Mortgage Loan Closing or Settlement
The mortgage loan closing is a serious process that requires high attention, time and strict sequence of actions. Once your application for a mortgage loan has been approved and you have received a commitment letter from the lender, the final step before you can call the house your own is the closing, or settlement, of the purchase transaction and mortgage loan. Even though you have signed purchase agreement and your loan request has been approved, you have no rights to the property, including access, until the legal title to the property is transferred to you and loan is closed. At closing, you will sign the mortgage loan documents, funds will be collected and the closing agent will record the necessary instruments to give you legal ownership of the property. Settlement of a mortgage loan is a legal process and the procedures and requirements will vary according to state and local laws.
As soon as you receive firm approval from the lender who is making your mortgage loan, you should confirm the actual date of loan closing. An estimated closing date was probably specified in the sale contract, but a firm date needs to be set by you, the seller of the property and your lender. The settlement date also shows correct time to assemble all of the required documentation. If repairs or maintenance on the property are a part of the lender’s commitment, there must be time to complete them. The real estate agents involved in the sale transaction and the lender are often the best people to coordinate the closing arrangements. Most lenders require at last 3 to 5 days advance notice of the closing date in order to prepare the loan documents and get them to the closing agent.
There are standard documents required for a loan closing:
Title Insurance Policy - Every lender requires title insurance. The title policy proves that the seller of the property is the legal owner and that there are no claims against the property. The title company offers both a lender’s policy and an owner’s policy. You will have to pay for a lender’s policy and it is advisable for you to have an owner’s policy as well.
Homeowner’s Insurance - The lender will require you to have homeowners insurance on the property to make sure the policy covers the value of the property in case it’s destroyed by fire or storm. You must pay for the policy and have it at closing.
Termite Inspection and Certification - In many areas of the country, the property must be inspected for termites and the inspection is required in the purchase contract. In some parts of the country, this may be called a “wood infestation” report.
Survey or Plot Plan - Your lender may require a survey of the property, showing the property boundaries and the location of the improvements.
Water and Sewer Certification - If the property is not served by public water and sewer facilities, you will need local government certification of the private water source and sanitary sewer facility. Properties with well and septic water sources are usually governed by county codes and standards.
Flood Insurance - If the lender determines that the property is located within a defined flood plain, you will have to have a flood insurance policy.
Certificate of Occupancy or Building Code Compliance Letter - If your home is new, you will have to have a Certificate of Occupancy. This document is usually obtained from the city or county before you can close the loan and move in. Many local governments require an inspection of a home to assure that the property conforms to local building codes. If a house doesn’t conform to some code it requires repairs or replacement the elements.
Other Documentation - Additional documentation required for closing will be set out in the commitment letter from the lender and will depend upon terms of the sale and peculiarities of the property.
Within 24 hours prior to the actual closing, your and your real estate agent should make a final inspection of the property to make sure any required repairs have been completed, all property described in the sale contract, such as kitchen appliances, carpeting and draperies are present and that no recent fire or storm damage has occurred. In most cases, the lender will make a similar inspection before closing.
The loan closing procedure very often requires you to be represented by an attorney. Even if it is not obligatory by law you may want to have an attorney to review the closing documents. Some lenders will close the loan in their offices, some will use title or escrow companies and some will send their instructions and documents to their attorney or yours to conduct the closing. As soon as you receive your commitment letter from the lender, you should determine who is responsible for closing arrangements. The closing is usually conducted by a closing agent who may be an employee of the lender or it may be an attorney representing you or the lender. It’s not obligatory for the lender and the seller or their representatives to be at the actual closing. The closing agent will make sure that all necessary papers are signed and recorded and that funds are properly accounted for when the closing is completed. You typically need to come to the closing with a certified check for the closing costs, including the balance of the down payment, homeowners’ insurance policy and proof of payment if it has not been delivered earlier.
Here’s a brief description of law documents which can help you understand their significance:
Settlement Statement HUD-1: 1) The form is required by Federal law and is prepared by the closing agent. It provides the details of the sale transaction including the sale price, amount of financing, loan fees and charges and real estate taxes. It must be signed by both the buyer and the seller and becomes a part of the lender’s permanent loan file. 2) Some of your charges on the HUD-1 may have already been paid, such as credit report and appraisal fees. They will be noted as P.O.C. (paid outside the closing). 3) If your loan is greater than 80% of the value of the property, you will probably have to pay for mortgage insurance that protects the lender in case you default. 4) In addition to your monthly payments on the loan, most lenders will require you to maintain an “escrow”, an account for real estate taxes and insurance. Current law permits a lender to collect 1/6th (2 months) of the estimated annual real estate taxes and insurance payments at closing.
Truth-in-Lending Statement is also required by Federal law. You were given an initial TIL shortly after you completed the loan application. If no changes have taken place since that time, the lender doesn’t provide one at closing.
The Mortgage Note is the legal evidence of your indebtedness and your formal promise to repay the debt. It sets out terms of the loan and recites the penalties the lender can take if you fail your payments on time.
The Mortgage or Deed of Trust is a sort of security instrument that gives the lender a claim against your house if you fail to fulfill the terms of the mortgage note. It gives the lender the right to take the property by foreclosure if you default on the loan.
P.S. There will probably be a number of other documents you will be asked to sign at closing. Some are lender or Federal law requirement. These instruments should not be taken lightly. Some may lead to criminal penalties for false information. When everything has been signed and the closing agent is satisfied you become the owner and are given the keys to the property.