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The Closing Process

Before Closing
A number of things need to happen between commitment and closing. So, as soon as you hear that your loan is approved, you'll need to begin checking on some details.

Set Closing Date
Your sales contract probably indicated an estimated date of closing; now you're ready to set an actual time and place for the meeting to take place. Make sure the settlement will take place before the loan commitment (and any rate-lock) expire, but leave time for all the necessary documentation to be assembled. Most lenders will need 3-5 days notice to prepare the loan papers and get them to the closing agent. If any repairs were agreed upon in the sales contract, make sure you also allow enough time for them to be completed.

Miscellaneous Items
Various details have to be taken care of regardless of location. These will require documentation at loan closing. Some responsibilities will fall to the seller; others will be your own. The following are usually required:

Payment of Costs
Once all papers are in order, you (and maybe the seller) will pay whatever remaining points and fees are due, as well as your down payment. The lender's check for the amount of the mortgage is also submitted to the closing agent.

Transfer of Property
At this point, you will have completed the purchase process, and will be given the keys to your new home. After the meeting, the closing agent will record the mortgage and deed in your name with local government records. Once this legal transfer is complete, funds will be dispersed by the agent to the appropriate parties.

Documents
You will receive a number of important documents at the closing meeting.

(1) HUD-1 Settlement Sheet
This is the itemized list of closing costs that your lender made available to you the day before your closing. The closing agent will fill out some information on this sheet, which both you and the seller will then sign.

(2) Truth-in-Lending Statement
You received this document a few days after applying for your loan. It is the statement which outlines the cost of your loan and gives you the APR (annual percentage rate), which may be slightly higher than your loan's interest rate since it spreads closing costs over the life of your loan. It also defines the terms of your loan and the amount of payments.

(3) The Mortgage Note
The mortgage (or promissory) note is legal evidence of your promise to repay your loan according to all agreed-upon terms. It details the amounts and dates of payments, as well as the penalties you may suffer if you fail to make payments.

(4) The Mortgage
The mortgage is the legal document which gives the lender a claim against your house if you fail to abide by the terms of the mortgage note. The mortgage restates the terms laid out in the note, and lists your responsibilities under the terms of the agreement. Although you have possession of the property, the lender shares ownership with you until your loan has been fully repaid, and can demand full payment of the balance of the loan or foreclose on the property if you default on your loan.

Some states use a deed of trust instead of a mortgage. Signing this document conveys property title to a trustee until the loan is repaid.

(5) Affidavits
You will be given a number of other documents to sign at closing. Some are required by law; others are lender requirements. For example, your lender might have you sign an affidavit of occupancy, stating that the property will be your primary residence. Your lender will be able to explain to you any documents you will be asked to sign.

(6) The Deed
This is the document which transfers ownership to you. The deed will be in your name and will be signed by the seller at closing. You'll receive a copy of the deed at closing, and the original will be sent to you after it has been recorded.

 

 

 

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