Settlement FAQs

is a hud-1 the smae as a settlement statement

by Minerva Satterfield Published 2 years ago Updated 2 years ago
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A HUD-1 form, also called a HUD-1 Settlement Statement, is a standardized mortgage lending document. Creditors or their closing agents use this form to create an itemized list of all charges and credits to the buyer and to the seller in a consumer credit mortgage transaction.

When to use a HUD 1 or HUD 1A settlement statement?

§ 1024.8 Use of HUD-1 or HUD-1A settlement statements. (a) Use by settlement agent. The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller.

Is the Alta the same as a HUD statement?

No, The ALTA is not the same as the HUD (or HUD-1 statement) The HUD-1 settlement statement is no longer used (since October 3, 2015) EXCEPT in the case of a Reverse Mortgage. What is the difference between a HUD and a settlement statement?

Who is the settlement agent for A HUD-1 Settlement?

The settlement agent can take the form of a title agency, mortgage broker, even the bank could act as a settlement agent however it is recommended hiring an experienced real estate law firm experienced in real estate closings to take care of the closing. What information is provided on a HUD-1 Settlement Statement?

Do manufactured home borrowers receive HUD-1 Settlement statements?

Some manufactured home borrowers may receive a Truth-in-Lending disclosure instead of a HUD-1 settlement statement or closing disclosure. In the past, most borrowers received a HUD-1 settlement statement before closing. However, since October 2015, the majority of mortgage borrowers now receive closing disclosures rather than settlement statements.

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What is another name for a HUD-1?

The HUD-1 form, often also referred to as a “Settlement Statement”, a “Closing Statement”, “Settlement Sheet”, combination of the terms or even just “HUD” is a document used when a borrower is lent funds to purchase real estate.

Is the HUD-1 Settlement Statement the same as the closing disclosure?

Another big distinction between the Closing Disclosure and the HUD-1 is where the HUD-1 listed all terms, charges and credits for both the buyer and the seller, the Closing Disclosure has a separate form for the buyer as it does for the seller. This provides for more consumer protection at the closing table.

What replaced the HUD settlement statement?

The Closing Disclosure combines and replaces the HUD-1 Settlement Statement and the final Truth-in-Lending (TIL) statement. The form mirrors the information provided on the Loan Estimate.

Who provides the HUD settlement statement?

A HUD-1 or HUD-1A Settlement Statement is prepared by a creditor or, more typically, by the settlement agent who conducts the closing on the creditor's behalf.

When should I receive the HUD-1 Settlement Statement?

In such case, the completed HUD-1 or HUD-1A shall be mailed or delivered to the borrower, seller, and lender (if the lender is not the settlement agent) as soon as practicable after settlement.

Is a settlement statement the same as a closing statement?

A settlement statement is a document listing the terms and conditions of a settlement agreement and details all related costs or credits due to each party. A mortgage loan settlement statement is commonly known as a closing statement.

What is the HUD now called?

GTranslate. The Federal Housing Administration (FHA) is part of the U.S. Department of Housing and Urban Development. We provide mortgage insurance on loans made by FHA-approved lenders.

How do I get my HUD payoff statement?

Requests for payoff statements, subordinations, releases, and other documentation specific to these programs can be submitted to:Payoff Requests: [email protected] Requests: [email protected] Requests: [email protected] Partial Claim document submittal: [email protected] items...

What is a HUD-1 form used for?

This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked “(p.o.c.)” were paid outside the closing; they are shown here for informational purposes and are not included in the totals.

Who completes the HUD-1 form?

The HUD-1 form, listing all closing costs, is given to all parties involved in reverse mortgage and mortgage refinance transactions.

What is the primary purpose of the settlement statement?

A settlement statement provides a breakdown of all the closing costs and credits involved in a real estate transaction or refinance.

What is a settlement statement for taxes?

The HUD-1 Settlement Statement is a breakdown of the expenses home sellers and homebuyers incur in a real estate sale. The settlement statement gives both parties a full picture of the expenses attached to the transaction.

What is the difference between a closing disclosure and a HUD?

The HUD-1 form, listing all closing costs, is given to all parties involved in reverse mortgage and mortgage refinance transactions. Since late 2015, a different form, the Closing Disclosure, is prepared for the parties involved in all other real estate transactions.

What is the difference between a closing statement and a closing disclosure?

A closing statement or credit agreement is provided with any type of loan, often with the application itself. A seller's Closing Disclosure is prepared by a settlement agent and lists all commissions and costs in addition to the net total to be paid to the seller.

What is a closing statement?

A closing statement is a form used in a real estate transaction that includes an itemized list of all the buying or selling costs associated with that transaction. It's a standard element of home sales, especially those that involve mortgages, and refinancings.

What is a HUD closing disclosure?

The Closing Disclosure (CD - formerly the HUD-1 Uniform Settlement Statement) is a three-page, government-mandated form that details the costs associated with a real estate transaction. The borrower should receive a copy of the CD at least one day prior to the closing.

What is HUD-1 Settlement Statement?

Janet Wickell. Updated January 29, 2020. The HUD-1 Settlement Statement is a standard government real estate form that was once used by settlement agents, also called closing agents, to itemize all charges imposed upon a borrower and seller for a real estate transaction.

What is HUD-1 form?

The statutes of the Real Estate Settlement Procedures Act (RESPA) required that the HUD-1 form be used as the standard real estate settlement form in all transactions in the United States that involved federally related mortgage loans. 2.

When Is a HUD-1 Used in 2020?

The HUD-1 settlement statement is still used in 2020 for reverse mortgages. These types of mortgages are very popular with sellers over the age of 62 who want to pull equity out of their homes. 4 

When Is the HUD-1 Distributed?

Before October 3, 2015, RESPA stated that borrowers should be given a copy of the HUD-1 at least one day prior to settlement. 5 However, entries could easily still be coming in, right up until a few hours before closing.

What is line 902 on a mortgage?

Line 902 shows mortgage insurance premiums that are due at settlement. Escrow reserves for mortgage insurance are recorded later. It should be noted here if your mortgage insurance is a lump sum payment that's good for the life of the loan.

When did the closing disclosure change?

Borrowers began receiving a form called the Closing Disclosure instead of a HUD-1 for most kinds of mortgage loans after October 2015. The change was in response to the TILA RESPA Integrated Disclosures, or simply TRID, which overhauled the way mortgages are processed and disclosed. 3.

What is the 701 and 702 section?

This section deals with the commissions paid to real estate agencies. Lines 701 and 702 show how the commissions are split between two participating agencies. 6 

What is a HUD-1 settlement statement?

A HUD-1 settlement statement, also referred to simply as a settlement statement , details every charge associated with your new loan. It also outlines who is responsible for each of those charges — the buyer or the seller — as well as any credits you may receive for things like taxes, insurance or deposits.

What is the first page of a HUD settlement statement?

The first page of the settlement statement has a transaction overview, including the amount of cash you need to bring to closing. The sections below are highlighted so you can have an idea of what they look like on the HUD-1 settlement statement you’ll receive.

How long do you have to give a closing disclosure?

In contrast, lenders must give you a closing disclosure three days before closing. Everyone taking out a HELOC, reverse mortgage or manufactured home loan should ask their lender for the HUD-1 document at least a day before closing to allow time to review the contents, fix errors and raise questions with the lender.

What is section 300?

No. 5 (Section 300): Cash at settlement from/to borrower. This section explains if you need to bring cash to the settlement. In most cases, the closing costs for a reverse mortgage refinance or HELOC will be subtracted from the loan, so you don’t need to bring funds to the closing.

What is a HELOC loan?

A HELOC is a mortgage-based line of credit that works much like a credit card. It allows you to pull from your home’s existing equity (or the value of the home that you own, compared to what you still owe to your lender) on a revolving basis.

How long does it take to pay down a HELOC?

You can borrow as much as you need up to your maximum loan amount, then pay it down to zero as many times as necessary during a set draw period that usually ends after 10 years.

How long does a HELOC loan last?

This revolving product has a set draw period that usually ends after 10 years. After the draw period is over, you pay the remaining balance in fixed payments until it is paid in full.

Why was the HUD-1 Settlement Statement required in 2010?

The reason behind all of these amendments and changes was to create more transparency and progress in consumer protection, which leads us into the 1986 HUD-1 Form.

What is HUD-1 form?

1986-2015: Prior to October 2015, the Settlement Statement was known as the HUD-1, which is a standard government form issued by the Closing Agent that lists all credits, charges and home loan terms for both the buyer and the seller in all real estate transactions that required a mortgage. The charges for both the borrower and seller were listed on the same form, with borrower charges on one side of the form and seller charges on the other.

What is RESPA disclosure?

RESPA requires different disclosures during different parts of the home closing process and also offers protection to consumers in areas including: Limiting the amount put into escrow for real estate charges. Allowing buyers to use their own title company and title insurance.

What is the real estate settlement procedure act?

1974: The Real Estate Settlement Procedures Act (RESPA) was created to help protect consumers from foul practices, forcing lending institutions to disclose settlement costs upfront. This act is enforced by the Consumer Financial Protection Bureau (CFPB) and includes all types of mortgages. RESPA requires different disclosures during different parts of the home closing process and also offers protection to consumers in areas including: 1 Limiting the amount put into escrow for real estate charges 2 Allowing buyers to use their own title company and title insurance 3 Prohibiting lenders from receiving a fee in exchange for a referral

What is the difference between HUD-1 and HUD-1?

Another big distinction between the Closing Disclosure and the HUD-1 is where the HUD-1 listed all terms, charges and credits for both the buyer and the seller, the Closing Disclosure has a separate form for the buyer as it does for the seller. This provides for more consumer protection at the closing table. Another change that came up ...

How long does a loan estimate need to be in the hands of the buyer before closing?

These two documents must be in the hands of the buyer at least 3 days prior to the closing date in order to find any errors or issues before closing. If certain changes are made to the disclosure, the 3-day waiting period starts over. This is one big change with the new TRID rules.

What to do if you make a mistake in closing disclosure?

Mistakes happen, so don’t be afraid to ask questions or seek clarification before you sign the paperwork at closing. If it is a major mistake, the buyer can obtain an explanation, and even negotiate a deal or walk away from the loan.

What information is provided on a HUD-1 Settlement Statement?

Aside from the basic details of the involved parties, consisting of the buyer and seller , the lender , property details and settlement agent details, unsurprisingly the majority of the settlement statement consists of figures. Lots of figures.

What is HUD 1?

HUD is an acronym for Housing and Urban Development, and represents the arm of the U.S. government department responsible for legislation relating to home ownership and property development within the United States of America. The HUD-1 form, often also referred to as a “ Settlement Statement ”, a “ Closing Statement ”, “ Settlement Sheet ”, ...

What are the bank charges/escrows?

Bank Charges are fees paid to the bank for processing the loan. These fees are typically an origination fee or a processing fee which may be a fixed rate or based upon a % of the loan, (ie 1%) range from Credit reports, or fees that the bank expends while trying to get the loan approved. Examples are Appraisal fees, credit report fees, flood certification fees, etc.Bank Escrows are different from fees. Bank escrows are money that the bank wants on reserves that will be used to pay your upcoming bills for the home. These escrows are usually for property taxes, school taxes, county taxes and home owners insurance. They can range from one month to 4 months depending upon the date of the closing.

When will be my first mortgage payment?

An example is if the closing is September 15, the first mortgage payment will not be until November 1. The November 1st payment will represent the principal and interest for October. The interest from Sept 15-Sept 30 will be prepaid on the closing date.

Where is my closing credit?

Usually this credit will be given on the first page of the respa, buyers side, indicating that the amount being credited is being added to the amount the Buyer has to use, therefore, a check will not be given to the Buyer at the time of the closing.

Why are the values between the GFE and final HUD figures different?

Many times the GFE and the final HUD figures do indeed differ from each other. The GFE figures are presented by a lender within 3 days of applying for ta loan. In many instances, these figures may increase or decrease. Many of these GFE disclosures cannot exceed a 10% tolerance given by the bank. Unless they are figures that can be shopped for, any tolerance of over 10% must be reduced by the Lender to adhere to the 10% tolerance level.

What is HUD-1 form?

The HUD-1 form, often also referred to as a “ Settlement Statement ”, a “ Closing Statement ”, “ Settlement Sheet ”, combination of the terms or even just “ HUD ” is a document used when a borrower is lent funds to purchase real estate. Another acronym used in relation to the HUD form is GFE, which means ‘ Good Faith Estimate ’.

What is HUD-1 Settlement Statement?

The HUD-1 Settlement Statement is a standardized mortgage lending form in use in the United States of America on which creditors or their closing agents itemize all charges imposed on buyers and sellers in consumer credit mortgage transactions.

What is a HUD-1?

The HUD-1 (or a similar variant called the HUD-1A) is used primarily for reverse mortgages and mortgage refinance transactions. The reference to 'HUD' in the form's name refers to the Department of Housing and Urban Development . Federal regulations require that unless its use is specifically exempted, either the HUD-1 or the HUD-1A, ...

What is the HUD-1A used for?

Federal regulations require that unless its use is specifically exempted, either the HUD-1 or the HUD-1A, as appropriate, must be used for all mortgage transactions that are subject to the Real Estate Settlement Procedures Act.

When do you need to inspect a HUD-1?

The settlement agent must permit the borrower to inspect the HUD-1 or HUD-1A settlement statement, completed to set forth those items that are known to the settlement agent at the time of inspection, during the business day immediately preceding settlement. Items related only to the seller's transaction may be omitted from the HUD-1.

Is a HUD-1 exempt from the Truth in Lending Act?

The TRID rule mandates the use of a Closing Disclosure form instead. The use of the HUD-1 or HUD-1A is also exempted for open-end lines of credit (home -equity plans) covered by the Truth in Lending Act and Regulation Z. A HUD-1 or HUD-1A Settlement Statement is prepared by a creditor or, more typically, by the settlement agent who conducts ...

What is HUD-1 statement?

The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller. For transactions in which there is a borrower and no seller, such as refinancing loans or subordinate lien loans, the HUD-1 may be utilized by using the borrower's side of the HUD-1 statement. Alternatively, the form HUD-1A may be used for these transactions. The HUD-1 or HUD-1A may be modified as permitted under this part. Either the HUD-1 or the HUD-1A, as appropriate, shall be used for every RESPA-covered transaction, unless its use is specifically exempted. The use of the HUD-1 or HUD-1A is exempted for open-end lines of credit (home-equity plans) covered by the Truth in Lending Act and Regulation Z.

Who completes HUD-1?

The settlement agent shall complete the HUD-1 or HUD-1A, in accordance with the instructions set forth in appendix A to this part. The loan originator must transmit to the settlement agent all information necessary to complete the HUD-1 or HUD-1A. (1) In general. The settlement agent shall state the actual charges paid by ...

Who must state the actual charges paid by the borrower and seller on the HUD-1?

The settlement agent shall state the actual charges paid by the borrower and seller on the HUD-1, or by the borrower on the HUD-1A. The settlement agent must separately itemize each third party charge paid by the borrower and seller.

Can HUD-1 be modified?

The HUD-1 or HUD-1A may be modified as permitted under this part. Either the HUD-1 or the HUD-1A, as appropriate, shall be used for every RESPA-covered transaction, unless its use is specifically exempted.

TImeline of Terms

Over the years the names of final disclosure provided at the closing table have changed.

What Numbers Appear on the Final Closing Disclosure?

At the closing for your home purchase, you will receive at least one, and maybe more than one closing statement. It is different for each side of the transaction. It is also different based on financing. I’ll go over each.

What does ALTA mean?

ALTA stands for the American Land Title Association. They are an organization that strives to “improve the skills and knowledge of providers in the real property transaction, effectively advocate member concerns, and standardize products for industry use”. Real Estate Agents

ALTA Settlement Statement Example

Here is an example of an ALTA combined statement. Some versions are separate for each of the sellers and the buyers to keep more info private. I like to see the combined statement so I know everything is accounted for and as we negotiated.

Final thoughts

Now you should understand the difference between the Alta Settlement Statement vs HUD Differences, and why the TRID is the required documentation.

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The History of Real Estate Settlement Procedures

HUD-1 Settlement Statement

  • 1986-2015:Prior to October 2015, the Settlement Statement was known as the HUD-1, which is a standard government form issued by the Closing Agent that lists all credits, charges and home loan terms for both the buyer and the seller in all real estate transactions that required a mortgage. The charges for both the borrower and seller were listed on ...
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The Current Closing Disclosure

  • 2015-today: Now let’s get down to the nitty gritty on what is expected in the here and now. The Consumer Financial Protection Bureau (CFPB) took over administration from HUD and replaced the HUD-1 with the Closing Disclosurein October of 2015. It is similar to the HUD-1 in that it details the loan terms and costs, including the interest rates, closing costs, taxes, monthly payments, a…
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A Couple Tips

  • Take the time to read through these documents to look for mistakes, and ask your lender and Real Estate Agent to help you what you don't understand. Don’t assume that the Closing Disclosure is correct. Mistakes happen, so don’t be afraid to ask questions or seek clarification before you sign the paperwork at closing. If it is a major mistake, the buyer can obtain an explanation, and even …
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