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Frequency Asked Question
A closing is most easily defined as a final compliance with the terms of the Sales and Purchase Agreement (S&P). During the closing, all of the required loan documents will be explained and signed, and the new title to the property will also be signed.
Attorneys are not required to conduct a closing in Tennessee. The requirements for the person administering the closing are they must be a notary, and they must not be a felon. The reason using an attorney is beneficial to you during closing is they are able to provide legal interpretations of the documents being signed, and provide a layer of assurance that the closing is completed properly.
After a Sales and Purchase Agreement has been accepted on a property, you, your Realtor or your attorney will advise the closing attorney. The lender will coordinate with the closing attorney to ensure all of the required documents are available at closing, and to help generate the closing settlement statement (HUD-1). The lender will notify all parties when the transaction is “clear to close” and all parties involved will attempt to coordinate a specific date and time to conduct the closing. This will be guided by the S&P Agreement. In addition, the closing attorney will need at least one day to draft all of the documents.
On the day of closing, all parties will meet at the agreed upon location and the buyers and sellers will sign all of the required documents. Both parties may be present at the closing table, or may close separately. In addition, if one party to the contract is unable to be present due to logistical reasons, a power of attorney can be prepared to allow a designated person to sign the paperwork or the documents can be emailed and overnighted which will complete the closing.
You absolutely have the right to fully read and completely understand every document you sign during closing. Because there is a large amount of paperwork associated with a real estate transfer, it is best to let the closing attorney know in advance you intend to read every document, and they will provide you with the paperwork prior to the closing for you to study. Keep in mind that the closing attorney is obligated to explain to you every document that you will be signing.
Definitely. How you choose to hold the title affects the specific wording in the title, and even more importantly, what happens to the property in the event one of the parties should pass away. It is also a good idea to consult with an estate planner to best determine how you should hold title.
It is a document required by the Real Estate Settlement Procedures Act (RESPA) that clearly defines all charges and credits to the buyer and seller related to the real estate transfer. It also includes such expenses as taxes, commissions, fees, and any monies due to or from the buyer and seller. No money can change hands between the buyer and seller that is not included on the Settlement Statement. The HUD-1 is required by law to be provided to the buyer and seller 24 hours prior to closing.
The title examination is required to ensure that there are no outstanding claims against the property that could affect ownership rights. The title examination is used to generate a title commitment that the lender uses to insure their interests in the property through a Lender’s Title Insurance policy. If there are any problems with the title, they will need to be resolved prior to closing per the S&P Agreement.
It is usually a very minimal expense, and provides a critical protection to you, the buyer, in the event a claim arises against the property. The Lender’s Title Policy will not cover you!
You will have the option to purchase an Owner’s Title Insurance policy at the original price offered at closing for up to 30 days after closing, but I suggest making the commitment at the closing table so you do not forget.
To verify their identity, buyers and sellers must bring a government-issued photo ID, whether it is a driver’s license, passport, military ID, etc. If a power of attorney (POA) is going to be used, the original document must be filed with public records. The closing attorney will want to review the POA prior to closing if they did not draft the document to ensure it a valid POA.
Any money that needs to be brought to closing must come in the form of a cashiers check or wire. You can use the HUD-1 statement to find out the correct amount of the check.
Once all of the documents are signed, everyone will receive copies of the documents they signed, and anything else required by law. The attorney will scan a copy of the documents for their records and forward the originals to the lender. All monies taken in by the attorney will be distributed to the appropriate parties, and the attorney will ensure all the necessary paperwork is recorded at the county clerk’s office.
The buyers should expect to receive the newly recorded title in the mail in a few weeks (and should store it in a very secure location), and will receive a copy of the Owner’s Title Insurance policy.
Use a Realtor© to help you with the transaction. Realtors© act as your quarterback in the transaction and there is always a noticeable difference in organization, detail, and completeness between closings that involve a Realtor© and ones that do not.