Settlement FAQs

should i keep settlement paperson home sold

by Dr. Grayce Russel PhD Published 2 years ago Updated 1 year ago
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Keep copies of all paperwork related to the closing and settlement after you sell your house Although it might be tempting to shred the paperwork or put it in storage, you’ll want to have it handy for April 15. When you file your taxes, you’ll need documentation for the expenses and proceeds of the sale.

Financial experts recommend keeping these records for seven years after your home sale, based on the IRS's time frame for audits. The IRS has three years to audit your return if it suspects any good-faith errors on your part, and six years if it thinks you underreported your income by at least 25%.Apr 30, 2019

Full Answer

How long should I Keep my Home Loan papers?

Actual contract papers detailing your home purchase and original loan should be kept for the life of the loan. Other loan paperwork, such as refinancing agreements, should be kept for at least three years; some recommend keeping these as long as ten years.

What happens when you sign settlement papers on a house?

For example, if you’ve been paying your property taxes through an escrow account, you may be credited extra for prepaid taxes or you may receive less money at settlement if the property taxes haven’t been paid properly. Once the settlement papers are signed and the house keys are transferred, you’re free to move onto your next home.

Who keeps the closing documents when selling a house?

But closing documents are typically kept by the closing agent or escrow officer. 1  This paperwork is separate from the paperwork associated with contract negotiations, and it will include financial and legal documents. 2 

How long does it take to settle after closing on a house?

But first, you have to make it to closing or settlement. That’s the day when the final papers are signed and you (and your mortgage holder if you have one) finally get paid. This typically takes four to six weeks after finalizing the purchase and sales agreement.

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Is there any reason to keep old mortgage papers?

By keeping them, you can keep track of what you paid to close each loan. In addition, you might need them for federal income tax purposes to the extent that you deducted expenses from the closing on your federal income tax returns. Depending on where you live, you should also keep the appraisals of your home.

How long should I keep mortgage paperwork?

Like your mortgage payment statements, you should keep any paperwork on your refinance for at least 3 years. Although, some professionals might recommend keeping it for at least 10 years.

What documents do I need to keep after paying off mortgage?

You should definitely keep the letter telling you that your loan was paid off in full. We'd also want you to keep at least the most current loan statement, the “payment in full” letter and a copy of the satisfaction of mortgage after it has been recorded.

What personal records should be kept permanently?

What Financial Documents Should You Keep Forever?Birth certificates.Social Security cards.Marriage certificates.Adoption papers.Death certificates.Passports.Wills and living wills.Powers of attorney.More items...•

What documents do I need to keep after selling my house?

Storage Or DigitiseTax records (keep for 7 years)Pay slips & bank statements (keep for 1 year)Property purchase, sale or improvement documentation (should be kept for at least 6 years after sale or purchase)Medical records.Warranty documents (keep as long as you own the item)Insurance policy statements.More items...

Should you keep your closing documents forever?

Financial experts recommend keeping these records for seven years after your home sale, based on the IRS's time frame for audits. The IRS has three years to audit your return if it suspects any good-faith errors on your part, and six years if it thinks you underreported your income by at least 25%.

What not to do after closing on a house?

What Not To Do While Closing On a HouseAvoid Big Charges on a Credit Card. Do not rack up credit card debt. ... Be Careful with Trends. ... Do Not Neglect Your Neighbors. ... Don't Miss Tax Breaks. ... Keep Your Real Estate Agent Close. ... Save That Mail. ... Celebrate!

What to do after house is paid off?

Other Steps to Take After Paying Off Your MortgageCancel automatic payments. ... Get your escrow refund. ... Contact your tax collector. ... Contact your insurance company. ... Set aside your own money for taxes and insurance. ... Keep all important homeownership documents. ... Hang on to your title insurance.

What happens to house deeds when mortgage paid off?

Article Summary. When the mortgage is repaid you are entitled to have your Ownership Documents, or property Deeds returned to you. Your Mortgagee is not entitled to hold them any longer, and will almost always return them to you after receiving your final payment.

Should you keep old homeowners insurance policies?

In general, if you don't have any open claims, you don't need to keep old, expired insurance policies. However, if you have any open claims or have been involved in an incident that may result in a claim, keep all paperwork related to the incident and your policy until the claim is resolved.

Is it OK to throw away old bank statements?

Is it safe to throw away old bank statements, or do you need to shred them first? According to the Federal Trade Commission, you should shred documents containing sensitive information, including bank statements, to protect yourself from identity theft.

What documents should you keep for seven years?

KEEP 3 TO 7 YEARS Knowing that, a good rule of thumb is to save any document that verifies information on your tax return—including Forms W-2 and 1099, bank and brokerage statements, tuition payments and charitable donation receipts—for three to seven years.

How long should you keep monthly statements and bills?

Most bank statements should be kept accessible in hard copy or electronic form for one year, after which they can be shredded. Anything tax-related such as proof of charitable donations should be kept for at least three years.

How long should I keep bank statements?

three to seven yearsKEEP 3 TO 7 YEARS Knowing that, a good rule of thumb is to save any document that verifies information on your tax return—including Forms W-2 and 1099, bank and brokerage statements, tuition payments and charitable donation receipts—for three to seven years.

How long should you keep homeowners insurance policies?

The best practice is to keep the policies forever. If you are confident that you will not have any claims brought against you for latent matters, a good rule of thumb is to keep the policies for six years. Nearly all potential claims will have expired within this timeframe.

How long should you keep credit card statements?

According to the IRS, it generally audits returns filed within the past three years. But it usually doesn't go back more than the past six years. Either way, it can be a good idea to keep any credit card statements with proof of deductions for six years after you file your tax return.

What is a settlement statement?

Settlement (closing) statement. As a seller, your most vital document is the closing statement, also called a settlement statement. (Some agents also refer to this as an “ALTA,” because the American Land Title Association developed the form that’s widely used.)

How long do you keep tax returns after selling a home?

Financial experts recommend keeping these records for seven years after your home sale, based on the IRS’s time frame for audits. The IRS has three years to audit your return if it suspects any good-faith errors on your part, and six years if it thinks you underreported your income by at least 25%.

What is a release on a mortgage?

A “release” or “certificate of satisfaction ,” indicating that the paid mortgage was recorded properly, will suffice. (Keeping a payoff statement or lien release also guards against any errors on your credit report or on the lender’s end.)

What is a release of satisfaction?

A “release” or “certificate of satisfaction,” indicating that the paid mortgage was recorded properly, will suffice. (Keeping a payoff statement or lien release also guards against any errors on your credit report or on the lender’s end.) Source: (Pxhere)

Where to store register receipts?

If you also keep a binder of paperwork, label it clearly, and store it in a safe place, such as a fire-safe box or a bank box. Photocopy any register receipts so they’ll last longer. Most register receipts are printed on thermal paper, which is susceptible to UV light and heat, so it fades over time. A photocopy won’t. (You can toss the originals.)

Do you need to keep deeds of trust?

However, you’ll definitely want to keep proof of any loans, mortgages (also called deeds of trust), and deeds in your name that have been paid off and recorded among the land records in the state or county where the property was sold.

Do you have to hold on to a mortgage payoff?

Aside from what you’ll need for your taxes (we’ll get to those shortly), you don’t have to hold on to every record associated with a property indefinitely once you no longer own it.

Who provides settlement services?

The decision about who provides settlement (also known as closing or escrow) services varies from one market to another. In many places, the buyer chooses the settlement company, but in others the seller chooses. When closing on a house, the buyer will provide funds to buy your home and the settlement agent will review the sales agreement to determine what payments you’ll receive. The title to the property is transferred to the buyers and arrangements are made to record that title transfer with the appropriate local records office.

What do you need to do before closing on a house?

Before closing on a house, you need to get to the settlement table. You’re near the end of the process of selling your home, but don’t breathe a sigh of relief just yet. While it’s certainly true that you can lighten up on the perfectionism required to show your home at any moment, as a seller you still need to cooperate with your buyer, ...

What happens if the appraisal comes in higher than the sales price?

If the appraisal comes in higher than the sales price, then the buyers can relax and be happy that they have purchased a home for less than its market value. Once the contract has been signed, you as the seller cannot renegotiate the price higher. However, if the appraisal comes in lower than the sales price, then the buyer’s lender will limit the loan amount to that lower value. The buyer may have to come up with additional cash to cover the financing gap or may ask you to renegotiate the contract. Your REALTOR® can advise you about the best way to handle this situation, but in any case you and the buyer are also bound by the contract terms.

What are adjustments at closing?

At a typical closing, adjustments are made to the final amounts owed by the buyer and you as the seller. For example, if you’ve been paying your property taxes through an escrow account, you may be credited extra for prepaid taxes or you may receive less money at settlement if the property taxes haven’t been paid properly.

How long can you rent back a house?

Generally, you’re restricted to a maximum rent-back of 60 days because lenders would require ...

Can you negotiate a settlement date with a buyer?

Buyers and sellers typically negotiate a settlement date that is mutually agreeable. If you have sold your home and are not yet ready to move into your next residence, you can sometimes negotiate a “rent-back” with the buyer that allows you to stay in the home after the settlement by paying rent to the buyer.

Can you move onto your next home after a settlement?

Once the settlement papers are signed and the house keys are transferred, you’re free to move onto your next home.

What do you bring to closing?

What you’ll bring to closing. • The deed, if your home is paid off. A valid, state-issued photo ID like a driver’s license or passport. A certified check if required in the amount requested by the escrow officer. • The keys and security codes, if possession of the house is granted at closing.

How long does it take to get paid for a home purchase?

That’s the day when the final papers are signed and you (and your mortgage holder if you have one) finally get paid. This typically takes four to six weeks after finalizing the purchase and sales agreement . During this time, any earnest money the buyer paid will be held in escrow. Escrow means it’s being held by a third party until everything is settled and the sale is ready to be completed.

What is the closing agent's accounting?

The closing agent prepares this accounting of all the money involved in the transaction. This statement is required by federal law. There is a buyer’s column and a seller’s column on this form. (You should have received a copy for review prior to the closing meeting.) Double-check all figures and look for clerical errors before signing the HUD-1 form. Check everything from the sales price to the payoff balances on your loan and the pro-rated tax and utility bills you’re being charged. You’ll need this form for your federal income taxes.

What to ask the closing officer before closing?

Ask the closing officer to give you a copy of the documents you’ll be signing a few days before the closing meeting so you have time to carefully review and correct them.

When to ask closing officer for a copy of documents?

Ask the closing officer to give you a copy of the documents you’ll be signing a few days before the closing meeting so you have time to carefully review and correct them.

Who will prepare the paperwork for title change?

In other areas, you may pass each other in the hallway or maybe sign your paperwork days earlier than the buyer. Either way, a closing or escrow officer will prepare the paperwork and record the title changes at the county. They will help walk you through the process.

Can you pack up your home before closing?

You can start packing up whatever isn’t already in storage but remember, until the deal is closed and the new buyer takes possession, you’re responsible for maintaining the home. For the most part you’ll be left alone during this period. You’ll have to make the home available for inspections and appraisal, and you’ll need to complete any agreed-upon repairs to satisfy an inspection contingency.

Keep for one year

Utility bills: At the end of the calendar year and once you've matched actual expenses to those that appear on your bank or credit card statements, you can toss utility bills.

Keep indefinitely

Home improvement purchases and receipts: You may not intend on selling your home anytime soon, but keep proof of purchases and upgrades you make, like adding new appliances or fresh drywall. They're helpful to demonstrate appreciated value to future buyers.

Keep until you sell your home

Abstract, title, appraisals and deed: Retain your own record, which outlines things such as legal boundaries and the history of your home.

Keep until it expires

Home warranties: Again, store in a protected location that you'll remember so you have access to coverage and limitations.

How long do you have to keep a closing disclosure?

6. Closing disclosure. Mortgage lenders must provide borrowers with a closing disclosure (also called a CD) at least three business days before settlement.

What happens when you take title and become the sole owner of the property?

When you take title and become the sole owner of the property, you’ll receive a deed —a legal document that confirms or conveys the ownership rights to the home, says Anne Rizzo, associate vice president of Detroit-based title insurance company Amrock.

What are disclosures for sellers?

Seller disclosures. Sellers are required by law to disclose certain problems with the home, both present and past, that they’re aware of that could affect its value. While laws vary by state, these disclosures might include lead-based paint, pest infestations, and renovations done without a permit.

What happens if you lose a home inspection?

If you lose them, you might have trouble holding the seller accountable in a court of law. 5. Home inspection report. After your home inspection, your inspector should produce a report with detailed notes on the condition of the home and any potential problems.

Why should you keep a contract?

Why you should keep it: The provisions stated in this contract must be followed to the letter. If you or the seller fails to fulfill these duties, there could be legal ramifications.

Why do you need a CD for closing?

It’s also the document you’ll need when you go to file your taxes , since you can take deductions for things such as mortgage points.

What is a purchase agreement?

Every home sale starts with a real estate purchase agreement —a legally binding contract signed by home buyers and sellers that confirms that they agree upon a certain purchase price, closing date, and other terms. Why you should keep it: The provisions stated in this contract must be followed to the letter.

What happens to a property after settlement?

once settlement takes place, the new owner is entitled to vacant possession of the property, effective immediately. This means all access devices such as keys and security codes are handed over to the buyer immediately after settlement.

How long do you have to move out of a house after settlement?

however, if you are living at the property at the time of settlement, you have until 12 noon the day following settlement to move out. Bear in mind that you are liable for any damage caused in that time. The specific terms of the Contract may always override ...

What is possession before settlement?

Possession prior to settlement agreement: Generally a separate agreement allowing the buyer to take possession before settlement . Fixed-term tenancy agreements: Where the property is sold “subject to the lease/tenancy” the buyer takes the property with the tenancy intact.

How much notice do you need to give a tenant to move out?

If the property is rented under a periodic tenancy agreement and the contract provides for vacant possession at settlement, the seller must give the tenant a minimum of 30 days notice to move out on a Notice of Termination (Form 1C) in accordance with the Residential Tenancies Act 1987.

What newspaper said "after switching homes, hang on to these forms"?

After switching homes, hang on to these forms – Chicago Tribune

When did the due on sale clause start?

Back in the 1980s, Congress enacted legislation prohibiting lenders from asserting the "due on sale" clause that exists in most mortgages (deeds of trust). One of the exceptions involves a "transfer where the spouse or children of the borrower become an owner of the property.".

Do you have to keep a title if you don't have a release?

How do you do this? If you have a document titled "release" or "certificate of satisfaction" that shows a recording number on its face, you don't have to keep those documents. But if you don't have such a release document, then you might want to ask a title attorney or title company (called escrow companies out West) to do a quick title search to make sure that all paid-off mortgages have been released and recorded.

Do you have to keep HUD-1 if you bought a house before 1997?

If, however, you bought and sold houses before 1997, you absolutely must keep all HUD-1 forms. Why? Before May 1997, the law allowed you to roll over your profit into the new house. For example, let's say in 1990 you bought a house for $100,000 and sold it in 1995 for $150,000.

Can a deed be tossed out?

Deeds and mortgages (also called deeds of trust) that have been paid off, and recorded among the land records in the state or county where your house stands, can be tossed out. Most jurisdictions have all of these documents available online, so there is no need to hang on to them.

Where to keep real estate records?

We recommend you keep important real estate records in a locked fireproof cabinet or safe deposit box. Make sure to tell any other party named on your mortgage where the files are and how to access them.

How long do you need to keep monthly mortgage statements?

You’ll need to keep monthly statements, such as those detailing paid monthly mortgage loan fees, only as long as you feel necessary – perhaps a few months – to ensure the payments were credited to your account.

What to do if you have undisclosed issues with your home?

If any undisclosed problems crop up with your home during your first two or three years of ownership, you may want to refer to the contract and disclosure documents to prove that the seller didn’t mention the problems. Keep these documents until you’re confident you’re past the point when undisclosed issues will emerge.

How long do you have to keep closing disclosures?

Consumers should hold on to the Closing Disclosure for at least a year after closing on their mortgage. The disclosure details the fees you paid to the lender and third parties, as well as whether or not you paid discount points. Under some circumstances, you can deduct discount points from income taxes, but you’ll need to keep ...

How long do you have to keep home loan records?

You could be required to produce records that prove income, deductions or credit claimed for at least three years from the date of a return. If you failed to file a tax return in any given year, ...

How to prove you are the owner of your home?

Even so, your personal copy is the quickest way to prove that you are, in fact, the owner of your home. Before discarding these papers, make sure you have a document labeled “release” or “certificate of satisfaction.”. You can verify this with the title company that handled your closing.

What to do before discarding a title?

Before discarding these papers, make sure you have a document labeled “release” or “certificate of satisfaction.” You can verify this with the title company that handled your closing.

Why is it important to keep paper records in a safe deposit box?

Keeping paper records in a locked fireproof cabinet or safe deposit box helps ensure papers stay secure. Just make sure you remember where you've stored the materials, and that you tell any other party named on your home loan where to find such documents.

How long do you have to keep home loan records?

Individuals are required to produce records proving any income, deductions or credit claimed for at least three years from the date of a return.

Where to store key records?

It's important to figure out where to store your key records. For instance, online or cloud-based records can be hacked, and hard drives can fail. Keeping paper records in a locked fireproof cabinet or safe deposit box helps ensure papers stay secure. Just make sure you remember where you've stored the materials, and that you tell any other party named on your home loan where to find such documents.

Can you throw out a deed to your home?

The U.S. government recommends that you hang onto any deeds as long as you own the property, but if you’ve paid off your mortgage and the deed to your property has been recorded in land records, the documents can be tossed. That's because most municipalities have copies of these documents available online.

Do you have to keep original documents for a home loan?

Even as technology moves closer to a paperless society, some printed original documents must be kept, including home loan documents. When it comes to keeping home loan papers, employing the "better safe than sorry" philosophy may lead to piles of papers, especially if you own multiple properties or have refinanced several times.

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What Contingencies Impact Sellers Before Closing on A House

Negotiating A Settlement Date

  • Buyers and sellers typically negotiate a settlement date that is mutually agreeable. If you have sold your home and are not yet ready to move into your next residence, you can sometimes negotiate a “rent-back”with the buyer that allows you to stay in the home after the settlement by paying rent to the buyer. Alternatively, some sellers allow the bu...
See more on realtor.com

Settlement Services

  • The decision about who provides settlement (also known as closing or escrow) services varies from one market to another. In many places, the buyer chooses the settlement company,but in others the seller chooses. When closing on a house, the buyer will provide funds to buy your home and the settlement agent will review the sales agreement to determine what payments you’ll rec…
See more on realtor.com

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