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I have a "clear to close" from the HUD title company. Now what?

By
Real Estate Broker/Owner with Riverbend Realty, Cape Girardeau, MO 2004008944
I have a "clear to close" from the HUD title company. Now what?
 
Congratulations! Now, you actually schedule the closing. HUD's title company REQUIRES at least six business days between scheduling and the actual close date. That is not negotiable (though it may vary a little from one HUD closer to another, the timeframe is clearly spelled out on the closing instructions that came with your signed contract).

The lender
Exhausted should communicate with the HUD title company about documents and figures. Be sure that the lender understands the six day rule. You will be working closely with the lender to determine when the documents are sent and when the buyer will actually sign.

Most HUD closings require the funds to be sent BEFORE the buyer signs final documents. You should clearly warn your client and the lender of that fact. In my market, the funds hav
e to be sent at least 24 hours before the buyer closes. Since this is a dramatic departure from other closings, be sure the lender understands.

Unless you live in the same city where the HUD closer is located, HUD will send a notary to witness your buyer's signature. You will be asked to provide the location for that final step, usually your office or the lender's office.

When does the buyer get keys? The buyer does NOT get keys. Following closing, the buyer's agent accompanies the buyer to the property and uses the key in the lockbox to let the buyer into the house. The keys should then be placed back into the lockbox for the listing agent to retrieve. It is the responsibility of the buyer's agent to notify the listing agent that closing is complete and that the buyer has been given access. Buyers then should rekey all locks. HUD keys are the sole property of HUD and are NEVER to be given to a buyer.

When do you get paid your commission? The notary sent by HUD will overnight the signed documents to HUD's title company. After the title company receives and processes the documents, the commission checks are cut and mailed to the respective real estate brokers. Unfortunately, those checks are not usually sent via overnight delivery, so it may be a few days before your broker receives the check.


An agent who sells a HUD property must be prepared for a few extra steps in the process, but the reward is an undiscounted commission and a happy buyer!

Posted by

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If you are looking for a foreclosure in Cape Girardeau, Perry, N. Scott, or Bollinger counties, I am the region's most experienced REO agent. As the area's ONLY Fannie Mae direct listing agent, I list more foreclosure properties than any other agent in this MLS. I am among the few local agents approved to both list and sell HUD properties. Give me a call if you are looking for help with the purchase of a foreclosure property.

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http://www.homepath.com/  for Fannie Mae properties

http://www.homesteps.com/  for Freddie Mac properties

http://www.hudhomestore.com/ for HUD properties (foreclosures that were FHA financed)

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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Good post and it brought back memories of the HUD deal I did and how I am not eager to do again either...It is stricter that an English professor

Jun 12, 2013 11:21 PM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

We are so very fortunate here in Naples to have finally landed on a great title company that knows all of this and takes care of it all in a timely manner.  No worries when I work with Alpha Title Services.  Have been with pretty much everyone in town but Alpha takes care of all of these deadlines for us.

Jun 12, 2013 11:28 PM
Vanessa Saunders
Global Property Systems Real Estate - White Plains, NY
Real Estate | Done Differently

This is excellent information, thank you.

Jun 12, 2013 11:50 PM
Jill Winchel
Royal Shell Real Estate - The Koffman Group - Cape Coral, FL
We make it easy. You make it home.

Thanks for the blog. I've taken a class on HUD homes so that I would be prepared should a client want to put in a bid, but I haven't gone through the process yet. Reminders are always helpful.

Jun 13, 2013 12:12 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Lots of rules with HUD. Don't really work the HUD market. Not that many here.

Jun 13, 2013 12:43 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Amanda and Jared~Giving the benefit of the doubt here, but maybe the sales you were discussing were some other type of foreclosure. In Fannie Mae sales, for instance, the locks are rekeyed prior to closing and the buyer does get keys at closing. HUD, however, is dramatically different.

Jun 13, 2013 01:02 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Richie~That's a good analogy and FUNNY!

Jun 13, 2013 01:04 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Chris and Dick~I cannot imagine how wonderful that would be! Most states have only one or two HUD title companies, so the vast majority of HUD deals are done with out-of-town title companies and are witness closings.

Jun 13, 2013 01:08 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Vanessa~You are welcome!

Jill~Bidding, contract preparation, and inspection processes are topics for another blog, but there are some big differences in those areas, as well. Maybe the most confusing aspect of all is the fact that the buyer or buyer's agent is responsibile for utility turn-on, and utilities can only be turned on after permission is granted from the property preservation company.

Bill~That fact makes the HUD deal even more difficult, because there is a learning curve. Hopefully, you can find blogs and/or a helpful HUD listing agent when you do want to put together an offer on a HUD property.

Jun 13, 2013 01:37 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Liz, good information for agents who want to start handling HUD properties. Thanks for sharing it.

Jun 13, 2013 01:40 AM
Paul McFadden
Responsive Pest Control - Seattle, WA
Pest Control, Seattle, WA.

Thanks for the info. Yes, these deals take longer and need to be accounted for. Thanks again for the post!

Jun 13, 2013 02:21 AM
Ronald DiLalla
Century 21 Discovery DRE 01813824 - Anaheim, CA
No. Orange Cty Real Estate

Hi Liz..terrific blog....with great explantions.....Thanks for sharing with us..

Jun 13, 2013 04:33 AM
Team Honeycutt
Allen Tate - Concord, NC

It seems that an Agent must take special care to get everything correct on a HUD closing. I suppose the extra commission is attractive.

Betty

Jun 13, 2013 06:52 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Michael~You only have to SELL a HUD property to need this info.

Paul~You are welcome!

Ronald~You are welcome!

Betty~Any commission is attractive, but sometimes foreclosures have discounted commissions--and that's a tough pill to swallow, considering the added stress for both agents.

Jun 13, 2013 07:00 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Thanks for this post.  I have shown some HUD properties, but never had a buyer that ended up putting and offer in on one, let alone closing.  I will know where to go if I need to find out how the closing works.

Jun 13, 2013 01:09 PM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

You are welcome, Joan! Glad to help.

Jun 13, 2013 01:52 PM
Graziella Bruner
NCS Premier Real Estate - Detroit, MI
Associate Broker - Serving Wayne & Oakland County
Great post and great information for those thinking about selling HUD homes. The last few deals I had that closed, listing agent and I both went to the house after closing, let the buyer in and it was at that time the buyer had the locks rekeyed. HUD deals don't end at the closing table, it's always a day or two after, and really to an agent it's not closed until the agent has a check in their hand.
Jun 13, 2013 02:08 PM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Graziella~I often attend the witness closing and then go with buyer and agent to the house. Sometimes, the buyer's agent notifies me that closing is complete, and I meet the buyer at the house. Either way, I get the HUD key back, as well as my signs and lockbox.

And, yes, for the agents, it's a DRY closing until the check is in hand!

Jun 13, 2013 02:21 PM
Connie Harvey
Pilkerton Realtors - Brentwood, TN
Realtor - Nashville TN Real Estate

Liz, I just closed a HUD transaction last month. It went pretty smoothly. We don't seem to have HUD keys anymore here.

Jun 14, 2013 04:03 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Connie~Fannie Mae is phasing out having master keys, but so far, HUD still uses master keys.

Jun 14, 2013 01:41 PM