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Steps
in a Real Estate Transaction - Buyer
There are general six phases that
a buyer should know relative to the purchase of a
home. They are:
1) Get yourself a real estate
agent
2) Get yourself a lender
3) Make an offer on a property
4) Get your offer accepted
5) Open escrow
6) Close escrow
The following is offered as a
general explanation of each phase and a conceptual
guide that will help you understand what is going on
in each part of the complex process of buying a home.
1. Get yourself a
real estate agent.
Tell the agent what you want to
buy. The agent will ask you some questions regarding
your current financial status, i.e. How long have you
been in your current employment or self employment?
What is your current gross monthly income? How much do
you have for a down payment and closing costs? How is
your credit? What kind of property would you like to
purchase? Who all will own the property? You should
answer all of the agent’s questions. These are
"pre-qualifying" questions for the benefit
of you and the agent, so that both of you can decide
if you are ready, willing and able to buy what you say
you want. You may be willing to buy, but if you are
not able to buy, then you are not ready to buy. The
agent will tell you what YOU need to do (not what the
agent needs to do for you) to get yourself ready. For
example, if you have credit problems, YOU have to go
fix them.
2. Get yourself a
lender.
If you and the agent determine
that you are able, it is time to get a lender. The
agent will suggest a few lenders based on the answers
you gave above and the kind of property financing you
need or want. All lenders do not have the same loan
capabilities. You do not have to take the agent’s
suggestions, you can chose your own lender. There are
a few agents who do both real estate and mortgages.
This can be a definite advantage to you because it
will save your agent’s time in the transaction.
There are three phases to the
loan process:
Pre-qualification
Pre-approval
Loan approval
Pre-qualification - The person
you will work with first at the lender will be your
"loan officer." The loan officer will
complete a standard loan application. You will be
asked the same questions the agent asked you above,
plus some others that will provide much more detail
about your financial, credit, and employment or self
employment status. Upon completion of the application
the loan officer may require (not always)
approximately $55.00 to run your standard factual
credit report, which is also called a tri-merge
report. This kind of credit report gets information
from the three major credit bureaus. If your credit is
acceptable, the lender should give you a
"pre-qualification," letter, which will
state the amount of the loan you may qualify for. This
is not the actual amount because at this point you do
not have a property. A copy of this letter should be
given to your real estate agent. At the time of
application, the lender will also ask you to submit
copies of, recent paycheck stubs, two years tax
returns depending on the type of loan, 12 months bank
statements depending on the type of loan, divorce
papers if applicable. There may be other information
but you will really move the process if you prepare
this information in advance. Pre-qualification does
not mean pre-approval or loan approval.
Pre-approval – The pre-approval
is the process of verifying all of the information you
supplied on the application, including verification of
your money for down payment if any, and closing costs.
After the loan officer takes your application, it will
be given to a "loan processor," who will
actually make phone calls, or send request for
information or verification. They may even call you if
further in formation is necessary. THE LOAN PROCESSOR
IS NOT THE DECISION MAKER FOR YOUR LOAN. THEY WILL NOT
DISCUSS INTEREST RATES OR LOAN AMOUNT. They simply need
what they ask you for to help you get your loan. The
Loan Processor puts the actual physical file together
containing all the documentation you supplied, in the
order required, and keeps a check list. When the
checklist is complete and all the required
documentation is in your file, it is then given to a
"loan underwriter" who is the decision
maker. If your file meets necessary requirements for
the kind of loan your need, the Underwriter will
pre-approve your loan based only on your income and
credit. Pre-approval is not loan approval because at
this point you have not identified a property to buy.
As a general rule, your loan officer will inform you
that you are pre-approved but you will not get a
pre-approval letter if you have been given a
pre-qualification letter.
Loan approval – When you have
gotten an offer accepted on a property that you want
to buy, and that property is in escrow, the lender
will send out an appraiser. The appraisal will be a
fee from $350 to $450 or more depending on the kind of
property. You will either pay the fee up front to the
Loan Officer or directly to the Appraiser, or you will
pay it later in your closing fees. Which way you pay
or when you pay depends on the type of loan and
lender. When the appraiser completes the appraisal, it
will be given to the loan processor who will add it to
your file and give it to the Loan Underwriter. The
underwriter will decide how much of a loan to grant,
i.e 80%, 90%, 100%, based on the appraised value. and
on the monthly payment your income can handle. At this
point, you will have loan approval.
3. Make an offer
on a property
Make an offer on a property. The
agent will write the offer, which is a sales contract
called the Deposit Receipt. An offer requires a
"good faith deposit." The deposit can be any
amount, however, it should be an amount that sends a
message to the seller that you are serious about
buying the property. The larger the deposit, the
better. Write a check for the deposit. The check
should be payable to the broker or to an escrow
company that might be used for the transaction. It is
best to make the check payable to an escrow. The
Deposit Receipt states that, " the check will be
held un-cashed until after acceptance of the offer.
Have the agent show you that clause. The agent will
make a copy of the check which will be attached to the
offer. . The seller will not get the actual check. If
the offer is not accepted, the agent will return the
check. The agent must give you a copy of the offer
upon your signing the offer. If copies need to be made
the agent should get that done immediately.
4. Get offer
accepted
Once the offer is accepted, you
and your agent should arrange for a property
inspection immediately. This is your inspection, paid
for by you. The inspection is meant to give you an
idea of the condition of the house. If the inspection
reveals some major problems, you may want to
renegotiate the terms of sale or cancel your offer.
5. Open Escrow
Escrow is what you might call the
real estate transaction processor. Like the loan
processor who puts all the necessary documentation
together to do a loan, the Escrow Officer puts all the
necessary documentation together to transfer property
from seller to buyer. Escrow is opened by the seller’s
or buyer’s agent by giving the escrow officer the
signed accepted offer (deposit receipt) and the
deposit check from the buyer. The escrow officer will
review the deposit receipt and type escrow
instructions. The escrow instructions contain all the
agreements made between the seller and buyer and state
all the actions and documentation required to make
those agreement(s) happen for the successful transfer of
the property. The seller, buyer, and agents all
receive identical copies of the typed escrow
instructions. The seller and buyer should review the
instructions to make sure all the agreements are
properly stated, sign the instructions, and return
them to escrow. The escrow cannot officially proceed
until buyer and seller have returned signed
instructions to escrow.
Once escrow is open, you and/or
your real estate agent should notify your loan
officer. The loan officer will contact the escrow
officer to get the escrow number and then order the
appraisal.
There are a lot of things going
on at this time. Your agent is getting disclosures
from the seller, a termite report may be done, the
seller notarizes the grant deed. Escrow has ordered
the preliminary title report and demands and started
the "HUD 1" which is a checklist/closing document
that keeps track of all the expenses of the
transaction (your agent will explain all this). You
are getting your funds together and getting ready to
move. However, you will note that any major work that
the seller is supposed to do has not started yet. This
is because everyone is waiting on loan approval. Loan
approval cannot happen until the appraisal is in the
hands of the underwriter. Loan approval means that you
have the money, at which point the seller will do the
major work agreed to. The Loan Officer will let you,
your agent and escrow know when you have loan
approval.
When the major work is near
completion, your agent will have escrow call your
lender and "order loan docs." In most cases,
the loan docs will be sent to escrow. The escrow
officer will then call you and schedule an appointment
for you to come and sign the docs. After signing,
escrow will send the docs back to the lender.
6. Closing Escrow
The docs are back to the lender,
all the work has been done according to the deposit
receipt and escrow instructions and escrow is ready to
close. Your agent will call escrow and request that
the officer "figure the file." This signals
the escrow officer to determine the amount of the
final closing costs. On completion the escrow officer
will place a phone call to you. You will be given a
dollar figure which you must bring to escrow in the
form of a cashiers check. That amount will include
three components: 1) the balance of the down payment,
if any, 2) the closing costs, 3) a small cushion,
usually a few hundred dollars. In one to three days
your loan will "fund." The following
morning, the deed will be recorded at 8:00 AM. About
100 PM the title company will give escrow a
confirmation of that the deed has been successfully
recorded. At that point you are then the proud owner
of your home. The whole escrow process should not
exceed 45 days in most case and can be sooner or
later.
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