
Go
to any local courthouse and you can find property records detailing
real estate ownership in your community -- sometimes records that
date back hundreds of years.
These
records are important because they provide today's owners with
proof that they have good, marketable and insurable title to the
property they are selling. Equally important, such records enable
buyers to provide proof of ownership when they sell.
The
closing process, which in different parts of the country is also
known as "settlement" or "escrow," is increasingly
computerized and automated. In many cases, buyers and sellers
don't need to attend a specific event; signed paperwork can be
sent to the closing agent via overnight delivery.
In
practice, closings bring together a variety of parties who are
part of the "transaction" process. For example, while
the history of property ownership has been checked, it's possible
that the records contain errors, unrecorded claims or flaws in
the review itself, thus title insurance is necessary. At closing,
transfer taxes must be paid and other claims must also be settled
(including closing costs, legal fees and adjustments). In most
transactions, the closing agent also completes the paperwork needed
to record the loan.
What
to expect...
Settlement is a brief process where all of the necessary paperwork
needed to complete the transaction is signed. Closing is typically
held in an office setting, sometimes with both buyer and seller
at the same table, sometimes with each party completing their
papers separately.
Whatever
the case, the result is that title to the property is transferred
from seller to buyer. The buyer receives the keys and the seller
receives payment for the home. From the amount credited to the
seller, the closing agent subtracts money to pay off the existing
mortgage and other transaction costs. Deeds, loan papers, and
other documents are prepared, signed and filed with local property
record offices.
What
you need to do...
One of the best parts of settlement is that buyers and sellers
need to do very little.
Before
closing, buyers typically have a final opportunity to walk through
the property to assure that its condition has not materially changed
since the sale agreement was signed. At closing itself, all papers
have been prepared by closing agents, title companies, lenders
and lawyers. This paperwork reflects the sale agreement and allows
all parties to the transaction to verify their interests. For
instance, buyers get the title to the property, lenders have their
loans recorded in the public records and state governments collect
their transfer taxes.
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