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WHAT TO EXPECT AT A
REAL ESTATE CLOSING:
Allow
adequate time for your closing. A normal real estate closing when a
loan is involved will take about an hour.
Bring some form of photo I.D., preferably a driver’s license. This is
required in the State of Florida in order to notarize documents.
All funds for closing are required by law to be certified. Certified
funds can only be obtained from a bank or credit union; brokerage
firms cannot issue certified funds.
You may wire funds into our account if you prefer. However, a wire
transfer can take several hours to be posted in our account. In
addition, there is a fee for either sending or receiving a wire
transfer. We advise our clients to initiate all wires the day before
the scheduled closing to insure that the funds will be available at
the closing.
If you have questions concerning your funds or if you have any special
needs, please call our office and speak with your closing agent well
in advance of the closing date.
We will make every possible effort to complete your Settlement
Statement at least 24 hours before the closing so that all parties
have a chance to review their charges. However, we cannot complete the
Buyer’s figures unless we have been given instructions and approval by
the lender.
The
following is a list of the most common documents that the Seller will
be required to sign at closing:
1. The
Settlement Statement (also called "HUD - 1"): Itemizes the fees paid
by both the Buyer and the Seller and gives the bottom line figure
due to/from each party.
2. Tax
Proration Agreement: An acknowledgment by both the Buyer and the
Seller that taxes have been prorated between them using the best
available information, and contains an agreement to recalculate the
tax proration when the actual tax bill is available.
3. Seller's
Affidavit: A statement certifying that the Seller is the true and
lawful owner of the property, that there are no liens against the
property other than those disclosed, and that there are no other
matters which would adversely affect title to the property.
4. Payoff
Statement and Estoppel Letter: Issued by the lender being paid off,
this shows the principal balance, accrued interest due, and any fees
required in order to satisfy the loan.
5. Warranty
Deed: The document which is recorded in the Public Records and
transfers legal ownership of the property.
6. 1099-S
Exemption Form: States that the criteria exempting the requirement for
reporting to the IRS have been met; if this is not the case, a 1099-S
form will be issued. Please note: each transaction is different, and
as such, additional documentation may be required.
The following
is a list of documents generated by the Title Company that the Buyer
will generally be required to sign:
1. The
Settlement Statement (also called, "HUD - 1"): Itemizes the fees paid
by both the Buyer and the Seller and gives the bottom line figure due
to each party.
2. Tax
Proration Agreement: An acknowledgment by both the Buyer and the
Seller that taxes have been prorated between them using the best
available information, and contains an agreement to recalculate the
tax proration when the actual tax bill is available.
Each Lender
will have different documents for the Buyer to sign; however, almost
all residential loan packages will contain the following:
1. Note: The
promise of the Borrower to repay the loan, and the basic terms of the
repayment.
2. Mortgage:
The document which is recorded in the Public Records granting the
lender a lien on the property to secure the loan. This document gives
the lender the right to foreclose if the Borrower defaults on the
Note.
3.
Truth-In-Lending Statement: A required disclosure to the Borrower
stating the annual percentage rate (this rate contains the fees
charged by the lender and adds them to the note rate) and the total
cost of the loan over its life.
4.
Anti-Coercion Statement: An acknowledgment from the Borrower that the
lender did not require the homeowner's insurance to be purchased from
a particular company.
5. IRS Forms
W-9 and 4506: The W-9 enables the lender to report the interest paid
annually to the IRS; the 4506 is used in the event of an audit by HUD
and allows the lender to obtain copies of tax returns directly from
the IRS.
6. Payment
Letter: Gives the amount and due date of the first payment.
7. RESPA
Servicing Disclosure: Discloses to the Borrower that the lender has
the right to transfer the loan on the secondary market.
8. Compliance
Agreement: An agreement by the Borrower to correct clerical or
typographical errors.
9. HUD - 1
Addendum: A statement that the HUD - 1 Settlement Statement is a
true, accurate, and complete statement of the transaction.
10. Loan Application: A typed copy of the Borrower's Loan
Application.
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