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The final days and weeks before closing can be a
stressful period for both buyer and seller. For example, you may have second
thoughts about the prospect of taking on such a large debt. Or you may worry
that something will happen to prevent the sale -- and indeed the house is not
yours until you close on it. The signed sales contract and the signed loan
commitment letter obligate both you and the seller to complete the transaction.
In fact, if you fail to do so, not only will you forfeit your deposit but you
may also find yourself in a lawsuit.
This checklist reviews what needs to happen in the
final weeks before closing -- such as the title search, a survey of the
property, and your final walk-through inspection.
Review the commitment
letter
Be sure you understand any conditions of the loan
offer that are stated in the lender's commitment letter. Check to see if all
conditions have been met before closing. For example, if the home you are buying
has been found to be in violation of a building code or zoning regulations, the
lender may specify that those problems must be corrected before the closing. If
the seller has agreed to make repairs required by the lender, you need to make
sure the work is finished and done properly before closing.
Set the closing
date
An estimated closing date usually is specified in
the sales contract. After your mortgage loan is approved and the commitment
letter is accepted, a firm closing date needs to be set. Usually the real estate
sales professional, the lender, and the closing agent coordinate a date with
you. You need to be sure that closing takes place before the lender's commitment
expires and while the interest rate lock-in, if there is one, remains valid. You
should request from your closing agent a statement confirming the date, place,
and time and a list of items you need to bring to the closing meeting.
Select an
attorney
Because the loan closing is a legal transaction, you
may want to hire a real estate attorney early in the application process. Your
attorney will review your sales contract before you sign it and represent you at
closing. Your personal attorney's fee is not part of your actual closing costs,
so you will need to budget for this expense separately. If you seek a personal
attorney, ask questions such as these: Does the attorney have substantial
experience in real estate transactions? What is the attorney’s charge for
reading sales contracts or other documents and giving advice about them? What is
the attorney’s charge for being present at closing?
Select a closing agent
You'll need a closing or “settlement” agent to
coordinate closing activities, such as preparing and recording the closing
documents and disbursing funds. The types of services provided will depend on
the closing agent you hire. Usually the closing is conducted by title companies,
escrow companies or attorneys, but it can be held at the lender’s or real estate
professional’s office. You may be able to save some money by shopping for a
closing agent. Your real estate sales professional and lender should be able to
give you some recommendations. Or, you can get referrals from a recent home
buyer.
Secure title services
You need to make sure that a title search on the
property has been made and that you have obtained title insurance before the
closing meeting. A title search is required to prevent fraudulent sales. Lenders
want to be sure that the seller is indeed the owner of the property. The title
search also attempts to uncover any liens (legal claims against a property on
the title). Any claims against the property must be paid before (or often at)
closing. Title insurance is required as further assurance that the seller is
giving you a “marketable title.” A lender’s policy protects the lender in the
event a flaw in the title is detected after the property has been bought. The
owner’s policy protects you. You should get both types of policies. Obtaining a
combined lender’s/owner’s policy will save you some money. You may also get a
price break if the title company that previously insured the title will give you
a "reissue" policy. The buyer typically pays for the title search and both types
of title insurance. Your closing agent will coordinate both title services
before the closing meeting.
Order a property survey
The lender may require a survey, or plot plan, of
the property. This is done to confirm that the property’s boundaries are as
described in the sales contract. Usually the buyer pays for the survey and the
lender orders it. You may be able to save some money by requesting an “update”
from a surveyor who has surveyed the property previously.
Order a termite
inspection
In many locations, homes must be inspected for
termites before they can be sold. You need a certificate from a termite
inspection firm that states that the property is free of both visible termite
infestation and termite damage. Usually the seller pays for this and the
seller's real estate sales professional orders the termite inspection. But you
will want to make sure that the original certificate is delivered to your lender
at least three days before closing. This will give the lender time to review it
and address any problems.
Obtain homeowner's
insurance
Your lender will require that you purchase
homeowner's or “hazard” insurance, which protects you and the lender from loss
in the event the house is damaged or destroyed. Coverage must be equal to at
least the replacement costs of the property. Most home buyers purchase a
homeowner’s package of insurance that includes personal liability insurance (in
case someone is injured on your property), personal property coverage (which
covers loss and damage to personal property due to theft and other events), and
dwelling coverage (which protects your actual house against fire, theft, weather
damage, and other hazards). If you live near a body of water, you may also want
to get flood insurance as part of your homeowner’s protection. You will want to
get quotes from several insurance companies and compare rates on the same types
and amounts of coverage. Lenders typically want the first year’s premium to be
paid at or before closing. Your lender may add the insurance cost to your
monthly mortgage payments and keep this portion of your payments in an escrow
account (or reserve). Then, the lender pays the insurance bill when it is due
each year.
Inquire about mortgage insurance
Mortgage Insurance (MI) helps protect the lender in
case of a foreclosure (the legal process that a lender may use to take ownership
of your home if you fail to make your monthly payments). Typically, the lender
will require this insurance if your down payment is less than 20 percent of the
purchase price of the property. The lender orders MI from a mortgage insurance
company after your loan is approved. You will not need to apply for insurance
yourself. You may be required to pay the full first year's premium at closing.
Renewal premiums will be added to the monthly mortgage payments you make to your
lender after closing and will be put into an escrow account. Many MI companies
offer programs that require no upfront payment at closing, but they may require
a slightly higher monthly payment.
Obtain well and septic
certifications
If your property is not served by public utilities,
you will need local government certification of the private water source and
sanitary sewer facility before closing. Usually the county government performs
the certification.
Inquire about a certificate of
occupancy
If you are buying a new house, a certificate of
occupancy needs to be provided at closing. This certificate is legally required
before you move into a newly constructed home. The builder obtains the
certificate, usually from the city or county. An inspection may also be required
to see if the property meets local building codes.
Go on the final walk-through
inspection
Your sales contract should have included a clause
allowing you to examine the property within 24 hours before closing. The real
estate sales professional usually will accompany you on the walk-through. This
is your opportunity to make sure that the seller has vacated the house and left
behind whatever property was agreed upon. You will want to check that all
lights, appliances, and plumbing fixtures are in working order. You will also
want to make sure that all conditions of the sales contract have been met. If
you observe major problems, you have the right to delay the closing until they
are corrected, or you could ask that the moneys be placed in an escrow account
at closing to cover major repairs to be completed.
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