Chapter 16 Thomas E. Gillett Charles J. Jacobus © 2008 by South-Western, Cengage Learning Georgia Real Estate An Introduction to the Profession Seventh Edition Chapter 16 Closing the Transaction © 2008 by South-Western, Cengage Learning Buyer’s Walk-Through Final Inspection prior to closing Vacant? Damage? Personal Property Real Property? Mechanical systems? Plumbing? Structure? © 2008 by South-Western, Cengage Learning Closing Closing, Settlement, or Escrow Completion of the real estate transaction Closing Date Escrow Agent © 2008 by South-Western, Cengage Learning Closing or Settlement Meeting Seller delivers the deed Buyer makes payment Real Estate Agents attend Attorney represents Lender Power of Attorney © 2008 by South-Western, Cengage Learning Seller’s Responsibilities Seller & attorney prepare the deed Property tax bill Documents as required by the contract Loan pay-off Keys & garage door opener Condominium, cooperative or PUD © 2008 by South-Western, Cengage Learning Buyer’s Responsibilities Settlement funds Loan commitment Real Estate Agent Represents the Broker Commission Check New loan Buyer signs note & mortgage © 2008 by South-Western, Cengage Learning Real Estate Agent’s Duties Listing Agent: Seller is prepared Selling Agent: Buyer is prepared Keep all parties fully informed © 2008 by South-Western, Cengage Learning The Closing The Transaction Settlement Statement Accounting of all monies paid by Buyer and Seller Dry Closing Close in escrow © 2008 by South-Western, Cengage Learning Delays and Failure to Close Closing Date 30 – 60 Days from contract Delays Clear Title Loan Commitment Damage to property Termination & Release © 2008 by South-Western, Cengage Learning Taxpayer Relief Act of 1997 IRS Form 1099-S Certification signed by Seller 2 of past 5 years No other principal residence in that time period Not used for business or rental purposes Price, Capital Gain, Marital Status © 2008 by South-Western, Cengage Learning Prorating at the Closing Day of closing belong to the Seller Buyer: interest on new loan Annual bills: 365 day year Interest: 360 Day year Loan amount rounds down to nearest $100 Loan payments due 1st of the month Calculate to 4 digits past decimal © 2008 by South-Western, Cengage Learning Prorating at the Closing Beginning Buyer Seller Closing © 2008 by South-Western, Cengage Learning End Property Taxes Annual tax divided by 365 X # of days Jan 1 Seller 74 days Dec 31 March 15 $2,070 divided by 365 = 5.6712 X 74 days = $419.67 © 2008 by South-Western, Cengage Learning Property Taxes Annual tax divided by 365 X # of days Jan 1 Buyer 112 Days Dec 31 September 10 $1,756 divided by 365 = 4.8110 X 112 days = $538.83 © 2008 by South-Western, Cengage Learning Property Taxes Annual Tax Closing Date Who is Credited? Days $2,598 Mar 3 No Buyer 62 $441.30 $865 Oct 13 Yes Seller 79 $187.22 $1,398 June 9 No Buyer 160 $612.82 $4,876 April 7 No Buyer 97 $12,95.81 $2,723 Aug 20 Yes Seller 133 $992.22 $1,250 Nov 3 Yes Seller 59 $202.50 Taxes Paid? © 2008 by South-Western, Cengage Learning Amount Hazard Insurance Annual premium divided by 365 X # of days June 15 138 Days June 14 January 27 $425 divided by 365 = 1.1644 X 138 days = $160.68 © 2008 by South-Western, Cengage Learning Hazard Insurance Annual premium divided by 365 X # of days April 23 132 Days April 22 December 11 $672 divided by 365 = 1.8411 X 132 days = $243.02 © 2008 by South-Western, Cengage Learning Hazard Insurance Begin Date Closing Date Annual Bill Days Amount Oct 4 Jan 17 $317 259 $224.94 Mar 22 Aug 4 $815 229 $511.33 Jan10 April 16 $713 268 $523.52 July 24 Feb 7 $476 166 $216.48 Aug 7 July 28 $957 9 $23.60 May 16 Sep 16 $593 241 $391.54 © 2008 by South-Western, Cengage Learning Accrued Interest Loan Amt X annual interest rate divided by 360 X # of days March 1 April 1 23 days March 23 $79,265 X 7% = $5,548.5500 divided by 360 = $15.4126 X 23 = $354.49 © 2008 by South-Western, Cengage Learning Accrued Interest Loan Amt X annual interest rate divided by 360 X # of days July 20 August 20 20 Days August 8 $248,937 X 6.5% = $16,180.9050 divided by 360 = $44.9470 X 20 = $898.94 © 2008 by South-Western, Cengage Learning Accrued Interest Loan Amount Rate Due Date Closing Date Days $274,934 8% July 1 July 22 20 $13,44.12 $264,735 5.25% April10 April 27 18 $694.93 $73,586 5.75% Oct 3 Nov 1 30 $352.60 $86,524 6.625% Feb 1 Feb 17 17 $270.69 $95,476 11.125% Oct 1 Oct 8 8 $236.04 $194,573 9.25% May 20 June 7 19 $949.89 © 2008 by South-Western, Cengage Learning Accrued Interest New Loans and Down Payment L/V: Loan to Value Ratio Higher L/V = higher risk Lower L/V = lower risk Loan Amount = L/V ratio Sales Price 80%, 90%, 95% L/V © 2008 by South-Western, Cengage Learning New Loans and Down Payment Computing Down Payment ALWAYS compute loan amount first Round down to the nearest $100 Subtract from sales price © 2008 by South-Western, Cengage Learning New Loans and Down Payment Computing Down Payment $157,000 Sales Price X 90% L/V $141, 300 Loan Amount $157,000 Sales Price - 141,300 Loan Amount $15,700 Down Payment © 2008 by South-Western, Cengage Learning New Loans and Down Payment $172,400 Sales Price X 95% L/V $163,780 Loan Amount Round down to $163,700 $172,400 Sales Price - 163,700 Loan Amount $ 8,700 Down Payment © 2008 by South-Western, Cengage Learning Down Payments Sales Price L/V Ratio Loan Amount Down Payment $267,000 90% $240,300 $26,700 $173,200 95% $164,500 $8,700 $135,600 95% $123,000 $12,600 $385,000 90% $327,000 $57,400 $87,500 95% $83,100 $4,400 $172,450 95% $157,000 $14,550 © 2008 by South-Western, Cengage Learning Interest Adjustment If the closing date is the 1st of the month… Buyer’s 1st payment is due on the 1st day of the following month 1st Payment pays interest for the preceding month © 2008 by South-Western, Cengage Learning Interest Adjustment If the closing is on any other day…. Buyer’s payment will skip 1 month 1st payment will be due the month after At closing, buyer will owe interest for the remaining days in the month of closing © 2008 by South-Western, Cengage Learning Interest Adjustment Sales Price X L/V ratio = Loan Amount Loan Amount X Interest Rate = Annual Interest Annual Interest divided by 360 = Daily Interest Daily Interest X # of days owed = Int. Adjustment © 2008 by South-Western, Cengage Learning Interest Adjustment $225,000 Sales Price X 90% L/V $202,500 Loan Amount X 6% Interest Rate $12,150 Annual Interest 360 $33.7500 X 25 days = $843.75 Interest Adjustment © 2008 by South-Western, Cengage Learning Interest Adjustment $176,900 Sales Price X 90% L/V $159,210 round down to $159,200 Loan Amount X 6.625% Interest Rate $10,547.0000 Annual Int. 360 $29.2972 X 25 days = $849.62 Interest Adjustment © 2008 by South-Western, Cengage Learning Interest Adjustments Sales Price L/V Ratio Rate Closing Date 1st Pymt $295,000 80% 6.5% Mar 13 May 1 $236,000 19 $809.61 $172,500 95% 6.75% Oct 27 Dec 1 $163,800 5 $153.56 $223,500 90% 6.75% May 6 July 1 $201,100 26 $980.36 $88,700 95% 7% June 1 July 1 $84,200 0 0 $675,800 75% 7.25 Nov 17 Jan 1 $506,800 14 $1,428.88 $108,000 90% 5.75% Jan11 Mar 1 $97,200 21 $326.03 Loan Amt Days © 2008 by South-Western, Cengage Learning Amt Rent Prorations Rent is paid in advance Seller is entitled to rent on the day of closing Monthly Rent divided by # of days in the mo. X the # of days from the day after closing until the end of the month © 2008 by South-Western, Cengage Learning Rent Pro-ration $850 Monthly Rent 31 Days in March = $27.4194 Rent per day $27.4194 Rent per day X 11 Days owed $301.61 Rent to Buyer © 2008 by South-Western, Cengage Learning Rent Pro-ration $1,250 Monthly Rent 30 Days in Sept. = $41.6667 Rent per day $41.6667 Rent per day X 26 Days owed $1,053.33 Rent to Buyer © 2008 by South-Western, Cengage Learning Interest Adjustments Closing Date Oct 10 Monthly Rent $1,480 Days Amount 21 $1,002.58 May 3 $825 28 $745.16 June 28 $1,450 2 $96.67 Feb 17 $725 11 $284.82 July 20 $1,800 11 $638.71 Sep 9 $900 21 $630.00 © 2008 by South-Western, Cengage Learning Mortgage Insurance Conventional Loans with greater than 80% L/V ratio Upfront Charge (.5% - 1%) Annual Premium ( .3% - 1%) © 2008 by South-Western, Cengage Learning Mortgage Insurance Upfront Charge 1.5% Annual Premium .5% © 2008 by South-Western, Cengage Learning Mortgage Insurance Loan Amount X the Percentage = Mortgage Insurance © 2008 by South-Western, Cengage Learning Upfront PMI $175,000 Sales Price X 90% L/V $157,500 Loan Amount $157,500 Loan Amount X .8% Upfront Premium $1,260 Upfront PMI © 2008 by South-Western, Cengage Learning Annual PMI $157,500 Loan Amount X .65% Annual Premium $1,023.75 Annual Premium © 2008 by South-Western, Cengage Learning MIP $116,400 Loan Amount X 1.5% Upfront Premium $1,746 Upfront MIP $116,400 Loan Amount X .5% Annual Premium $582 Annual Premium © 2008 by South-Western, Cengage Learning Mortgage Insurance Sales Price Type Loan Amount Upfront % Annual % $225,000 90% $202,000 .75% .5% $1,518.75 $1,012.50 $420,000 95% $399,000 .9% .75% $3,591.00 $2,992.50 $142,000 FHA $135,400 1.5% .5% $2,031.00 $284,500 95% $270,200 085% 065% $94,300 FHA $90,000 1.5% .5% $1,350.00 $450.00 $88,250 90% $79,400 .6% .45% $476.40 $357.30 © 2008 by South-Western, Cengage Learning Upfront Amount Annual Amount $677.00 $2,296.70 $1,756.30 Tax Escrow 1/12 of annual property taxes, homeowners insurances, and mortgage insurance © 2008 by South-Western, Cengage Learning Tax Escrow Annual tax bill divided by 12 X the number of months $2,275 divided by 12 = $189.5833 X 7 months = $1,327.08 © 2008 by South-Western, Cengage Learning Tax Escrow Annual Taxes Number of Months Tax Escrow $2,750 3 $687.50 $1,635 9 $1,226.25 $1,397 13 $1,513.42 $4,286 5 $1,785.83 $3,264 8 $2,176.00 $982 10 $818.33 © 2008 by South-Western, Cengage Learning Insurance Escrow Annual Insurance bill divided by 12 X 3 $450 divided by 12 = $37.5000 X 3 months = $112.50 © 2008 by South-Western, Cengage Learning Tax Escrow Annual Insurance Bill Insurance Escrow $865 $216.25 $504 $126.00 $1,649 $412.25 $973 $243.25 $2974 $743.50 $776 $194.00 © 2008 by South-Western, Cengage Learning Transfer Tax Sales price minus any assumable loan = Adjusted Sales Price 10 cents per $100 or any portion thereof 2008 GAR Contracts – paid by buyer © 2008 by South-Western, Cengage Learning Transfer Tax Sales Price - Assumed Loan = Adjusted Sales Price divide by 100 Round up to the next whole number X .10 = Tax owed © 2008 by South-Western, Cengage Learning Transfer Tax $126,700 - 0 = $126,700 divided by 100 = $1,267 X $.10 = $126.70 © 2008 by South-Western, Cengage Learning Transfer Tax $98,700 - $73,214 = $25,286 divided by 100 = 252.86 round up to 253 253 X .10 = $25.30 © 2008 by South-Western, Cengage Learning Transfer Tax Sales Price Assumed? Transfer Tax $265,800 Existing Loan $174,473 No $265.80 $163,700 $149,576 Yes $14.20 $125,000 $95,674 Yes $29.40 $374,700 $202,395 No $374.70 $254,600 $201,578 Yes $53.10 $96,500 $79,746 No $96.50 © 2008 by South-Western, Cengage Learning Intangibles Tax $1.50 per $500 or any part thereof on a new loan New loan divided by 500 Rounded up to the next whole number X $1.50 © 2008 by South-Western, Cengage Learning Intangibles Tax $225,000 Sales price X 90% L/V = $202,500 divided by 500 = 405 X $1.50 = $607.50 Intangibles Tax © 2008 by South-Western, Cengage Learning Intangibles Tax $167,400 Sales price X 90% L/V = $150,660 rounded down to $150,600 $150,600 divided by 500 = 301.2 rounded up to 302 X $1.50 = $453.00 Intangibles Tax © 2008 by South-Western, Cengage Learning Transfer Tax Sales Price $88,500 New Loan Type 90% Loan Assumed $79,600 Intangibles Tax $240.00 $165,000 80% $132,000 $396.00 $126,200 95% $119,800 $360.00 $458,500 80% $366,800 $1,101.00 $217,200 100% $217,200 $652.50 $95,500 90% $85,900 $258.00 © 2008 by South-Western, Cengage Learning Closing the Transaction Buyer & Seller Worksheets Settlement Statement HUD-1 Required by RESPA © 2008 by South-Western, Cengage Learning RESPA Regulates and standardizes settlement practice Restrictions Prohibits kickbacks Impounds restricted to an additional 1/6 © 2008 by South-Western, Cengage Learning RESPA Benefits HUD Information Book Good Faith Estimate HUD Settlement Statement Inspect HUD-1 day prior to closing © 2008 by South-Western, Cengage Learning Key Terms Closing Settlement statement Closing agent Walk-through Prorating RESPA © 2008 by South-Western, Cengage Learning