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Statutory Costs
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.
Third-Party Costs
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:
Attorney fees:
You will probably want to work with an attorney when
buying a home. Attorneys usually charge a percentage of
the selling price (three-fourths or 1 percent), but some
may work for a flat fee or on an hourly basis.
Title search costs:
Usually your attorney 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:
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:
If you are making a small down payment (usually less
than 25%), most lenders will require a credit report on
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, 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.
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 or binder 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:
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 may want 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.
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 attorney who will assist you with
the legal issues in purchasing a home.
How much time you spend looking for a home, a mortgage,
and an attorney depends on your location. You will spend
less time if you know what you want in a house and know
much you can afford, and working with real estate agents
will help narrow the choices. How many mortgage lenders
are in your area? You can reduce time costs in mortgage
shopping by keeping an eye on advertisements and use the
internet to search for the best deals.
What is RESPA ?
The Real Estate Settlement Procedures Act (RESPA)
contains 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.
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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