Closing
What Documents Will Be Signed at Closing?
By the time a transaction reaches its final closing day, a lot of items have been completed. By this stage, the title commitment’s terms generally have been satisfied, settlement statements and closing disclosures have been distributed, and the parties know how the transaction is going to be financed.
Depending on your market, closing documents may be signed on or shortly before your scheduled closing date. In this discussion, we will walk through a few of the common documents each party will execute in connection with their closing.
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Buyer's Documents
In most transactions, the buyer has the majority of the paperwork at closing. This is typically due to the fact that the buyer will be executing final financing documents. Here are a few common closing documents buyers should expect to sign:
Mortgage and Promissory note or Deed of Trust:
The final step in the financing process is to sign loan documents. These documents will take the form of a mortgage, promissory note, and/or a deed of trust depending on your market and the lender’s requirements.
The promissory note is the legal agreement to accept the loan. It details all the terms of the loan, with a specific focus on repayment terms.
The mortgage or deed of trust is the security instrument that sets the property as collateral for the loan. This document is generally recorded in the public record and sets forth the terms under which your lender can foreclose on the property in the event of a payment default under the note.
Mortgage application:
An updated mortgage application may need to be signed at closing.
Closing Disclosure (CD):
This is the document that contains all the fees and costs associated with the loan and is generally prepared by your lender.
Settlement statement:
For closing, the buyer’s settlement statement will detail the financials of the transaction, including the purchase price paid, any prepaid items such as property taxes, homeowner’s insurance, or homeowner’s association fees, the buyer’s portion of closing costs, title insurance premiums, or real estate commissions and any other expenses paid.
Certificate of occupancy:
For newly constructed homes, this certifies that the home is safe and properly constructed. These certificates are provided by the local government after an inspection of the home and are generally required to be delivered into escrow before the transaction can close
Seller's Documents
In most closings, the seller has fewer documents to sign, but they are no less important to the closing. The seller is transferring ownership of the property at the closing, so understanding the documents that effectuate the transfer of title can be very helpful when entering the process.
Affidavit of title:
This is a document stating that the seller owns clear title to the property being sold and has not sold it to anyone else or agreed to any new or unrecorded encumbrances against the property.
Deed:
The deed is the document transferring title to the property from the seller to the buyer.
Tax declaration:
Depending on the state, you may be required to sign a document declaring the sales tax you owe on the purchase price.
Settlement statements:
For closing, the seller’s settlement statement will detail the financials of the transaction, including the purchase price paid, and any amounts deducted therefrom for any payoffs to existing liens or mortgages, property taxes or other assessments owed by the seller(s), the seller’s portion of any closing costs, title insurance premiums or real estate commissions and any other expenses paid out of the closing proceeds.
1099 form:
The seller will be required to sign a 1099 tax form or provide a 1099 certification of exemption.
Certificate of Non-Foreign Status:
This form is required by federal statute and indicates whether the seller is a U.S. citizen.
The information provided in Blueprint Academy does not, and is not intended to, constitute legal advice. All content is for general informational purposes only and is not intended to provide a complete description of the subject matter. Specific processes will vary based on applicable law. The title and closing process will be handled by a third-party attorney to the extent required by law. Product offerings vary by jurisdiction and are not available or solicited in any state where we are not licensed.