Podcast
Questions and Answers
What is the purpose of the final URLA?
What is the purpose of the final URLA?
What does the Security Instrument represent in the mortgage process?
What does the Security Instrument represent in the mortgage process?
What happens if the loan has a due on sale clause?
What happens if the loan has a due on sale clause?
Which of the following documents is often required for FHA, VA, USDA, and GSE loans over 80% LTV?
Which of the following documents is often required for FHA, VA, USDA, and GSE loans over 80% LTV?
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Who must sign the Security Instrument?
Who must sign the Security Instrument?
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What is the consequence of the borrower defaulting on the loan?
What is the consequence of the borrower defaulting on the loan?
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What does an assumption clause in the Security Instrument specify?
What does an assumption clause in the Security Instrument specify?
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In which scenario would spouses have rights to a property even if not on the deed?
In which scenario would spouses have rights to a property even if not on the deed?
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What are 'Prepaid' expenses in a home loan transaction?
What are 'Prepaid' expenses in a home loan transaction?
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How many months of hazard insurance premium are usually collected at closing?
How many months of hazard insurance premium are usually collected at closing?
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What is required for a borrower to rescind a transaction after signing?
What is required for a borrower to rescind a transaction after signing?
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Who can grant Power of Attorney in a home loan transaction?
Who can grant Power of Attorney in a home loan transaction?
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What must the settlement agent do after closing and disbursement?
What must the settlement agent do after closing and disbursement?
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What is the valid definition of a business day in the context of rescission rights?
What is the valid definition of a business day in the context of rescission rights?
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During escrow account setup, which of the following may affect the amount of property taxes collected?
During escrow account setup, which of the following may affect the amount of property taxes collected?
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What is the maximum amount for PMI collected at closing?
What is the maximum amount for PMI collected at closing?
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What happens to closed loan documents after the transaction?
What happens to closed loan documents after the transaction?
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Which of these entities may have policies on the use of Power of Attorney?
Which of these entities may have policies on the use of Power of Attorney?
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Study Notes
Loan Closing Documents & Procedures
- Borrowers sign numerous closing documents, including disclosures, contract details, seller/purchase settlement documents, and title transfer paperwork.
- Key mortgage loan documents include:
- The Final Uniform Residential Loan Application (URLA): An updated version of the initial application, attesting to accuracy by borrower and loan officer (MLO).
- The Note: The legal agreement outlining loan terms and borrower repayment obligations.
- The Security Instrument (Mortgage or Deed of Trust): Pledges the property as collateral, referencing the recorded deed, and enabling lender foreclosure in default. Includes clauses for loan assumption or due-on-sale situations.
- All parties in title must sign the security instrument, regardless of whether they are on the loan. State laws (e.g., dower rights, community property) might give spouses additional rights.
- Title Search: Ensures accurate identification of all parties with interests in the property.
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Escrow Account: Required for FHA, VA, USDA, and certain conventional loans over 80% Loan-to-Value (LTV).
- Includes property taxes and homeowners insurance (typically two months premium).
- PMI/MIP/USDA guarantee fees are also collected at closing depending on plan and loan type. Prepaid amounts are collected for payments that will occur in future months, like insurance or taxes.
- Power of Attorney: Allows a designated individual to sign documents on behalf of a borrower unable to attend closing. Lenders may have specific requirements/guidelines for Power of Attorney.
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Right to Cancel (Rescission) : Applies to loans where a borrower is obtaining new debt on their primary residence.
- Borrowers have 3 business days to cancel the transaction.
- Applies to all parties in title (even those not on the loan) who received proper notice and signed a rescission agreement.
- Required notice/disclosures need delivery for rescission to be valid. Consummation (signing the note), delivery of disclosures (also in the Closing Disclosure, CD), and receipt of the right-to-cancel notice need to be documented.
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Post-Closing Activities:
- Loan proceeds disbursed on the business day following rescission period expiration.
- Lender receives closed documents and completes post-closing actions.
- Notices, accepted commitments, and certifications are sent (hardcopy, online, or both). Insurer premiums are paid.
- Required notices/disclosures are sent to the borrower.
- Loan servicing is initiated.
- “Trailing Documents” (recorded mortgage/deed of trust, final title policy, disbursement accounting) are tracked and provided later.
- Secondary market loan purchase completion and payment disbursal are documented and reconciled.
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Description
This quiz covers the essential loan closing documents and procedures involved in real estate transactions. Learn about key documents such as the Final Uniform Residential Loan Application, the Note, and the Security Instrument, and understand the roles of all parties involved. Test your knowledge on title searches and state laws that influence the closing process.