Closing Terms You Should Know
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Appraisal
An estimate of value of property resulting from analysis of facts about the property; an opinion of value.
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Annual Percentage Rate (APR)
The borrower’s costs of the loan and term expressed as a rate. This is not their interest rate.
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Closing Disclosure (CD)
Form designed to provide disclosures that will be helpful to the borrowers in understanding all the costs of the transaction. This form will be given to the consumer by the lender three (3) business days BEFORE closing to review. This form is normally used for closings that involve a Lender/Mortgage Company.
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Closing Date
The date the buyer and seller sign all documents prepared by the Lender and Title Company.
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Comparable Sales
Sales that have similar characteristics as the subject real property and used for analysis in the appraisal. Commonly called “comps”.
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Consummation
Occurs when the borrower becomes contractually obligated to the creditor on the loan, not, for example, when the borrower becomes contractually obligated to the seller on a real estate transaction. The point in time when a borrower becomes contractually obligated to the creditor on the loan depends on applicable State law.
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Deed Restrictions
Limitations in the deed or other recorded document to a parcel of real property that dictate certain uses that may or may not be made of the real property.
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Disbursement Date
The date the amounts are to be disbursed to a buyer and seller in a purchase transaction.
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Earnest Money Deposit (EMD)
A portion of the down payment made by a purchaser of real property as evidence of good faith; a deposit or partial payment.
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Easement
A right, privilege or interest limited to a specific purpose that one party has in the land of another.
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Endorsement
As to a title insurance policy, a rider or attachment forming a part of the insurance policy expanding or limiting coverage.
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Funding Date
The date the lender provides written authorization to the title company to disburse the loan proceeds.
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Hazard Insurance
Real estate insurance protecting against fire, some natural causes, vandalism, etc., depending upon the policy. Buyers often add liability insurance and extended coverage for personal property. This is completely SEPARATE from the Owners, Homeowners and Lender Title Insurance issued by the Title Company.
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Impounds
A trust type of account established by lenders for the accumulation of borrower’s funds to meet periodic payments of taxes, mortgage insurance premiums and/or future insurance policy premiums, required to protect their security.
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Instrument
A document that is signed in order to be recorded by the county. These document’s focus on clear identification of parties and property, employ black/blue ink, provide the legal description, ensure it's an original or certified copy, and include all necessary signatures, notarizations, and recording references, if applicable.
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Legal Descriptions
A description of land recognized by law, based on government surveys, spelling out the exact boundaries of the entire parcel of land. It should so thoroughly identify a parcel of land that it cannot be confused with any other.
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Lender / Mortgage Company
This is the company/business that provides the funds to purchase the real estate for the Buyer’s. The funds are sent to the Title Company before closing from the Lender to which the Buyer’s then pay the mortgage payment to in order to payoff the Loan that was received to purchase the real estate.
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Lien / Judgement
A form of encumbrance that usually makes a specific parcel or real property the security for the payment of a debt or discharge of an obligation. For example, judgements, taxes, mechanic’s lien’s, mortgages.
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Loan Estimate (LE)
Form designed to provide disclosures that will be helpful to borrowers in understanding the key features, costs and risks of the mortgage loan for which they are applying. Initial disclosure to be given to the borrower three (3) business days after loan application.
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Mortgage
The instrument by which real property is pledged as security for repayment of a loan. Signing this document secures the Note for the Loan signed at closing.
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PITI
A payment that includes Principle, Interest, Taxes and Insurance.
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Power of Attorney
A written instrument whereby a principal gives authority to an agent to act on his/her behalf.
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Real Estate
Land and any permanent structures or natural resources attached to it, like houses, buildings, trees, or minerals, representing both the physical property and the legal rights to it, encompassing residential, commercial, industrial, and vacant land types used for living, working, or investing. It's distinct from personal property (like vehicles) because it's immovable, and its value comes from its fixed location and the improvements on it.
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Recording
Filing documents affecting a real property with the appropriate government agency as a matter of public record.
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Settlement Statement (HUD)
Provide a complete breakdown of costs involved in a real estate transaction. (Majority of closings that use this documentation are cash closing’s but some lender closings also require the Settlement Statement instead of a Closing Disclosure).
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Tax-Proration
Real Estate taxes are due a year in arrears. The manner of adjusting this tax is based upon the purchasers contract. Tax Proration is when the Sellers or Buyers give a credit to the other party, within the closing, based off the CURRENT tax rates at the time of closing.