Ch. 17 Closing the Transaction Flashcards
accrued items
expenses to be prorated that are owed by the seller but will be paid after the sale by the buyer (water bills, and interest on an assumed mortgage)
Accrued Items = Buyer credits
Prepaid Items = Sellers credits
affiliated business arrangement (ABA)
Practice of one company offering a package of services to consumers
closing
also known as ‘settlement’ and ‘transfer’, parties sit around a table exchanging copies of documents, process known as passing papers, or paperwork is handled by an escrow agent in a process known as closing escrow.
closing statement
an accounting of the parties’ debits and credits
credit
an amount entered in a person’s favor-an amount that has already been paid, an amount being reimbursed, or an amount the buyer promises to pay in the form of a loan
debit
a charge-an amount that a party owes and must pay at closing
escrow accounts
(impound account) the trust account established by a real estate professional under the provisions of the license law for the purpose of holding funds on behalf of the real estate professional’s principal or some other person until the consummation or termination of a transaction; trust account established by an escrow agent to hold funds pending distribution at the closing of a transaction
escrow closing
a disinterested third party is authorized to act as escrow agent, or escrow holder, and coordinate the closing activities.
Good Faith Estimate (GFE)
An estimate of all closing fees that was formerly provided to a borrower within three days of the loan application as required by RESPA
Mortgage Disclosure Improvement Act (MDIA)
dictates deadlines for the TIL(truth-in-lending statement) and GFE (3,7,3)
mortgage servicing transfer statement
is required if the lender intends to sell or assign the right to service the loan to another loan servicer
prepaid items
on a closing statement, items that have been paid in advance by the seller, such as fuel costs and some real estate taxes, for which the seller must be reimbursed by the buyer
prorations
necessary to ensure that expenses and credits are divided fairly between the seller and the buyer
Real Estate Settlement Procedures Act (RESPA)
federal law that requires certain disclosures about the mortgage and settlement process and prohibits certain practices that increase the cost of settlement services, such as kickbacks and referral fees. Administered by HUD.
Settlement Statement (HUD1)
RESPA requires that this statement itemize all charges that are normally paid by a borrower and a seller in connection with a settlement, whether required by the lender or another party, or paid by the lender or another person. Charges required by the lender that are paid before closing are indicated as paid outside of closing (POC) HUD1 IS REQUIRED FOR ANY FEDERALLY RELATED CLOSING