Closing Costs
What happens at Closing?
At the closing, ownership of the newly purchased
home is officially transferred from the seller to you. It may involve
you, the seller, the real estate agent, your attorney, the lender's
attorney, representatives from the title or escrow firm, and a variety
of clerks, secretaries, and other staff. It is possible to have an
attorney act on your behalf if you cannot attend the meeting (for
example, if the house is in another state). Closing can take as little
time as an hour to sign all the forms and transfer ownership or it can
take several hours, depending on the contingency clauses in the
purchase offer (and any escrow accounts that may need to be set up).
Much of the paperwork involved in closing (or settlement) is done by
attorneys and real estate professionals. You may be involved in some
of the closing activities and not in others, depending on local
customs and on the professionals with whom you are working.
Before you close on the house, you should have a final inspection, or
walk-through, to make sure any repairs you requested have been made
and that items which were to remain with the house (drapes, light
fixtures) are still there.
In most states, settlement is done by a title or escrow firm to which
you forward all the materials and information along with the
appropriate cashiers' checks, and the firm will make the necessary
disbursements. The real estate agent or another representative of the
title company will deliver the check to the seller and the house keys
to you.
Statutory Costs
Statutory costs are expenses you would have to pay to state and local agencies even if you paid cash for the house and did not need to take out a mortgage. They include the following:
Transfer taxes are required by some localities to transfer the title and deed from the seller to you.
Recording fees for deed pay for the county clerk to record the deed and mortgage and change the property tax billing.
Pro-rated taxes such as school taxes and municipal taxes may have to be split between you and the seller because they are
due at different times of the year. For example, if taxes are due in October and you close in August, you would owe taxes for 2 months while the seller would owe
taxes for the other 10 months. Prorated taxes usually are paid based on the number of days (not months) of ownership. Some lenders may require you to set up
an escrow account to cover these bills. If your lender does not require an escrow account, you may want to set up a special account on your own to make
sure you have money set aside for these important, and large, bills.
Other state and local fees can include mortgage taxes levied by states as well as other local fees.
Third-Party Costs
Third-party costs are expenses paid to others such as inspectors or insurance
firms. You would have to pay many of these expenses even if you paid cash for
the house. Examples of third-party costs are as follows:
Attorney fees: You will probably want to work with an attorney
when buying a home. Attorneys usually charge a percentage of the selling price
(three-fourths or 1 percent), but some may work for a flat fee or on an hourly
basis.
Title search costs: Usually your attorney will do or arrange
for the title search to make sure there are no obstacles (liens, lawsuits) to
your owning the home. In some cases, you may work with a title company to verify
a clear title to the property.
Homeowner's insurance: Most lenders require that you prepay
the first year's premium for homeowner's insurance (sometimes called hazard
insurance) and bring proof of payment to the closing. This insures that their
investment will be secured, even if the house is destroyed.
Real estate agent's sales commission:
The seller pays the
commission to the real estate agent. If one agent lists the property and another
sells it, the commission usually is split between the two. It's important to
keep in mind that even the commission is negotiable between the seller and the
agent.
Finance and Lender Charges
Most people associate closing costs with the finance charges levied by mortgage
lenders. The charges you pay will vary among lenders, so it pays to shop around
for the best combination of mortgage terms and closing (or settlement) costs.
You may have to pay the following charges:
Origination or application fees: These are fees for processing
the mortgage application and may be a flat fee or a percentage of the mortgage.
Credit report: If you are making a small down payment (usually
less than 25%), most lenders will require a credit report on you and your spouse
or equity partner. This fee often is a part of the origination fee.
Points: A point is equal to 1% of the amount borrowed. Points
can be payable when the loan is approved (before closing) or at closing. Points
can be shared with the seller--you may want to negotiate this in the purchase
offer. Some lenders will let you finance points, adding this cost to the mortgage,
which will increase your interest costs. If you pay the points up front, they
are deductible in your income taxes in the year they are paid. Different deductibility
rules apply to second homes.
Lender's attorney's fees:
Lenders may have their attorney
draw up documents, check to see that the title is clear, and represent them
at the closing.
Document preparation fees: You will see an amazing array of
papers, ranging from the application to the acceptance to the closing documents.
Lenders may charge for these, or they may be included in the application and/or
attorney's fees.
Preparation of amortization schedule: Some lenders will prepare
a detailed amortization schedule for the full term of your mortgage. They are
more likely to do this for fixed mortgages than for adjustable mortgages.
Land survey: Most lenders will require that the property be
surveyed to make sure that no one has encroached on it and to verify the buildings
and improvements to the property.
Appraisals: Lenders want to be sure the property is worth
at least as much as the mortgage. Professional property appraisers will compare
the value of the house to that of similar properties in the neighborhood or
community.
Lender's mortgage insurance: If your down payment is less
than 20%, many lenders will require that you purchase private mortgage insurance
(PMI) for the amount of the loan. This way, if you default on the loan, the
lender will recover his money. These insurance premiums will continue until
your principal payments plus down payment equal 20% of the selling price, but
they may continue for the life of the loan. The premiums usually are added to
any amount you must escrow for taxes and homeowner's insurance.
Lender's title insurance: Even though there is a title search
for any obstacle (liens, lawsuits), many lenders require insurance so that should
a problem arise, they can recover their mortgage investment. This is a one-time
insurance premium, usually paid at closing; it is insurance for the lender only,
not for you as a purchaser.
Release fees: If the seller has worked with a contractor who
has put a lien on the house and who expects to be paid from the proceeds of
the sale of the house, there may be some fees to release the lien. Although
the seller usually pays these fees, they could be negotiated in the purchase
offer.
Inspections required by lender (termite, water tests):
If you apply for an FHA or VA mortgage, the lender will require a termite inspection.
In many rural areas, lenders will require a water test to make sure the well
and water system will maintain an adequate supply of water to the house (this
is usually a test for quantity, not a test for water quality).
Prepaid interest:
Your first regular mortgage payment is usually
due about 6 to 8 weeks after you close (for example, if you close in August,
your first regular payment will be in October; the October payment covers the
cost of borrowing money for the month of September). Interest costs, however,
start as soon as you close. The lender will calculate how much interest you
owe for the fraction of the month in which you close (for example, if you close
on August 25, you would owe interest for 6 days). In some cases this is due
at closing.
Escrow account: Lenders will often require that you set up
an escrow account into which you will make monthly payments for taxes, homeowner's
insurance, and PMI (mortgage insurance, if required). The amount placed in this
escrow account at closing depends on when property taxes are due and the timing
of the settlement transaction. The lender should be able to give you a close
approximation of these costs at the time you apply for your mortgage loan.
Up-Front Charges
The major portion of other up-front expenses is the deposit or binder you make
at the time of the purchase offer and the remaining cash down payment you make
at closing. In addition to the deposit and down payment, other up-front expenses
can include the following:
Inspections: In addition to inspections required by the lender,
you may make the purchase offer contingent on satisfactory completion of some
other inspections. These inspections might include: structural, water quality
tests and radon tests. You and the seller will need to negotiate these fees.
Owner's title insurance: You may want to purchase title insurance
for yourself so that if problems arise, you are not left owing a mortgage on
a property you no longer own. A thorough title search (going back to 1900 if
necessary) is often assurance enough of a clear title.
Appraisal fees: You may want to hire your own appraiser,
either before you sigh a purchase offer or after seeing the results of the lender's
appraisal.
Money to the seller: You will need to pay for items in the
house that you want and that were not negotiated in the purchase offer. Such
items may include appliances, light fixtures, drapes, or lawn furniture and
also fuel oil and propane left in tanks.
Moving expenses: If you are changing jobs, your new employer
may pay for your move. Otherwise, you must figure in the cost of moving, either
truck rental and hired help or a professional mover. Shopping around for moving
services can pay off. You will also need cash for utility deposits (phone, cable,
and the like).
Escrow account funds: In the purchase offer, you can request
that the seller set up an escrow account to defray any costs of major cleanup,
radon mitigation procedures, house painting, or other items. Also, if you have
not had a chance to try out some appliances (the furnace if you buy in the summer
or the air conditioner if you buy in the winter), you may request an escrow
account to cover repairs if necessary.
Depending on the purchase offer contract and contingency clauses, you may find
you have some expenses immediately upon moving in. For example, suppose your
purchase offer contract has a clause making the purchase contingent on a satisfactory
structural inspection, and the inspector determines that the house will need
a new roof. You could negotiate to have the seller arrange for the work to be
done, but this will probably delay the closing date--and you may have to agree
to a higher price for the house or to cover some of the expenses of the new
roof. Or you and the seller may be able to split the cost of a new roof, put
on after you move in, using estimates from a contractor of your choice, each
of you putting funds into an escrow account for the new roof. Or the seller
may be willing to reduce the sale price of the house by an amount you think
is fair. In either case, shortly after moving into your new home, you will need
cash for a new roof.
Time investment: An often overlooked major up-front cost in
buying a home is the time investment. The average household spends about 4 months
house hunting and looks at an average of 20 houses before closing a deal. In
addition to shopping for a home, you also spend time trying to find the best
mortgage terms and an attorney who will assist you with the legal issues in
purchasing a home.
How much time you spend looking for a home, a mortgage, and an attorney depends
on your location. You will spend less time if you know what you want in a house
and know much you can afford, and working with real estate agents will help
narrow the choices. How many mortgage lenders are in your area? You can reduce
time costs in mortgage shopping by keeping an eye on advertisements and use
the internet to search for the best deals.
What is RESPA?
The Real Estate Settlement Procedures Act (RESPA) contains information on the
settlement or closing costs you are likely to face. Within 3 days of the time
you apply for the mortgage, your lender is required to provide you with a "good
faith estimate of settlement costs," based on his or her understanding
of your purchase contract. This estimate should give you a good idea of how
much cash you will need at closing to cover pro-rated taxes, first month's interest,
and other settlement costs.
The act also requires lenders to give you an information booklet, Settlement
Costs and You, written by the U.S. Department of Housing and Urban Development,
which discusses how to negotiate a sales contract, how to work with various
professionals (attorneys, real estate agents, lenders), and your rights and
responsibilities as a home buyer. It also shows an example of the uniform settlement
statement that will be used at your closing.
What is "Truth in Lending"?
Mortgage lenders are required to give you a Truth in Lending (TIL) statement
containing information on the annual percentage rate, the finance charge, the
amount financed, and the total payments required. For adjustable rate loans,
the "total payments" figure is estimated as a "worst case"
scenario. The figure represents the payments you would make if your loan adjusted
upward to the maximum rate allowed by annual and lifetime caps and then stayed
there for the duration of the loan.
The TIL statement may also contain information on security interest, late
charges, prepayment provisions, and whether the mortgage is assumable. If you
have an adjustable rate loan, it may outline the limits on the adjustments
(annual and lifetime caps) and give an example of what your next year's payment
might be, depending on interest rates.
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