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Documents
related to closing costs
The
closing revolves around four documents: the settlement statement, the
truth-in-lending form, the mortgage promissory note, and the mortgage.These
documents describe your loan terms, responsibilities, and the closing
costs you are expected to pay at settlement. If you're familiar with these
documents, you can quickly complete the closing or catch potential errors.
The HUD-1 settlement
statement and the truth-in-lending
form include important information about your closing costs:
- Settlement
statement. The settlement statement is usually delivered or mailed
to you at or before
the settlement. (By law, you have the right
to inspect the HUD-1 settlement state-ment one business day before the
closing.) The HUD-1 settlement statement itemizes each service provided
to you and the fees charged to you. This form is completed by the closing
agent. This is the same person who will oversee the closing, so make
sure you have the name, address, and telephone number of this individual.
In cases where there is no settlement meeting, the escrow agent will
mail you the HUD-1 settlement statement after the closing. You can locate
a copy of the HUD-1 settlement statement form at the HUD Web site
(www.hud.gov/fha/sfh/res/stcosts.pdf).
- Truth-in-lending
form. This form details all the major
financial terms of the home loan. There are two types of disclosures
made in this form:the numerical disclosure, so consumers can
compare the cost
of one loan to another, and the disclosure of the terms of the mortgage
agreement. For example, numerical disclosures include the annual percentage
rate, finance charges, amount
financed, total payments, amount of payments, number of payments, security
interest, assumption policy, variable rate, filing fees, late charges,
payment due date, pre-payment policy, hazard insurance, and mortgage
insurance.
- The mortgage
promissory note. This legal doc ument obligates a borrower to repay
a mortgage loan at a stated interest rate during a specified period
of time. This is your I.O.U. to the lender and a promise to meet the
requirements of your home loan. Depending upon when you close (settle),
this document will out-line the prepaid interest you will have to pay
at the closing.
- The mortgage.
This legal document pledges a property to the lender as security for
payment of a debt, giving the lender a legal claim on your property
if you don't fulfill the terms of the promissory note. In some states
a "deed of trust" is used instead of a mortgage. In other
words, you receive
title to the property but convey it to a neutral third party until the
mortgage promissory note is paid in full. The mortgage is not related
to certain closing costs, but central to the closing process. Without
the mortgage, you can't close the deal, unless you are paying all cash
for the property.
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