Real Estate Tip: Know Your Documents

Jeff D Gorman
When you sit down at the table to sign your mortgage papers, that big stack can be intimidating. I'm a notary signing agent, and I see the hesitancy in people's eyes. "I'm signing my life away," they often say with a sigh.

Don't be distressed. If you know what you're signing, you can get through the pile faster and feel better about what you are doing. Here is a guide to some of the more common documents you will find when you purchase or refinance a home.

MORTGAGE

This is the main document, and it is usually 8 to 15 pages long. You don't need to read every word, but you should know what it means. You will probably initial most of the documents before signing at the end. This document is one of several that will be notarized.

The mortgage states that you are taking control of the property, and if you default on the loan, the property will go back to the bank. You also agree to occupy the home and to carry insurance.

NOTE

Here is where to find your interest rate. This document is usually three pages long, and it lays out the terms of your loan. When you sign the note, you promise to pay the loan back.

HUD-1 SETTLEMENT STATEMENT

This is a big grid with lots of numbers on it. This document is important, because it contains all of your closing costs. It also details which debts will be paid off by the loan. If you need to pay money at the signing, you can find the amount on line 1601.

RIGHT TO CANCEL

In some states, you have the right to cancel the loan within three days. This is another reason why you can go ahead and sign the documents without worrying about every little word. You could have four days to cancel if there is a Sunday during that time (the recission period).

TRUTH-IN-LENDING DISCLOSURE

This is a breakdown of all of the payments you will be making. It usually contains a page explaining some of the terminology.

PRIVACY POLICY

This document details how the loan company will (or won't) share your personal information.

UNIFORM RESIDENTIAL LOAN APPLICATION

This contains all of the information from your loan application. It details your employment, income and debts.

NAME/SIGNATURE AFFIDAVIT

This is a document that verifies your name and signature. If you have any other aliases, you would list them here.

TITLE AFFIDAVIT

This document verifies that you are the true and rightful owner of the home. It also lists any liens or improvements on the property.

LIMITED POWER OF ATTORNEY

This document simply states that the bank can correct any typographical errors without having to re-draw new documents. Don't worry - they aren't allowed to use this document to change anything important.

These are the main documents. There are several more, but knowing the basics should give you some peace of mind.

Published by Jeff D Gorman

Jeff Gorman is a journalist for a local newspaper, editor for BleacherReport.com and a legal writer for CNP. When he isn't writing he's pursuing his sports broadcasting career. When you need a profession...  View profile

  • The mortgage and note contain the terms of your transaction.
  • Affidavits verify your name and signature.
  • You often have the right to cancel the loan within three days,
In Mexico, notaries have a lot more power than in the United States.

7 Comments

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  • Brandi thornsberry6/10/2007

    Great article. I have included this in my top 10 article. Check it out. http://www.associatedcontent.com/article/266590/top_10_real_estate_tip_articles_on.html

  • Jeff Gorman4/8/2007

    Thanks for your kind comments everyone!

  • Angela Gordon4/8/2007

    My husband and I are in the process of buying our first home so this information should really come in handy. Thanks.

  • Donna4/8/2007

    Easy to understand and informative article! All of those papers definitely can be intimidating!

  • Melissa W4/8/2007

    Great information. The first time we closed on our home, I admit that we were pretty clueless and they rushed us through the process so it was hard to even read through the documents. The second time around, our closing agent was very thorough and helpful and walked us through every single document. It really does help to be informed!

  • Brandi thornsberry4/4/2007

    GReat article. Lots of useful information.

  • Cee Belair4/2/2007

    This is an incredibly good article! I hear stories about people at the closing that read all the paperwork, it takes 5-8 hours to go thru it all.

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