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HUD-1 .................. Closing Customs

By
Mortgage and Lending with George Souto NMLS #65149 FHA, CHFA, VA Mortgages NMLS #65149

Connecticut is an Attorney State, which means that Attorneys are the ones that conduct Residential Real Estate Closings.  This also means that Attorneys besides preparing the Closing Paperwork are the ones that do the Title Search, take out the Title Policy, and prepare the HUD-1.

Here in Middlesex County most Attorneys follow a similar procedure to one another, but when it comes to preparing the HUD-1 and funds needed for Closing, like oil tank adjustments, and special assessments. they do not follow one set procedure.  This can be a problem for those of us who try to give our Buyers/Borrowers a close estimate of what kind of funds they might need when we first meet with them.

Realizing that having different methods of arriving at the Closing Costs on the HUD-1 presents a problem for the rest of us involved in the Real Estate transaction, Attorney's in Middlesex County have decided to get together and come up with one set procedure that they will all follow in doing "Closing Customs".

Many of the Attorney's have already met as a group to start this process, and on Wednesday of this week (March 25th) they are meeting again, but this time they are opening up the meeting to the rest of us in the Real Estate Industry so that we may have an opportunity to give our input.

This is being done with the approval of the Middlesex County Bar, and the meeting will be held at the Middlesex Chamber of Commerce, on Main Street, Middletown, between 9:00 to 11:00.  There is limited space, and they are expecting a large number to attend, so if you plan on attending, call ahead to make sure that space is still available.

 

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Info about the author:

George Souto is a Loan Officer who can assist you with all your FHA, CHFA, and Conventional mortgage needs in Connecticut. George resides in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Higganum, Haddam, East Haddam, Chester, Deep River, and Essex. George can be contacted at (860) 573-1308 or gsouto@mccuemortgage.com

Posted by

George Souto
NMLS# 65149

C (860) 573-1308
CALL 7 Days/Wk
Fax (860) 760-6891

Email Me
About Me
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I am a Mortgage Loan Officer who can assist you with all your mortgage & refinancing needs in
CT, and RI

I can assist you with your Conventional,
FHA, CHFA, VA, USDA, & 203K loan programs.

I reside in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Haddam. E. Haddam, Higganum, Chester, Essex, Deep River.

 

Comments(12)

Donna Harris
Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX
Realtor,Mediator,Ombudsman,Property Tax Arbitrator

That sounds interesting.  I can't imagine costs could be so far off from one another to where it would prevent you from giving some kind of estimates in the ballpark.

Mar 22, 2009 07:59 AM
Barbara Delaney
Park Place REALTORS, Inc. - Roanoke, VA

Dear George,

We don't have to deal with attorneys here, but most of the attorneys who do closings have a well-oiled department that handles details. I am in Roanoke, Virginia.

I am glad that your attorneys are open enough to get together to talk.

Barbara

Mar 22, 2009 08:20 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

We have escrow co's doing the HUD's and keeping track of both sides paperwork. I like it that way. RE attorney's here do the litigation stuff...liens and so forth. Wtih escrow co's we can all have a neutral party available for questioning and so forth.  Good that you folks will be able to give some input.

Mar 22, 2009 08:21 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Donna, oil adjustments can be one of those area's.  Some Attorney's will do Closing Costs based on what oil is still in the oil tank, and some have the Seller provide a full tank of Oil.  That alone can provide a big difference.

Barbara, I have to give them credit, they are the ones that initiated it.

Sally I have only done Closings with Attorney's so I don't have anything to compare it with.  I will take your word for it that their is an advantage to doing them with escrow co's.

Mar 22, 2009 08:36 AM
Dena Stevens
Rocky Mountain Realty - Canon City, CO
Putting The Real Into Realtor Since 2004

George, I was just reading Maureen McCabes featured post about how far Active Rain has come, a baby book of sorts. It's because of posts from you and so many others that we learn. And I learned something tonight. Who knew? Colorado is a table funded state, no escrow, no attorneys unless somebody wants one. But we do go down to the wire and the last $1 at the table if neccessary. If we are prepared, as we should be, the settlement sheet comes in 24 hours prior to closing. It's then we pitch a fit over the last dollar.

Mar 22, 2009 02:19 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Dena, you have been a constant contributor as well.  Most of the haggling is over by the time of the Closing, but the reason why this is such a problem is when the Buyer has minimal funds, and all the sudden they are looking at a $500 bill that they were not prepared for.  With everyone using the same Closing Customs we can at least better prepare them for that early on.

Mar 22, 2009 03:30 PM
Neal Bloom
Brokered by eXp Realty LLC - Weston, FL
Realtor CRS-Weston FL Real Estate

George,

Similar here..we usually try to see the  HUD within 24 hrs in case of mistakes...but most times we don't get to approve them until hours before.

Mar 23, 2009 12:03 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

The matter of "attorney closings" or other is varies.

When I hear "attorney closing", I think of NY where the attorneys have control from contract on through closing. 

Attoney's doing the title search/exam, conduct the closing, order pass-throughs -- surveys, etc. are also done in MD and VA although the state permits licensed title companies to also handle closing.  Most of the title companies are owned and operated by attorneys.

Agents here, MD and VA still manage the contract from search to settlement.  We send the contract to the title company once it's accepted by the parties and then they do their thing.

It works. 

 

Mar 23, 2009 12:24 AM
Ann Hayden 636-399-7544
Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri - Des Peres, MO
SelectAnn.com

George,

Sounds like everyone will have a better idea of the costs.

Ann Hayden in warm Wildwood, Missouri

Mar 23, 2009 01:35 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Neal, my Closing Department does the same thing, but what this will hopefully do is give me a better idea of how the oil tank adjustment, and other assessments will be handled so that I can give them an even closer estimate of what their final closing costs will be.

Lenn, I am glad that we gave me that much of an explanation of how it is done where you are, because I am always interested in seeing how different parts of the country do this.

Ann, Yep yes they will.

Mar 23, 2009 06:36 AM
Paul Begemann
Attorney Paul H. Begemann - Hamden, CT

Most of the areas of the state here in CT have their own customs, which differ in details, but are generally similar.  For instance, the New Haven County Bar Association has their own customs (on their web site) I think that the Bridgeport Bar has customs (covering part of Fairfield County), there is a Bar Association in Westport,  and I think Hartford is working on revising their customs also.  Of course, one could make a good argument that the customs be compared and to the extent possible made the same, we are a pretty small state.  I trust the Middlesex County Bar has looked at the customs already 'on the books' so they not only do not reimvent the wheel but also make things as similar aspossible to those laready existing.  The biggest problem I have had in doing the HUD is the lender numbers.  We can do all the other adjustments (except maybe oil or propane which frequently the agent obtains and may come in late, and in some towns they insist on giving the sewer or water adjustment last minute).  But taxes and the like can be done well in advance.  With everything being done over the internet, the numbers can come in later and later and the closing can still go forward.  Not that long ago  the number had to be done a day or two in advance so that the lender could FedEx the package out.  Now with loading them on a website, it can be done later.  I should add that the best closings are when there is constant communication between attorney, lender, and realtors (and of course by extension buyer and seller) and the worst and the ones I really hate are when all the information comes as a big surprise at the closing table!

Mar 23, 2009 03:01 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Paul, yes even for a small state, we have differences between Counties, it would be nice if they could all be the same.  One thing that came out at the meeting on taxes was that the taxes on the MLS could sometimes be way off if the Seller is getting some special tax credit for the age, veteran, or the property had at one time qualified to be taxed as a farm.  This can create a big problem if the Buyers ratio were close to the qualifing limit for a loan.

Mar 27, 2009 11:19 AM