Chp. 11 - Title Closing and Costs

Question 1

title closing

Answer 1

• buyer completes financing arrangements
• seller transfer the title
• both buyer and seller pay taxes, fees and other charges

Question 2

Attendees at the closing:

Answer 2

1 - Buyers - pays for the property and receives clear title
2 - Seller - conveys property and receives payment
3 - Closing agent - prepares all documents that need to be signed at the closing

May attend but not required: Attorneys, lender representative, real estate agent, title company representative

Buyer and seller must verify all contract terms are fulfilled once verified:

• Mortgage loan is closed
• Existing liens on property are satisfied
• Buyer pays the purchase price for the property
• Each party pays all fees
• Seller delivers the title

Question 3

deed

Answer 3

most important document at closing since it transfers the property to the purchaser.

Deed is prepared by the seller’s attorney who uses the old deed as a template to prepare new one.

Question 4

survey

Answer 4

verify the location and size of the property. Also identifies any easements, enroachments or flood hazard

Question 5

recording the acts

Answer 5

gives the property owner protection from any other titles to the property not recorded in the public record

Question 6

Constructive notice/legal notice

Answer 6

knowledge of a fact that a person could have or should have obtained.

Best method is recordation of ownership documents in public records specifically title records.

Question 7

Actual notice

Answer 7

person who has actual knowledge of something through direct experience or communication.

Question 8

Torrens system

Answer 8

Different from other title recording systems in that title passes only when the conveyance has been duly registered on the title certificate itself

Suffolk County and NY use the Torrens system

Question 9

marketable title

Answer 9

seller is required to deliver a marketable title at closing. That is so free of defects that the buyer is certain he or she will not have to defend the title.

The seller must have proof of ownership of the property known as evidence of title.

Question 10

Chain of title

Answer 10

succession of property owners of record dating back to the grant of title

Question 11

title search

Answer 11

lender will order a search to ensure there are no liens on the property before lending money

Question 12

clouded title

Answer 12

If there is a missing link in the chronology of owners, the chain is said to be broken

Question 13

suit to quiet title

Answer 13

to remove the cloud, the owner will need to file a suit which clears the title record of unrecorded claims

Question 14

abstract of title

Answer 14

written, chronological summary of the property’s title records and other public records affecting rights and interests in the property

Question 15

title insurance

Answer 15

combines abstracting process with an insurance program. The policy holder is protected against losses that arise from “hidden” defects

Title insurance company:

• Examines all records pertaining to the property’s recorded history
• Reviews risks that might not appear in the public record
• Interprets the legality of the records
• Helps the property owner correct any defects
• Insures the property against economic loss

Both the buyer and lenders should have title insurance. Fee is paid one time when property passes from one owner to another. Stays in effect until property sells again

Question 16

Homeowner’s Insurance

Answer 16

lenders require the buyers to purchase property insurance so that their interest in property is also protected.

Most common type of insurance is homeowner’s insurance.

Question 17

Real Estate Settlement Procedures Act (RESPA)

Answer 17

requires parties to certain transactions receive correct figures pertaining to their closing costs.

Applies to residential property, first/second mortgages, federally financed loans

Does not apply to seller-financed loans or to loan assumption

Prohibits any payment or receiving of fees or kickbacks when a service has not been rendered (ie, insurance company can’t pay kickback to a real estate agent or lender for referring a client)

Question 18

TRID-RESPA Rule

Answer 18

• Lenders must give a copy of “Your home loan toolkit” to every person at the time of application for a loan
• Lenders must provide Loan Estimate of settlement costs at the time of loan application within 3 business days

Question 19

Closing disclosure

Answer 19

must be be delivered to the borrower 3 days before closing

-itemizes costs due (city or county tax, attorney fees…)

Question 20

Disclosures after settlement

Answer 20

loan services must provide borrowers with annual escrow statement summarizing transaction prior 12 month period.

Question 21

closing statement

Answer 21

detailed statement showing all transaction prepared before closing (all debits and credits)

Question 22

real estate transfer tax/revenue stamps

Answer 22

tax imposed on any deed for real property in NYS. Amount of tax based on how much money seller gets in the transaction.

Tax is due when filing the deed and collected by county clerks through state.

In NY tax is $4 per $1,000 purchase price.

Example: Sale price of the property is $575,000/$1,000 = $575

$575 x $4 = $2,300

Question 23

NYC Real Property Transfer Tax

Answer 23

Sellers who sell residential property in NYC have to pay an additional NYC Real Property Transfer Tax (RPTT).

Property sells for $500,00 or less the tax is 1% of the selling price. If sale price is over $500,00 the tax is 1.425%

Example:
$575,000 x 1.425% = $8,193.75 would be the additional tax

Question 24

Real Property Transfer report

Answer 24

required by NYS Office of Real Property. Documents information about property transfers within the state. Form must be submitted with all deeds at time of recording. Fee of $75 for (1-3 family dwellings, residential condo, rural homes, farm property)

For all other types of property fee is $165

Question 25

FIRPTA Certificate

Answer 25

passed in 1985 requires buyers to withhold taxes equal to 10% of the sale price in any sale or exchange of property owned by a foreigner. IRS keeps this 10% to ensure that any capital gains on the sale are paid.

Question 26

Proration

Answer 26

expenses paid at closing are divided equally between buyer and seller like: -Real Estate taxes -Insurance -Fuel Water/sewer charges -Rent -Security deposits

Question 27

prepaid expenses

Answer 27

items paid in advance and buyer will owe remaining amount (buyer will receive a debit and seller will receive a credit)

Question 28

accrued expenses/paid in arrears

Answer 28

expenses seller incurred but have not yet been billed for at the time of closing (buyer will get credit and seller will get debit)

Question 29

12 month/30 day method

Answer 29

calculates amounts due based on 360 day year and 30 day month - Divide by 12 get monthly rate - Divide by 30 to get daily rate - Multiply month rate by number of months seller owned the property - Multiply daily rate by number of days seller owned property - Add two amounts to get prorates amount for seller - Subtract sellers prorated amount from the starting amount to get the buyer's prorated amount Jim and Beth have sold their single-family residence to Tim and Sue and are closing on May 17. The real estate taxes for the property are $1,950. What is Jim and Beth's share of the taxes? What is Tim and Sue's share? Total amount: $1,950.00 Monthly amount ($1,950 ÷ 12) $162.50 Daily amount ($162.50 ÷ 30) $5.42 Sellers' share = $742.14 $162.50 x 4 months (January through April) = $650 $5.42 x 17 days (May 1 through 17) = $92.14 $650 + $92.14 = $742.14 Buyers' share = $1,207.86 $1,950 - $742.14 = $1,207.86 In the example above, the prorated amounts were sellers' share = $742.14 and buyers' share = $1,207.86. Since the buyers pay the taxes at the end of the year, the sellers' share of $742.14 will be shown as a debit to the seller and a credit to the buyer.

Question 30

365 day method

Answer 30

using the 365 day year 1-Divide amount by 365 to get daily rate 2-Multply daly rate by number of days seller owned the property before closing 3-Subtract sellers prorated amount from the starting amount to get the buyer's prorated amount Buyers Greg and Jane have arranged to take over Kathy and Al's insurance policy. The premium is $550 per year paid in advance on March 1. Closing on the property is set for June 11. What is Kathy and Al's share of the insurance cost? Total amount: $550.00 Daily amount ($550 ÷ 365) $1.51 Sellers' share = $155.53 $1.51 x 103 days (March 1 through June 11) = $155.53 Buyers' share = $394.47 $550 - $155.53 = $394.47 Since Kathy and Al paid the premium in advance, Greg and Jane's share of $394.47 will be credited to the sellers and debited to the buyers.

Question 31

closing disclosure

Answer 31

5 page document with official settlement statement used by settlement agents and title companies to itemize all charges for borrower and seller