Unit 14 Flashcards
Closing
Point at which ownership is transferred in exchange for a selling price (settlement and transfer)
To complete a transaction, the buyer requires
Survey, title evidence, inspections results, affidavit of title from seller, docs showing removal or prior encumbrances, deed from seller, lease (if applicable), final walk-through, closing statement showing amount and distribution of funds
To complete the transaction, the seller requires
Payoff statement from lender noting amount owed, evidence buyer has necessary funds, closing statement showing distribution of funds
IRS requires
Completion and submission of Form 1099-S statement of income to seller showing SS#. Filed by a closing agent or mortgage lender, real estate professional liable for the filing
Escrow holder(agent)
A disinterested third party authorized to coordinate the closing activities
Real Estate Settlement Procedures Act
Federal law enacted to protect consumers in the settlement process by requiring accurate and timely info about actual costs of a transaction, eliminating kickbacks and other referral fees, prohibiting seller from requiring buyer to buy title insurance from a particular company, and prohibiting lenders from requiring excessive escrow account deposits
-Does not apply to transaction financed solely by a purchase-money mortgage taken back by seller, installment contacts, or a buyer’s assumption of seller’s existing loan
CFPB- Your Home Loan Toolkit
Booklet that must be provided by a lender to every person form whom they receive or for whom they prepare a loan application (except for refinancing)
Loan Estimate form
Must be provided to borrower no later than 3 business days after receiving loan application. Created by CFPB on transactions originating on or after Oct 3, 2015.
Closing Disclosure
Given to borrower and seller itemized all charged to be paid in connection with closing. Created by CFPB on transactions originating on or after Oct 3, 2015.
Affiliated business arrangements (ABA)
that make use of companies with a shared ownership require notice to clients
Mortgage Servicing Transfer Statement
Must be given by the lender to the borrower if lender intends to sell or assign the servicing rights to the borrower’s loan
Closing statement
Involves an accounting of the amounts paid by or received by the parties
Debit
(give) is a charge that must be paid by the buyer or seller at closing
Credit
(receive) is the amount entered in favor of the buyer or seller