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| Legal Documents at Closing |
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At closing, you will sign several documents. Here are some of the
most commonly used:
- Closing (Settlement) Statement
This is the central accounting of all moneys transferred at the
closing. All parties participating in the closing are identified.
An itemized listing of all fees and charges is included. Also,
there is a list of all expenditures charged to the buyer and the
seller at closing. Click
here for an illustration of a sample settlement statement.
- Loan Disclosure
When mortgage financing is used to purchase a home, the lender
is required to provide certain disclosures so that the borrower
can better judge the real costs of the loan. The key number on
the disclosure is the annual percentage rate or APR. This rate
will be higher than the contract rate of interest on the loan
because all charges, including origination and discount points,
are reflected. Other information that the borrower may find of
interest are the total amount of interest paid over the loan term,
the monthly payment for principal and interest, the number of
payments before the loan is retired and the date when the first
payment is due.
- Mortgage Note
This is a legal contract between the borrower and the lender acknowledging
the forwarding of funds by the lender and establishing the borrower¡ AA¯ A0As
obligation to repay the loan. All information on how the loan
is to be repaid should be included.
- Deed of Trust
This establishes the security to back up the mortgage note. Essentially,
it gives the lender a way to sell the home in the event the borrower
defaults on the mortgage note. Other types of security instruments
are used, but the deed of trust is the predominant form used in
Texas. A trustee is identified who has the authority to conduct
a public sale of the home if the lender is forced to foreclose
on the loan. A lender can initiate foreclosure for any violation
of the mortgage contract, but it is the failure to make timely
monthly payments that triggers virtually all foreclosures.
- Deed
This is the paper that formally transfers ownership rights from
the seller to the buyer. The most desirable type of deed to receive
is the general warranty deed. With this document, the seller guarantees
that no legal interest in the property exists other than those
identified in the deed (which might include easements and restrictive
covenants). If the seller uses a special warranty deed, it means
that the seller guarantees that no such interests were established
while he or she owned the property. A quit claim deed relinquishes
the rights of the person signing the deed, but guarantees nothing
about the quality of the title, including whether or not the signer
has any rights in the property. Lenders often require use of a
general warranty deed.
- Title Policy
This is a special insurance policy that backs up the warranty
deed being delivered. Essentially, the policy writer agrees to
reimburse the buyer or seller for any damages caused by a successful
claim to an ownership interest in the property. Title insurers
generally conduct a search of public title records to minimize
the possibility of a claimant emerging. Title insurance protection
is required by most mortgage lenders.
- Additional Documents
There will be other documents as a result of services provided
to support the transaction. You may want copies for future reference.
A survey map of the property, an appraisal of the property, and
the results of any inspections conducted might be of value. If
you are buying a condominium, you should get a copy of the homeowners¡ A¯ A0
association by-laws which specifies your rights and obligations
as a condo homeowner.
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