Closings Flashcards
Real Estate Settlement Procedures Act (RESPA) purpose
clarify, disclose costs; eliminate kickbacks, undisclosed fees
Information booklet
lender must provide Consumer Financial Protection Bureau (CFPB) booklet, “Your Home Loan Tool Kit”
Loan Estimate
lender must provide CFPB’s H-24 Loan Estimate of settlement costs within three days of application
Closing Disclosure
lender must use CFPB’s H-25 Closing Disclosure
Forms and procedures
lender must provide mandatory: “Your Home Tool Kit” booklet at loan application
Loan Estimate form: 3 business days after loan application
Closing Disclosure: 3 business days before consummation
Terms in both forms must generally be the same
Applicable transactions
most closed-end consumer mortgages, including construction loans, loans secured by vacant land, loans to trust
not covered: home equity loans, reverse mortgages, loans on mobile homes, loans by small lenders (no more than 5 loans per year)
Amount buyer must produce
excess of buyer’s debits over credits
Amount seller must receive
excess of seller credits over debits
Buyer’s credits
earnest money
loan amount
seller’s share of prorations buyer will pay
Buyer’s debits
purchase price
expenses (per agreement or custom)
buyer’s share of prorations prepaid by seller
Seller’s credits
purchase price
buyer’s share of prorated items paid by seller
Seller’s debits
expenses (per agreement or custom)
seller’s share of prorated items that the buyer will pay
loan balance and other liens to be paid off