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When my husband and I purchased our first home in Salt Lake City, Utah, it seemed like there were endless forms to fill out and too many documents to sign, followed by at least an hour of signing more closing document to wrap up the sale. The amount of paperwork involved with buying a home feels endless. However, It’s important to know what documents you’re signing at closing, and why you’re signing them because purchasing a home is a huge investment!
I want to help first-time homebuyers understand what they’ll be reviewing during closing, and/or give experienced homebuyers a friendly reminder. So, below is a list of the most common closing documents you’ll encounter and a brief description of what they entail. Documents are in order alphabetically, by name.
The Affidavit of Title
The Affidavit of Title is a legal document which establishes that the seller holds the title to the property. The new homeowner will sign this document upon taking ownership. Also, it includes any information about liens or other title issues for that property.
The Certificate of Occupancy
The Certificate of Occupancy is a document that’s provided to the homebuyer and contains the address and description of the property. It verifies that it us up to code, which serves as proof that the property is fit to live in and fit for its purpose. This document only applies to new-build homes, therefore anyone closing on an existing home doesn’t need to worry about this one.
The Closing Disclosure
A Closing Disclosure is a form for the new homebuyer which gives the final details of the mortgage loan. It includes the loan terms, projected monthly payments, and how much the new homebuyer will pay in fees and other costs to get the mortgage (closing costs).
The Deed
A Deed is a legal document that transfers ownership of home from the current owner to the new buyer. It also contains a description of the property boundaries and any real property that it contains. Therefore, it is crucial to review this document for accuracy. Every real estate deed must be notarized and filed with the local government in order for the new homebuyer to sell the property, refinance the property, or obtain a line of credit on it. The title insurance company generally performs this task, but it’s important for the homebuyer to verify the process.
The Home Inspection Report
The Home Inspection Report is a detailed list of the the condition of the home and its components. It generally includes the following: foundation, exterior, bathroom fixtures, appliances, roof, plumbing, HVAC system, gas system, and electrical system. An inspector will visually examine the home and then provide the report. This is done prior to closing so that the buyer can review the document and request fixes to be made or even change their mind about purchasing the property.
The Homeowners Insurance
Lenders in Utah require homeowners insurance, and will ask for proof of insurance as one of the closing documents. Lenders want proof that their investment is protected.
The Initial Escrow Statement
The Initial Escrow Statement also goes by the name of the “Initial Escrow Disclosure”. This document outlines how the escrow account is set up and what expenses it covers. It covers common elements such as property taxes, mortgage insurance, homeowners association dues, etc.
The Loan Application
The Loan Application is the homebuyer’s acknowledgement that they understand the terms of the loan and their financial obligation to repay it. The new homebuyer will review this document along with the mortgage application. Therefore, it is important to review for accuracy and notify of any changes.
The Mortgage
The mortgage also goes by the name “The Deed of Trust.” This is an agreement between the new homebuyer and a lender that allows the homeowner to borrow money to purchase or refinance a home. The mortgage legally allows the lender to put the home up as collateral for the loan.
The Promissory Note
The Promissory Note describes the homebuyer’s commitment and responsibility to the mortgage loan. It will state the amount of the loan, the interest rate, repayment schedule and any consequences of defaulting.
The Purchase Agreement
The Purchase Agreement is sometimes called a “Purchase and Sale Agreement” or a “Real Estate Purchase Contract (REPC)”. It is a legally binding document between the buyer and seller for real estate purchases. The Purchase Agreement contains details such as: new homebuyer info, purchase date, purchase price, purchase details (property and any included amenities), how it will be paid for (loan, cash, etc.) It also contains details such as appraisals, conditions of purchase, etc. Utah law requires licensed Real Estate agents to use the REPC form, although the home buyer and home seller can agree to alter or delete its provisions, or to use a different form.
The Sellers Disclosure
The Sellers Disclosure is a document that lists in detail any issues with a home. In the state of Utah, a seller is required by law to disclose material defects and latent defects. Material defects are things you can easily see or find. Latent defects are not easily seen or not obviously apparent.
The Title Document
The Title Document is a list of all previous owners of the home and any liens or other clouds on the title. You’ll need to pay off any additional/existing liens in order to have a free and clear title. It’s important to review this document to prevent delays in the closing process. When you buy a home, you acquire the title, which represents your ownership rights.
The Title Insurance Policy
The Title Insurance Policy is a document that outlines protections for the lender. Hidden title hazards can emerge after purchasing a home, but title insurance can offer protection against them.
The Transfer of Tax Declaration
The Transfer of Tax Declaration is a document that lists the taxes owed for the transfer of the property. Utah does not charge a real estate transfer tax, therefore this is not a concern for Utah homebuyers as it is not a required closing document.
Thanks for Reading!
I hope this article was helpful! Now you’ve seen a quick summary of the closing documents you’ll encounter when buying a home. Also, depending on which state you’re purchasing a home in, there may be more or fewer documents to sign. If you want more details or additional information, then please check out these posts as well!
