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Many of these people are in such a hurry to get a
deal that they are completely disregarding important legal
considerations that could hurt them later on.
There are fees and costs that you must plan to
pay for as part of a typical closing. If you are working with a
lender, the lender can be a tremendous help in explaining those
costs to you. But beware, even lenders will make mistakes, or forget
items that may not appear until you get to the closing.
Usually, a certain amount of closing funds must
be brought to the closing as “certified funds”. If you bring less
than the required amount, the closing will be delayed or halted
altogether. The closing attorney will only accept payments that meet
the criteria given them by the lender. These details are usually
spelled out in the loan application, but not always. You have to be
diligent in making sure you have all your funds before closing.
Sometimes, if your credit is borderline, or the
underwriting criteria for the loan is not quite there, the loan
underwriter will require an additional amount in certified funds, or
other documentation that must be brought to the closing.
Unfortunately, this can happen the day before closing, or even that
very day! It pays to stay on top of what’s happening all the way to
the table.
Costs associated with a typical closing are
negotiable between the buyer and seller at the time you sign the
contract. You could ask the seller to pay 100% of the closing costs,
and if you can get them to do that, you may only need whatever down
payment, if any, that you are required to pay by the lender.
Of course a true no money down deal has the
seller paying all the closing costs, while agreeing to no down
payment. While this is possible it is usually not likely, as most
sellers need some cash out of a sale. The key is how you come up
with the cash.
When you get to your closing, the closing
attorney will give you and the seller a settlement statement, also
known as a HUD-1. This statement looks somewhat like a balance
sheet, and will detail all the costs and payments associated with
the transaction.
If you are fortunate enough to get seller
financing, some of the typical closing costs and other transaction
related fees might not be required. For example, if the seller has a
survey that you are happy with, you may not want to pay for another
one. Unless you elect to have an appraisal done, there will be no
appraisal fee to pay, which is virtually always required with
typical loans.
Some of the fees that you may have to pay at
closing are Items payable in connection with the loan: Loan
Origination Fee, Loan Discount Points, Appraisal Fee (usually paid
before appraisal is done), and several other fees lenders may tack
on.
Then there are the reserves that have to be paid
up front to cover your future taxes and insurance. These are also
called “pre-paids”, and are commonly known in Georgia as “escrow”.
There may also be city, or county taxes, and annual assessments,
such as neighborhood association fees. There is also mortgage
insurance. Some loans require this to cover the risks associated
with lower down payments.
Other fees are known as “Title Charges” and are
associated with the work done to check on and insure a clear title.
These may include the title examination, Attorneys fees, title
insurance and several other associated fees, like document
preparation.
It seems like everyone in the real estate
business has a place to tack on a fee. Be sure you have read your
settlement statement carefully and understand it. If you are not
comfortable on your own, then you should bring your attorney to the
closing, to ensure the details are correct. I recently had a closing
where the attorney omitted my earnest money payment from the HUD-1.
This meant that I was not getting credit for hundreds of dollars I
had already paid to the seller. Fortunately we caught it at the
closing table, and rather than owning additional money, I got some
money back.
There are many potential fees and costs involved
in real estate transactions, and you need to become familiar with
them. Some should be regarded as a “must-have”, such as title
insurance. (The lender may require that you purchase title insurance
for them, as part of your closing costs, but this will not cover you
in the event that the title is found to be defective later on).
Other fees, like private mortgage insurance
should be avoided whenever possible. Again, seller financing can
reduce these fees drastically, since there is not a mortgage lender
involved. In any case, if you are not familiar with these items
yourself, find a good real estate attorney and let them advise you
as to what is best.
Remember that successful investors understand the
details!
Donna Robinson is a real estate investor, author,
and consultant located in Atlanta Georgia. You may read more of her
articles on her website at
http://www.realestateinvestorhelp.com/
or you may contact her by email at
drobinson@reihelp.com or
call 404 542-9903. |