In an instance where the real estate transaction is a cash deal (cash closing)। The transaction can be consummated by executing a handful of documents such as a Settlement Statement, Seller's and Purchaser's Affidavits, and Transfer Tax Form। However: a transaction which the buyer takes out a mortgage can require execution of many more documents. These documents will be prepared by the closing attorney's office and Lender. The documents furnished by the Lender will include Federal, State, and a host of others ranging forms including various affidavits to taxes. The following is a list of typical documents found in a loan package at the closing. Keep in mind that that this list is not conclusive. Each loan is unique. So, documents may vary somewhat according to the type of loan a buyer is getting. Pertain to buyer(s)
HUD-1 Settlement Statement:Developed by the U.S. Department of Housing and Urban Development, this document itemizes the services provided, fees, and charges associated with closing the loan. A buyer should request a copy the HUD-1 Settlement statement at lest 24 hours prior to closing. The copy of the HUD1 a buyer received prior to closing is will called a good faith estimate and may chanced slightly at closing
GRMA Disclosure
Required by the State of Georgia as a disclosure to the Borrower(s) that failure to comply with terms and conditions of the loan could result in foreclosure against the subject property
Representation Disclosure
Informs the Borrower(s) that the Closing Attorney's Office represents the Lender/Investor and not the Purchaser(s) or Seller(s)
Corrections/Errors and Omissions/Compliance Agreement
Agreement by Borrower's to cooperate with Lender and Settlement Agent in correcting typographical or clerical errors in any mortgage documents.
Truth-In-Lending Disclosure
Discloses the "annual percentage rate" (APR) reflecting the cost of the mortgage loan as a yearly rate. This rate will probably be higher than the rate stated on the Note because the APR includes, in addition to interest, loan discount points, fees, and other credit costs. Additional information is also provided, such as finance charges, schedule of payments, late payment penalties, and whether or not there is any penalty for early payoff of the loan.
Escrow Account Statement
Federal law required disclosure on every residential mortgage loan with escrow accounts for payment of future taxes and insurance reflects anticipated receipt and disbursement of escrow funds over the next (12) twelve months from the loan origination date.
Borrower's Certification and Authorization
Borrower's certification that all information he/she provided to the Lender in association with the mortgage loan was true and correct and authorizing Lender to re-verify credit information.
Promissory Note
An instrument the Borrower(s) sign which contains an unconditional promise to pay, on demand or at a fixed or determined future time, a particular sum of money to the Lender, a specified person, or the bearer of the Promissory Note. This document will outline the basic terms of the loan including names of Borrower and Lender, Interest Rate, Loan Amount, and period of repayment.
First Payment/Coupon Letter
Lenders must provide a temporary coupon for the Borrower(s) to make their initial mortgage payment in case the coupon payment booklet is not received in time for such payment.
Waiver of Borrower's Right
Acknowledges the Borrower's signed with the understanding that failure to meet the terms and conditions of the mortgage loan could result in foreclosure upon the collateral property and that this procedure is non-judicial in Georgia. (Check to see if your state is non-judicial or not.)
Security Deed
Usually signed the same time the Promissory Note is created. The Security Deed gives the Lender a "security interest" in property or real estate, providing the Lender the opportunity to seize the property in the event of default by the Borrower.
Riders
Attached to the Security Deed and in certain circumstances: For example: A Planned Unit Development Rider where the subject property is located in an area with covenants providing for mandatory assessments (e.g. Homeowner Association fees) or an Adjustable Rate Rider for Adjustable Rate mortgage loans.
Survey/Termite Waivers or Hold Harmless Forms
These are included based on the requirements of the given transaction. In some instances, mostly Refinances and Second Mortgages, Surveys and Termite Inspections are not required and thereby "waived." In cases where Surveys and Termite Inspections are required, the closing package will include a "hold harmless" agreement which serves as notice to the Borrower(s) that such services were provided by an independent contractor.
IRS Form W-9
Used by the Lenders as verification of Borrower's Social Security Number and for reporting interest deduction by the Lender to the IRS.
IRS Forms 4506/8821
Forms Authorizes the Lender to request a copy of Borrower(s) income tax return directly from the IRS.
Occupancy/Employment Affidavits
Certify that the Borrower(s) intend to occupy the subject property as a principal residence and that his/her employment status has not changed since loan application.
Flood Insurance
The Flood Protection Act of 1973 (Public Law 93-234) requires the purchase of flood insurance in certain flood prone areas as designated by the Department of Housing and Urban Development. Therefore, Borrower(s) must purchase such insurance if the property is located in an area where flood insurance is required.
Notice of Right of Rescission
Is used in case of Refinance and Second Mortgages, but not when property is subject of a sale. The notice of Right of Rescission gives the Borrower(s) the right under Federal Law to cancel the transaction, without cost, within three business days.
Pertain to Seller
Seller's Affidavit of Seller's Affidavit of Residence Verifies the Seller(s) is not subject to State of Georgia Capital Gains Tax withholding requirements.
Seller's Certificate of Exemption
Used in conjunction with the affidavit if Seller is not a resident of the State of Georgia, Verifies Seller's exemption from State of Georgia Capital Gains Tax withholding.
Owner's Affidavit
Affidavit of Seller(s) certifying that the property is conveyed "free and clear" of any liens, claims or judgments.
Warranty Deed
The Instrument that conveying title to real property from Seller(s) to Purchaser(s)
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