Unit 14: Closing the Real Estate Transaction Flashcards

1
Q

_______ (settlement and transfer) is the point at which ownership of a property is transferred in exchange for the selling price.

A

Closing

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2
Q

To complete a transaction, the buyer requires the ______; title ________; results of necessary ___________; an _________ of title from the seller and, where applicable, documents showing the removal of prior ____________; the ____ from the seller; and the _____, if a tenant resides on the premises.

A

survey; evidence; inspections; affidavit; encumbrances; deed; lease

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3
Q

The buyer will expect to make a successful final ________ __________ (walk-through) and to receive a closing statement showing the ______ and ____________ of funds.

A

property inspection, amount, distribution

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4
Q

To complete the transaction, the seller will need the ______ _________ from the seller’s lender noting the amount owed; evidence that the buyer has the necessary _____; and a _______ _________ showing the distribution of funds.

A

payoff statement, funds, closing statement

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5
Q

The lender will want assurance that its ____ ______ will have priority and will want the buyer to obtain a mortgagee’s _____ _________ policy.

A

lien rights, title insurance

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6
Q

The Internal Revenue Service (IRS) may require completion and submission of the Form ____-_ statement of income to the seller showing the seller’s ______ ________ number.

A

1099-S, Social Security

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7
Q

Form 1099-S is filed by a _______ _____ or the mortgage lender, with the real estate professionals or the _______ being ultimately liable for the filing.

A

closing agent, parties

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8
Q

Depending on state law and local custom, closing may take place at a face-to-face meeting of the parties at the _____ company, _____ company, _______ office, or _________ office, or the parties may execute documents __________ and never meet.

A

escrow, title, lender’s, attorney’s, separately

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9
Q

An ______ ______/_____ is a disinterested third party authorized to coordinate the closing activities.

A

escrow holder/agent

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10
Q

The ____ ______ __________ __________ Act (RESPA) is a federal law enacted to protect consumers in the settlement process by requiring ________ and ______ information about the actual _____ of a transaction, eliminating _________ and other referral fees, prohibiting the seller from requiring the buyer to buy title insurance from a __________ company, and prohibiting lenders from requiring excessive ______ _______ deposits.

A

Real Estate Settlement Procedures, accurate and timely, costs, kickbacks, particular, escrow account

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11
Q

RESPA does not apply to a transaction financed solely by a ________-_____ mortgage taken back by a seller, ___________ contracts (contract for deed), or a buyer’s __________ of a seller’s existing loan.

A

purchase-money, installment contracts, assumption

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12
Q

The CFPB has produced ____ ____ ____ _______, a booklet that must be provided by a lender to every person from whom they receive or for whom they prepare a loan application (except for ___________).

A

Your Home Loan Toolkit, refinancing

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13
Q

The ____ _________ form must be provided to the borrower no later than three business days after receiving a loan application. The _______ __________ given to the borrower and the seller itemizes all charges to be paid in connection with closing.

A

Loan Estimate, Closing Disclosure

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14
Q

The Loan Estimate and Closing Disclosure forms developed by the CFPB are required for transactions originating on or after _______ _, ____.

A

October 3, 2015

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15
Q

__________ ________ ____________ (ABA) that make use of companies with a shared ownership require notice to clients.

A

Affiliated business arrangements

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16
Q

A ________ _________ ________ statement must be given by the lender to the borrower if the lender intends to sell or assign the servicing rights to the borrower’s loan.

A

mortgage servicing transfer

17
Q

A _______ _________ involves an accounting of the amounts paid by or received by the parties.

A

closing statement

18
Q

Certain charges are prorated, divided between the buyer and the seller, in one of two ways:

A

360 or 365 day year

19
Q

In most states, the charges are prorated as of the _______ date, with the ______ being responsible for the date of closing.

A

closing, seller

20
Q

Common inspections include (5):

A

termite, radon, water and septic systems, structural inspections, or required repairs

21
Q

Although practices vary from state to state, most require that the seller produce a current ________ of title or title __________ from a title insurance company

A

abstract, commitment

22
Q

When an abstract of title is used, the purchaser’s ________ examines it and issues an opinion of title.

A

attorney, opinion

23
Q

An Attorney’s Opinion (doc) is NOT a _________ of title

A

guarantee

24
Q

If the buyer assumes the seller’s existing mortgage loan, usually the lender is required to provide the buyer with a ________ _________ certificate, which certifies the amount owed on the mortgage loan, the interest rate, and the date and amount of the last interest payment.

A

mortgage reduction

25
Q

The seller may be required to execute an _________ of title, a sworn statement in which the seller assures the title insurance company (and the buyer) that no other _______ in the title have occurred since the date of the title examination

A

affidavit, defects

26
Q

In order to ensure that the buyer takes good and marketable title at closing, lenders generally require that the buyer obtain a mortgagee’s _____ _________ policy.

A

title insurance

27
Q

Certain real estate closings must be reported to the Internal Revenue Service (IRS) on Form 1099-S. The affected properties include a sale or exchange of (4):

A
  1. land (improved or unimproved), including air space;
  2. an inherently permanent structure, including any residential, commercial, or industrial building;
  3. a condominium unit and its appurtenant fixtures and common elements (including land); or
  4. shares in a cooperative housing corporation.
28
Q

Information to be reported on Form 1099-S includes the _____ price, the amount of ________ ___ reimbursement credited to the seller, and the seller’s ______ ________ number.

A

sales, property tax, Social Security

29
Q

T/F? As part of the title company’s preclosing title search, the sellers may be required to execute an affidavit of title.

A

True

30
Q

T/F? Lenders generally require that a buyer obtain a mortgagee’s title insurance policy to ensure that the buyer takes good and marketable title at closing.

A

True

31
Q

T/F? RESPA regulations apply to any residential mortgage loan made to finance the purchase of a one- to four-family home or to refinance an existing mortgage.

A

False (not required for refi)

32
Q

All the proration calculations here are computed by carrying the division to _____ decimal places and then rounding to the nearest ____ only after the final proration figure is determined.

A

three, cent

33
Q

T/F? Accrued items are expenses to be prorated (such as water and other utility bills) that are owed by the seller but will be paid later by the buyer.

A

True

34
Q

T/F? Prepaid items are expenses to be prorated (such as fuel oil in a tank) that have been prepaid by the seller but NOT fully used up and are credits to the buyer.

A

False. Such prepaid items are a credit to the seller and a debit to the buyer.

35
Q

Legal title ALWAYS passes from the seller to the buyer when the deed is _________ and ________.

A

delivered and accepted.

36
Q

Expenses to be prorated (such as water bills and unpaid property taxes) that are owed by the seller but will be paid late by the buyer are called _______ ______.

A

accrued items.

37
Q

Under the TILA-RESPA Integrated Disclosure Rule (TRID), a lender must extend the closing how many days if the annual percentage rate (APR) has changed more than 0.125% before closing?

A

Three business days