Children
Small children should not be brought to settlement. Ordinarily the process
will be completed within an hour. However, if unforeseen problems develop,
a considerably longer time may be required. Please make arrangements to
have children cared for during the settlement process. This will benefit
you as well as others involved in the settlement.
Funds
Required
You should plan to call the Settlement Agent's office the day before settlement,
or even a few hours before settlement, to get the exact amount of funds
you will be required to bring to settlement. If financing is involved,
the Settlement Agent normally will not have the exact amount of funds
required until two to three hours before settlement, because the Settlement
Agent cannot compute the exact amount until receiving the lender's instructions,
which usually arrive shortly before settlement. If necessary, you may
add the estimate of closing costs provided by your agent or the lender's
good faith estimate to the balance of the down payment shown on your contract
to determine the approximate amount of funds required. In any event, the
funds you bring to settlement must be by Certified or Cashier's Check.
Personal checks, credit union checks, money market checks, or stock sale
checks are not acceptable. Please call the Settlement Agent if you are
in doubt. If you desire to wire the funds directly to the Settlement Agent's
bank, please call the Settlement Agent's office to obtain wiring information.
If you plan to "assign funds" from another settlement, you must obtain
the agreement of the seller.
Utilities
You should call all utilities and place them in your name as of the date
of settlement. In most cases the Seller will have asked for a final reading
as of the same date. Failure to do so may result in your being unable
to conduct a complete walkthrough inspection of the property.
Insurance
You must furnish to the lender, at least three days prior to settlement,
a hazard insurance (also called homeowners insurance) policy in an amount
at least equal to the amount of your loan, along with a receipt showing
that the policy has been paid ahead for a full year. Please contact your
lender to determine the exact wording for the "loss payee" clause to be
inserted into the insurance policy. Although this requirement is not applicable
for condominiums, you must provide to your lender a Certificate of Insurance
from the Condominium Association showing that your Unit is covered by
the Association's blanket policy. You may also wish to contact your own
insurance agent for information regarding a "Unit Owners" policy for your
own protection.
Survey
If lender financing is being obtained, a house location survey is always
required and will generally be ordered for you by the Settlement Agent.
Surveys are not required for condominiums.
Walkthrough
Shortly before settlement you should conduct a careful inspection of the
property to ensure that all contract provisions have been met, particularly
the operating condition of appliances, equipment, electrical sytems, and
plumbing. You may ask your real estate agent, if you have one, for assistance.
If all is not satisfactory, you should to demand a credit or escrow at
settlement.
At
the Settlement Table
At settlement, your
attorney will explain to you all of the settlement papers. These documents
include (1) the deed, (2) the note which evidences the loan, (3) the deed
of trust/mortgage which secures payment of the loan, (4) the settlement
statements by which an accounting is made of the transaction, (5) the
truth in lending statement by which the lending institution discloses
all of the finance charges, (6) the survey (not always required) of the
property showing any building restriction lines, easements or other encumbrances
on the property, and (7) any other documents required by the lending institution
or by the particular requirements of that settlement.
At settlement, the documents will be signed by the proper parties, and
several of them will require notarization. The settling of the financial
arrangements among the buyers, sellers, lender, sales agents and others
will be explained by the settlement attorney and the transaction will
be completed.
It is at settlement that the attorney's fees, recording fees, real estate
commissions and all other fees agreed to in either the contract or the
finance documents will be paid. It is required that the purchasers bring
to settlement the balance of the down payment and required closing costs
by certified or cashier's check or wired funds. Purchasers should call
the settlement office a few hours before settlement for the exact amount
of funds required for settlement.
Following
Settlement
Following settlement, the attorney is responsible for recording the legal
documents among the land records of the county or city in which the property
is located and disbursing all of the proceeds of the transaction to the
proper parties. In Virginia, the Wet Settlement Act requires, among other
things, that all the funds collected at the settlement be disbursed to the
proper persons by the settlement attorney within two business days after
all the funds are collected and deposited in the settlement attorney's trust
account.