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BUYER |
Z
O U Z A S
A T T O R N E Y S A T
L A W
A P R O F E S S I O N A L C
O R P O R A T I O N
2
2 7 C H E L M S F O R D S
T R E E T
C H E L M S F O R D , M A
0 1 8 2 4 - 2 3 0 5
T E L : ( 978 )
2 5 6 - 4 7 7 6
F A X : ( 978 )
2 5 0 - 9 1 7 5
E - M A I L : z o u z a s @ a o l . c o m
W W W. R E A L E S T A T E - C L O S I N G
S. C O M
DATE
BUYER
and BUYER
RE:
Street , Town
Dear
Buyer :
This firm has been referred to close the loan for
BANK., on the above-referenced property. In
order to ensure that your closing goes as smoothly as possible, we thought it would be
helpful to explain our procedures and to answer some of the more frequently asked
questions relating to Closings.
FUNDS
REQUIRED AT CLOSING
The balance of the down payment on your purchase, plus all Closing costs, should
be paid with one bank or certified check. Please
note that checks drawn on any money market funds are not acceptable, unless they are
certified. If you call this office the day
before Closing, we will give you the amount that your check should be made out for.
Your check should be made payable to Zouzas Attorneys at Law, P.C. and brought
to the Closing. Any difference between our
estimate and the actual amount required at Closing can be covered by a personal check.
If funds are owed to you, we will write you a check at the Closing.
HOMEOWNER'S
INSURANCE
Please make arrangements to FAX an insurance binder to our office AS
SOON AS POSSIBLE DELAY WILL RESULT IN A POSTPONED CLOSING.
The policy or binder must name Bank, as first mortgagee and then
specifically state the following words: "Its
successors and assigns, as their interests may appear". BANK.,
BANK ADDRESS address should also appear on the policy or binder.
The property must be insured for at least the amount of the loan or the
replacement value of the building. If you
obtain replacement cost coverage, the binder must state that the policy provides 100%
replacement cost coverage. In addition, we
must have a receipted bill from your insurance agent indicating that the first year's
premium has been paid in full. These
requirements must be complied with or a postponement of your closing may result.
If the property is a condominium, you or the Seller must arrange to bring to the
closing a certificate of insurance referring to the master policy owned by the
Condominium Association. This
certificate should name you as the owner of the condominium unit and should also name
the Fleet Mortgage Corp.,
its successors and assigns, as their interests may appear" as loss payee. The Bank will inform us of the amount of coverage required for the
condominium unit before the Closing. No
paid bill is needed for a condominium.
Notice
to Buyer
Page Two|
DATE
TITLE
INSURANCE
As a condition of making your loan, the bank requires that you purchase a title
insurance policy providing coverage for the Bank in an amount equal to the amount of
your loan. You may also purchase a title
insurance policy covering you as a homeowner in an amount equal to the purchase price .
As authorized agents of Chicago and Ticor Title Insurance Companies approved by
the Bank, we customarily prepare such title insurance policies for both you and the
Bank. Unless you notify us to the
contrary, we will assume that you desire to have this office prepare the title
insurance policies. Please note that you
are free to obtain title insurance on your own. However, if you plan to do so, please
notify this office immediately. The
premium is a one time payment which is included in your Closing Costs and protects you
for as long as you own your home.
TIMING
Following your completion of the loan application with the Bank, the Bank
instructed us to order a title examination, Municipal Lien Certificate (MLC) from the
city or town where your property is located, and a plot plan.
We also notified the Seller of his or her responsibilities with respect to the
Closing. The title examination and plot
plan normally require at least three weeks to be completed.
Certain cities and towns are very slow in processing requests for Municipal Lien
Certificates. These certificates can sometimes take up to four weeks to obtain.
This office will not be able to close your loan until we have received all these
items. You should review your Purchase and
Sales Agreement to be sure that the deadline for Closing is consistent with these time
constraints. If not, you should notify us,
your broker or your own attorney at once and make arrangements for an extension, if
necessary.
In addition to the foregoing, please be sure to carefully read your mortgage
commitment as to all of the Bank's requirements, especially those conditions which must
be met before you are allowed to close. If
you have any questions regarding these conditions, please contact the Bank directly, as
we have no authority to waive them or to close the loan until they are all met.
REAL ESTATE
TAXES
Taxes are prorated on a per diem basis from the day you as a homeowner take
possession, we will make a tax adjustment depending on whether or not the seller has
prepaid the property taxes in advance. If
the property you are purchasing is a condominium unit, it may be possible for you to
avoid having to escrow real estate taxes. If
the condominium association either (1) currently pays the real estate taxes for the
unit out of association fees, or (2) intends to do so (in the case of new condominium
projects), then you may be exempted from having to escrow real estate taxes.
In order to obtain the exemption, however, it will be necessary for the Seller
to present a letter at Closing signed by the current trustees of the condominium
association stating that the association either currently pays the real estate taxes
for the unit out of association fees, or, in the case of new condominium projects, it
intends to do so.
Notice
to Buyer
Page Three
DATE
CLOSING
Once the Bank has authorized us to do so, we will try to accommodate your
preferences as to the time of Closing; however, please be aware that most people wish
to close at the end of the month or on the first of the month to avoid prepaid interest
charges. For this and other reasons, we
cannot guarantee the time you most prefer. Further,
please be advised that title reports sometimes do not arrive in our office until
shortly before the Closing date. The closing date will often be set before the report arrives, subject
to the report coming in on time and title being acceptable for the Bank to fund the
loan.
In
the event that our title report discloses a problem with the title, we will attempt to
notify someone connected with the transaction as soon as possible.
This arrangement does not always give as much notice as we would like, but we
will try to minimize any delays that it may cause.
CLOSING
LOCATION
The Closing will take place in our office, located at 227 Chelmsford Street,
Chelmsford, Massachusetts, on the first floor in the back of the building.
REQUIREMENTS
FROM THE SELLER
You or your attorney should advise your Real Estate broker, the Seller's
attorney, or the Seller directly that the Seller or Seller's attorney is required to
bring the following to the Closing:
(1) A newly prepared deed
conveying title to the Buyer. A proposed
deed should be delivered to this office ten (10) days in advance of Closing.
If the Seller requests this office to prepare the deed, we will do so for a fee
of $100.00 to be paid by the Seller at Closing.
We should be notified as soon as possible if this office will be preparing the
deed. If the property is registered land,
the Seller must bring the "Owner's Duplicate Certificate of Title", as well
as the deed to the Closing.
(2)
We will adjust final water, sewer and electric readings at the Closing if bills
are presented at that time. Otherwise, the
parties will have to adjust between themselves after Closing.
Please be aware that water and sewer charges (and in certain cities and towns,
electric charges) are liens on the property. The Seller has been requested to obtain a water and sewer certificate
and bring the same to the Closing.
(3)
A smoke Detector Certificate issued by the appropriate fire department must be
brought to the Closing. This should be
ordered well in advance as no Closing will take place without a certificate issued by
the fire department within sixty (60) days of the Closing.
Certificates issued from prior sales are unacceptable.
Notice to Buyer
Page Four
DATE
(4) With respect to
condominiums, a certificate as to common area charges payments [6-D Certificate], signed
by the current trustees of the condominium and acknowledges by a notary public, must
be brought to the Closing by the Seller.
(5) For new construction or
substantial rehabilitation, a Certificate of Occupancy is required.
(6) If any real estate tax
bills or water and sewer bills have been paid within the prior month, a copy of the
receipted bill or a canceled check should be brought to the Closing.
(7) If there are any mortgages
on the property other than from a bank, or if there are any other liens on the property,
copies of proposed discharges must be provided to this office one (1)
week in advance of Closing with arrangements made for payment at Closing.
(8) We will need the Social
Security Numbers/Tax Identification Numbers of the Sellers, along with their new
mailing address.
SIGNATURES
If your name is not spelled correctly on this letter, please let us know
promptly. This will insure that the Closing
Documents, which are prepared in advance of the Closing, are accurate.
As we are sure you are aware, this is a "form" letter and some portions
may not apply to your case.
If you have any questions, please call and ask to speak with .
We look forward to working with you and seeing you at the Closing.
Very truly yours,
ATTORNEYS AT LAW.