Unit 14: Closing the Real Estate Transaction Flashcards
This is considered the conclusion of the real estate sales transaction
The closing
The closing involves these two major events
- The promises made in the sales contract are fulfilled
- The mortgage funds are distributed to the buyer
What buyer’s concerns must be address at the closing
- The results of the inspections i.e. termite, radon, water, septic systems etc.
- The survey (boundary of the property)
- The title evidence including the seller’s deed
- Any lease if a tenant resides on the property.
In a real estate contract, the buyer usually reserves the right to make a
final inspection or walkthrough (buyer and agent make sure the property was well maintained and no alterations have taken place
What is the seller’s main interest at the closing
Receive payment for the property; that the buyer has obtained the necessary financing and will have sufficient funds to complete the sale.
The closing is known by different names
Settlement or transfer where they are “passing papers”
Who attends the closing?
The buyer, the seller, the real estate professionals on both sides; seller’s and buyer’s attorneys; rep from the lender institution involved with the mortgage loan, ,a rep. from the title insurance company
In MA. the closing must be conducted by an
Attorney
When the sale is completed, it is signed, sealed and delivered by the seller to the buyer and accepted
The exchange
This is a 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
The Real Estate Settlement Procedures Act (RESPA)- must be a closing disclosure form provided on the day of the sale; includes all the financial details and every penny is accounted for; the closing attorney prepares this document.
RESPA prohibits certain practices that increase the cost of settlement services
- Kickbacks and fee-splitting for referrals of settlement services
- Prohibits the home seller from requiring that the buyer purchase title insurance from a specific company
- Banks can only require reasonable deposits for taxes.
This form replaces the initial Truth in Lending Statement (TIL) and the Good Faith Estimate (GFE). It highlights the interest rate, monthly payment, and total closing costs
Loan Estimate given to the consumer three days after a loan application is submitted to the lender.
This form itemizes all charges that are normally paid by a borrower and a seller in connection with settlement
Closing disclosure form- borrower must receive this three days before the closing
This is an accounting of the parties debits and credits
The closing statement
This is the amount that a party owes and must pay at closing
a debit