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 | Sandy Gadow, a featured guest on CNN's "Open House," and a speaker on national radio as the escrow expert, has more than 25 years experience in escrow, title and real estate. A licensed mortgage broker and real estate sales associate, Sandy is a member of the American Land Title Association, the National Association of Realtors, the California Escrow Association and on the advisory council for the Escrow Career Center. She is the author of The Complete Guide to Your Real Estate Closing and specializes in assisting the American as well as international client. If you have questions for Sandy see our Ask Sandy page.
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What Are These Loan Documents Which I Received In The Mail?
You may be concerned that sometime during your property purchase, you may
receive documents in the mail from your lender. These documents may be
separate from your note and mortgage or deed of trust documents. You may
receive these documents before your escrow closes, or in some cases you may
receive them after your property purchase is complete. You may wonder what
these are, as you my have already signed pages of documents at your title
company and at your closing and received copies of those. These documents
which you may receive in the mail are additional disclosures which you lender
would be required to give you. There are generally five documents which you
may receive.
The first document is an "Appraisal Notice", which will explain that you
have the right to receive a copy of the appraisal report in connection with
your mortgage application. If you want to receive a copy of the report, just
write the lender on the address listed in the letter. It is always wise to
keep a copy of the appraisal report. Be sure to let either your lender or
your real estate agent know you want a copy of the appraisal report.
The next disclosure which you may receive is a "Private Mortgage Insurance Disclosure."
If you applied for a loan which required that you obtain mortgage insurance
(MI), you will receive this notice. Mortgage Insurance reimburses your
lender for any loss that the lender might incur in the case that you failed
to make your loan payments on time. Mortgage insurance is typically required
for any non-government loan where the down payment made is less than 20% of
the purchase price.
There are two types of mortgage insurance: traditional mortgage insurance and lender paid mortgage insurance. Under traditional
mortgage insurance, the lender will submit an application for the insurance,
which must be approved by the mortgage insurance company before your loan can
close. The cost for the insurance will be paid by you, the borrower. You
may have the option of cancel the mortgage insurance when certain conditions
have been satisfied, such as your equity reaching 78% of the original value
of the property securing your loan. Often the mortgage insurance will
terminate automatically when you reach the 78% equity point.
Under the lender paid mortgage insurance option, this is available only
for certain types of loan programs and you do not have the right to cancel
the mortgage insurance. Lender paid mortgage insurance typically carries a
higher rate of interest than borrower paid mortgage insurance. Lender paid
mortgage insurance terminates only when the residential mortgage loan is
refinanced, paid off , or otherwise terminated.
The disclosure document you receive in connection with the mortgage insurance will contain a chart of the
benefits and disadvantages of each type of insurance. You may be asked to
choose which type of insurance you wish to obtain. Borrowers do not have the
option to cancel lender paid MI. In the event the lender cancels the paid
MI, any refund will be payable to the lender and your monthly payment will
remain the same.
The next document you might receive will be the "Transfer of Servicing
Disclosure Statement." This notice states that your lender may have the
right to transfer you loan payments to another lender. The transfer
practices and requirements will be explained in this notice, and it will tell
you that you have the right to be given written notice of the transfer. It
will explain the damages and costs in circumstances where services violate
the requirement of that section. You will also be told off the servicing
transfer estimated by the lender.
You may receive a final "Truth in Lending Statement", which will state
the annual percentage rate of your loan, the finance charge, the amount
financed, and the total of payments you will make. It will indicate the
demand feature, if your loan carries a variable rate or if it is an
assumption, the filing and recording fees, the charge for any late payments,
and if a prepayment penalty applies to your loan. You will be asked to sign
this form to confirm your receipt of this notice.
Lastly, you will be sent a final "Good Faith Estimate of Settlement
Costs" disclosure form. This document will list your final closing expenses
and settlement charges which you incurred in conjunction with your loan. It
will include the appraisal fee, the credit report fee, the tax related
service fee, underwriting fee, the yield spread premium to any mortgage
broker involved, the courier fee, flood certification, processing fee, wiring
fee, prorated interest, mortgage insurance premium, hazard insurance premium,
hazard insurance held in escrow, city tax escrow, settlement or closing fee,
document preparation the, title insurance, lenders title insurance fee,
recording fees, any city and county tax stamps or state tax stamps. You
would have received an Estimated Good Faith Estimate of Settlement Costs
before your loan closed, but this final statement is your receipt of money
actually paid and should be kept for income tax purposes. The title company
or closing agent have given you a copy of the final closing or HUD-1
statement, but don't be surprised if you receive an additional statement from
your lender.
As with any documents related to your closing or loan, don't hesitate to
ask if you have any questions. Feel free to contact your lender upon receipt
of these documents if you are unclear as to any of the terms or conditions
stated in the documents. Now is the time to clear up any matters which may
be confusing or look incorrect to you. If your lender will be selling or
transferring your loan, you want to contact your loan officer or mortgage
broker while your loan is fresh in their minds and not in the hands of a
third party.
Copyright © 2000, 2004
Sandy Gadow. This column may not be resold,
reprinted, resyndicated or redistributed without the written
permission from Escrow Publishing Company.
Related Question
I am confused about some of the terms used in conjunction with obtaining a mortgage. What are some of the common loan terms I should know?
To help you understand the terms used with your loan, See our Glossary of Commonly Used Real Estate Loan Terms.
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