Closing Costs Detail
- Statutory Costs
- Third Party Costs
- Finance and Lender Charges
- Other Up-Front Expenses
- What is RESPA?
- What is Truth In Lending?
Statutory costs are expenses you would have to pay to state and local agencies even if you paid cash for the house and did not need to take out a
mortgage. They include the following:
- Transfer taxes are required by some localities to transfer the title and deed from the seller to you.
- Recording fees for deed pay for the county clerk to record the deed and mortgage and change the property tax billing.
- Pro-rated taxes such as school taxes and municipal taxes may have to be split between you and the seller because they are due at different times of the year. For
example, if taxes are due in October and you close in August, you would owe taxes for 2 months while the seller would owe taxes for the other 10 months. Prorated taxes usually are paid based on the number of days (not months) of ownership. Some lenders may require you to set up an escrow account to cover
these bills. If your lender does not require an escrow account, you may want to set up a special account on your own to make sure you have money set aside for these important, and large, bills.
- Other state and local fees can include mortgage taxes levied by states as well as other local fees.
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Third-Party Costs are expenses paid to others such as inspectors or insurance firms. You would have to pay many of these expenses even if you
paid cash for the house. Examples of third-party costs are as follows:
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- Escrow fees: You will probably want to work with an Escrow Comapny when buying a home. Escrows usually charge a percentage of the selling price
(.1-.2 percent on average), but some may work for a flat fee.
- Title search costs: Usually your Escrow Officer will do or arrange for the title search to make sure there are no obstacles (liens, lawsuits) to your owning the home. In some
cases, you may work with a title company to verify a clear title to the property.
- Homeowner's insurance: Most lenders require that you prepay the first year's premium for homeowner's insurance (sometimes called hazard insurance) and bring proof of
payment to the closing. This insures that their investment will be secured, even if the house is destroyed.
- Real estate agent's sales commission: The seller pays the commission to the real estate agent. If one agent lists the property and another sells it,
the commission usually is split between the two. It's important to keep in mind that even the commission is negotiable between the seller and the agent.
Finance and Lender Charges
Most people associate closing costs with the finance charges levied by mortgage lenders. The charges you pay will vary among lenders, so it pays to shop around for
the best combination of mortgage terms and closing (or settlement) costs.
You may have to pay the following charges:
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- Origination or application fees: These are fees for processing the mortgage application and may be a flat fee or a percentage of the mortgage.
- Credit report: Most lenders will require a credit report from you and your spouse or equity partner. This
fee often is a part of the origination fee.
- Points: A point is equal to 1% of the amount borrowed. Points can be payable when the loan is approved
(before closing) or at closing. Points can be shared with the seller--you may want to negotiate this in the purchase offer.
Some lenders will let you finance points, adding this cost to the mortgage, which will increase your interest costs. If you pay the points up front,
they are deductible in your income taxes in the year they are paid. Different deductibility rules apply to second homes.
- Lender's attorney's fees: Lenders may have their attorney draw up documents, check to see that the title is clear, or validate a trust document and represent them at the closing.
- Document preparation fees: You will see an amazing array of papers, ranging from the application to the acceptance to the closing documents. Lenders may charge for these, or they
may be included in the application and/or attorney's fees.
- Preparation of amortization schedule: Some lenders will prepare a detailed amortization schedule for the full term of your mortgage. They are more likely to do this for fixed mortgages than
for adjustable mortgages.
- Land survey: Most lenders will require that the property be surveyed to make sure that no one has encroached on it and to verify the buildings and improvements to the property.
- Appraisals: Lenders want to be sure the property is worth at least as much as the mortgage. Professional property appraisers
will compare the value of the house to that of similar properties in the neighborhood or community. The appraisal will be ordered through an AMC (Appraisal Management Company). The AMC will
set the fee for inspection based on expected value, and will be the liason between the lender and the appraiser. Most lenders by law will not have any direct contact with appraisers to protect against fraud and collusion.
- Lender's mortgage insurance: If your down payment is less than 20%, many lenders will require that you purchase private mortgage insurnace (PMI) for the amount of the loan. This
way, if you default on the loan, the lender will recover his money. These insurance premiums will continue until your principal payments plus down
payment equal 20% of the sellling price, but they may continue for the life of the loan. The premiums usually are added to any amount you must escrow
for taxes and homeowner's insurance.
- Lender's title insurance: Even though there is a title search for any obstacle (liens, lawsuits), many
lenders require insurance so that should a problem arise, they can recover their mortgage investment. This is a one-time insurance premium, usually
paid at closing; it is insurance for the lender only, not for you as a purchaser.
- Release fees: If the seller has worked with a contractor who has put a lien on the house and who expects to be paid from the proceeds of the sale of the house, there
may be some fees to release the lien. Although the seller usually pays these fees, they could be negotiated in the purchase offer.
- Inspections required by lender (termite, water tests): If you apply for an FHA or VA mortgage, the lender will require a termite inspection. In
many rural areas, lenders will require a water test to make sure the well and water system will maintain an adequate supply of water to the house
(this is usually a test for quantity, not a test for water quality).
- Prepaid interest: Your first regular mortgage payment is usually due about 6 to 8 weeks after you close (for example, if you close in August, your first regular payment
will be in October; the October payment covers the cost of borrowing money for the month of September). Interest costs, however, start as soon as you
close. The lender will calculate how much interest you owe for the fraction of the month in which you close (for example, if you close on August 25, you
would owe interest for 6 days). In some cases this is due at closing.
- Escrow account: Lenders will often require that you set up an escrow account into which you will make monthly payments for taxes, homeowner's insurance, and PMI
(mortgage insurance, if required). The amount placed in this escrow account at closing depends on when property taxes are due and the timing of the
settlement transaction. The lender should be able to give you a close approximation of these costs at the time you apply for your mortgage loan.
Other Up-Front Expenses
The major portion of other up-front expenses is the deposit you make at the time of the purchase offer and the remaining cash down payment you make at
closing. In addition to the deposit and down payment, other up-front expenses can include the following:
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- Inspections: In addition to inspections required by the lender, you may make the purchase offer contingent on satisfactory completion of some other inspections. These
inspections might include: structural, water quality tests and radon tests. You and the seller will need to negotiate these fees.
- Owner's title insurance: You will likely be required to purchase title insurance for yourself so that if problems arise, you are not left owing a mortgage on a property you no longer own. A
thorough title search (going back to 1900 if necessary) is often assurance enough of a clear title. This item can also be paid for by the seller of a property
- Appraisal fees: You may want to hire your own appraiser, either before you sigh a purchase offer or after seeing the results of the lender's appraisal.
- Money to the seller: You will need to pay for items in the house that you want and that were not negotiated in the purchase offer. Such items may include appliances, light fixtures, drapes, or lawn furniture and also fuel oil and propane left in tanks.
- Moving expenses: If you are changing jobs, your new employer may pay for your move. Otherwise, you must figure in the cost of moving, either truck rental and hired help or a professional mover. Shopping around for moving services can pay off. You will also need cash for utility deposits (phone, cable, and the like).
- Escrow account funds: In the purchase offer, you can request that the seller set up an escrow account to defray any costs of major cleanup, radon mitigation procedures,
house painting, or other items. Also, if you have not had a chance to try out some appliances (the furnace if you buy in the summer or the air
conditioner if you buy in the winter), you may request an escrow account to cover repairs if necessary.
Depending on the purchase offer contract and contingency clauses, you may find you have some expenses immediately upon moving in. For example, suppose your purchase
offer contract has a clause making the purchase contingent on a satisfactory structural inspection, and the inspector determines that the house will need
a new roof. You could negotiate to have the seller arrange for the work to be done, but this will probably delay the closing date--and you may have to
agree to a higher price for the house or to cover some of the expenses of the new roof. Or you and the seller may be able to split the cost of a new
roof, put on after you move in, using estimates from a contractor of your choice, each of you putting funds into an escrow account for the new roof.
Or the seller may be willing to reduce the sale price of the house by an amount you think is fair. In either case, shortly after moving into your new
home, you will need cash for a new roof.
- Time investment: An often overlooked major up-front cost in buying a home is the time investment. The average household spends about 4 months house hunting and looks at an
average of 20 houses before closing a deal. In addition to shopping for a home, you also spend time trying to find the best mortgage terms and an
Realtor who will assist you with the logistical issues in purchasing a home.
How much time you spend looking for a home, a mortgage, and a Realtor depends
on your location. You will spend less time if you know what you want in a house
and know how much you can afford, and working with real estate agents will help
narrow the choices.
What is RESPA ?
The Real Estate Settlement Procedures Act (RESPA) contains guidance and information on the settlement or closing costs you are likely to face. Within 3 days of the
time you apply for the mortgage, your lender is required to provide you with a good faith estimate of settlement costs, based on his or her
understanding of your purchase contract. This estimate should give you a good idea of how much cash you will need at closing to cover pro-rated
taxes, first month's interest, and other settlement costs.
The act also requires lenders to give you an information booklet, Settlement Costs and You, written by the U.S. Department of Housing and Urban Development, which
discusses how to negotiate a sales contract, how to work with various professionals (attorneys, real estate agents, lenders), and your rights and
responsibilities as a home buyer. It also shows an example of the uniform settlement statement that will be used at your closing.
One business day before you close, you are entitled to see a copy of the Uniform Settlement Statement with your figures on it so you will know just
how much the final costs will be.
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What is Truth in Lending?
Mortgage lenders are required to give you a Truth in Lending (TIL) statement containing information on the annual percentage rate, the finance charge,
the amount financed, and the total payments required. For adjustable rate loans, the total payments figure is estimated as a worst case scenario.
The figure represents the payments you would make if your loan adjusted upward to the maximum rate allowed by annual and lifetime caps and then
stayed there for the duration of the loan.
The TIL statement may also contain information on security interest, late charges, prepayment provisions, and whether the mortgage is assumable. If
you have an adjustable rate loan, it may outline the limits on the adjustments (annual and lifetime caps) and give an example of what your next
year's payment might be, depending on interest rates.
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