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Mortgage Slang 101 - Closing

By
Mortgage and Lending with Homebridge Financial Services NMLS 210215

Most people think closing is when they sign their closing documents.  In our state, and in many states, that's not how it works.  Closing is when escrow can make the sellers funds available to them and the ownership rights available to the new buyer. 

Have all the terms of the purchase and sale agreement been met, the escrow instructions met, all contingencies and conditions met, and the deed has been recorded, and are the sellers funds available?  That's closing.

Escrow is a "disinterested third party" who is supposed to gather the buyers money, and the sellers deed, and transfer the one for the other once all parties have confirmed all is agreed upon.  They play a key role in the closing. 

Another key party in most transactions is the lender.  The lender won't release their loan to the borrower, which becomes the borrower/buyers funds to purchase, until they've had a chance to review the signed loan documents.  In a cash transaction, closing can't take place until the sellers signed deed to the buyer has gone to the county for recording.  So, it's impossible for "signing" to be the time of "closing". 

Closing is usually a day or two after all parties have signed closing documents.  Closing is when the funds are available to the seller and the deed is recorded for the buyer.

Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Brett - It works a bit differently here in Colorado - we're a "table-funding" state: the buyer brings the funds to the closing table and the seller brings the keys - the deal is done there and then, and possession usually passes to the buyer at that point unless other arrangements have been made. The deed gets recorded a few days later. This difference can cause some real problems when out-of-state lenders don't understand that funds need to be present at closing, but while the lack of funds can cause a technical default, it usually isn't called - possession is usually delayed until the money shows up - if that's a reasonable amount of time. Some lenders are really, really bad about this, and that usually means some sort of additional settlement from the buyer.

Oct 30, 2011 05:52 AM
Brett Reichel
Homebridge Financial Services - Rancho Cucamonga, CA
MLO 210215

Dick - Thanks for the comment!  That's fantastic!  It's interesting that different states do things so differently.  In the east, I hear that attorneys can be involved, everyone might sign at once, and there are other differences.  I'd love to have others post with how different their states are.  It only improves the post!

Oct 30, 2011 06:28 AM
Sharon Paxson
Sharon Paxson, Realtor® EQTY Forbes Global Properties - Newport Beach, CA
Newport Beach Real Estate

Hi Brett - I think these posts are good and explain to the consumer what it means. And it is interesting how it is done in different states.

 

Nov 11, 2011 06:52 AM