note. It also secures the mortgage note.
Certificate of Occupancy
This applies if you are buying a new
home and is required before you can move into the new property.
Once all the documents are reviewed
and properly signed, the keys to the home are given to you and you can now
enjoy the success of buying your own home.
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