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The "Closing" is one of the final steps in the process of buying/selling or refinancing a home. It is when all parties involved, including the buyer and seller, meet to finalize the transaction and where purchase money and ownership documents, including the conveyance deed exchange hands. The Closing can only take place once all the conditions of the real estate contract and the lenders requirements have been met
The location of the closing is typically at the Realtors office,
Lenders office, the buyer or sellers attorneys office,
or many times at the Title Companys (also known as Settlement Agent)
office. The Title Company will coordinate who should attend the closing
and at what time. If you are unsure about directions to the place of closing,
dont hesitate to call the Title Company and ask them for driving
directions. A trip map can be printed and faxed or mailed to you in advance.
Most people are already a little nervous about the closing and the last
thing you need is to get lost on your way. Depending on your geographical
area, all parties may or may not be present at the same time in a closing.
The Seller may sign all his/her documents at a different time than the
buyer. This is known as an "Escrow Closing." In an Escrow Closing
the Seller may or may not receive his proceeds check on the same day.
The other type of closing is when all parties are present at the same
time. This is known as a "Round Table Closing." In this type
of closing, the Seller will receive his/her proceeds at the closing (table
funding). Regardless of the type of closing, the documents signed will
all be the same. The documents the Seller and Buyer can expect to sign
at closing are listed below.
When you arrive at the closing, you will be greeted by your Closing Officer
or Settlement Agent and offered refreshments. Your Closing Officer or
Settlement Agent is the one who will collect all the funds involved,
including money due from the buyer and the funds from the new lender.
You will then
be directed to a "Closing Room or Office where he/she will explain
each document to you, including a breakdown of all closing costs, also
known as the HUD1 Settlement Statement. The HUD1 Settlement Statement
also sets forth the net proceeds amount due to Seller and the amount
of
funds needed to close by the buyer.
The buyer should never bring a personal
check to the closing. It is customary for the Title Agent and/or Realtor
to let the buyer know ahead of time how much is needed at the closing
so that he/she may bring a Cashiers check. Never sign a document
that you dont understand. Dont hesitate to ask the Closer
to again describe what the document means. Considering that he/she
closes
real estate transactions often, they are used to explaining documents
over and over again, so you shouldnt feel embarrassed about
asking questions. If you are at a Round Table Closing, generally
the Sellers
will sign their documents first, but not always. It just depends on the
practice of the Closing Officer or Agent.
The Closing Officer/Agent
will
then witness and notarize various documents and ask you for your drivers
license or green card. You must bring photo id with you to the
closing.
Once all the documents are signed, the Seller along with other parties
due money from the transaction may or may not receive his/her check.
Sometimes
the title company is funded by the buyers new lender after the
closing and receiving a check could take a few days. The buyer and seller
will
exchange keys to the property or arrangements will be made to do this
at a later date.
The Realtor may at this time provide information for
changing utilities into the new buyers name and other details relating
to the sale may be settled at this time to, such as arranging the removal
of items from the house by the seller. Sometimes it is necessary for
the Seller to remain in the house for awhile after the sale. If this
is the
case, generally a "leaseback" agreement is negotiated at this
time. Once all the above steps are finished, your closing is complete!
The Title Agent will now record the conveyance deed and/or the new mortgage
with the county recorder for public record. The buyer should receive
his/hers
owner policy and recorded deed in a few weeks, along with a copy of everything
signed at the closing. The seller will also be presented with a copy
of
everything signed.
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expected to be signed at closing may include, but not be limited to
the following: |
Buyer HUD1 Settlement Statement Compliance Agreement Mortgage Note Truth In Lending Survey Affidavit or New Survey Final Good Faith Estimate Interest Statement Notice of Right to Cancel Name Affidavits Occupancy Affidavit Various IRS forms Completed 1003-Loan Application Flood Insurance Notice
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Seller
HUD1 Settlement Statement Compliance Agreement Conveyance Deed Sellers Affidavit Gas and/or Pest Inspections Home Warranty Payoff Authorizations Name Affidavits |
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