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Closing the Sale
To finalize the sale of the property the seller chooses an attorney or title company. They insures that all terms and conditions of the seller's and buyer's purchase and sale agreement, or contract, are met prior to the sale being finalized, including receiving funds and documents, completing required forms and obtaining the release documents for any loans or liens that have been paid off with the transaction, assuring you clear title to your property before the purchase price is fully paid.
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The documentation the closing agent may be collecting includes:
- Loan documents
- Tax statements
- Proof of property insurance or "the binder."
- Title insurance policies
- Terms of sale and any seller-assisted financing
- Requests for payment for various services to be paid out of closing funds
- Proof the homeowner's or condo owners association dues are paid in full at closing (if there is an active association)
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Upon completion of all instructions of the contract, closing can take place. The final document of all debits and credits is known as a HUD-1. This is a federal document used for closing all real estate transactions. It let's you know as the buyer or seller who is paying for what and we will review it prior to closing. All outstanding payments and fees are collected and paid at this time (covering expenses such as title insurance, inspections, real estate commissions). Title to the property is then transferred to the seller and appropriate title insurance is issued as outlined in the purchase and sale agreement.
At the close of the transaction, money is collected in one lump sum and distributed to each of the parties according to the contract and can include payments to inspectors, surveyors, appraisers, for any necessary repairs or other third parties necessary to close. As your real estate agent, I'll inform you of the acceptable form of payment. Typically this is with a bank's cashier check or wire from your bank into the account of the closing agent. Often, closings can be done in person, by mail or other means necessary so long as the timeline set in the purchase and sale agreement are met.
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The Closing agent Will: |
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The Closing Agent Won't: |
- Prepare escrow instructions
- Prepare the HUD-1
- Request title and abstract search
- Comply with lender's requirements as specified in the purchase and sale agreement
- Receive funds from the buyer
- Prorate insurance, tax, interest and other payments according to instructions
- Record deeds and other documents as instructed
- Request title insurance policy
- Close escrow when all instructions of seller and buyer have been met
- Disburse funds
- Make all necessary recordings in the Alachua County Courthouse
- Send you the new deed once recorded
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- Give legal advice - unless they are an attorney representing you as the buyer.
- Offer opinions about tax implications
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Mortgage Escrow Account
A Mortgage Escrow Account is established with your lender to pay on-going expenses while there is a loan on the house. They were created to protect the lender from the home (for which they loaned you the money) not being covered by insurance or from the taxes not being paid. These expenses include property taxes, property insurance, mortgage insurance and other escrow items. Generally, the Escrow Account is partially funded at closing (called pre-paids) and the home buyer makes on-going contributions through their monthly mortgage payment. These funds are held by the lender in an interest free account. They pay your property taxes for you out of these funds once a year. In Alachua County, property taxes are paid on November 30th. The anniversary date of your sale is usually the date the lender will pay the premium on the 12 month insurance policy. |