For every federally related mortgage
transaction, a HUD-1 Form must be filed. The HUD-1 Form lists a complete
accounting of the purchase transactions. Below you will find an explanation
of the HUD-1 Form
The HUD-1 Settlement Statement is the
financial picture of the closing. All money flowing into and out of
settlement appears on the form. “Buyers” are referred to as “borrowers” on
this form even though it may be used when there is no loan involved, such as
in a cash transaction. For our purposes, we will refer simply to “buyers”
and “sellers.”
The Settlement Agent is responsible for
preparing the HUD-1 and closing the transaction in accordance with several
documents.
The Contract or Escrow Agreement is the
written agreement between Buyer and Seller which shows the purchase price of
the home as well as the “who-pays-what” information relating to closing
costs.
The Loan Closing Instructions, provided by
the Lender, show all loan-related costs.
Title evidence, in
the form of a title commitment, title report or other document, reflects any
existing mortgages or judgment liens that must be satisfied or paid off at
time of closing.
It is the responsibility of the Settlement Agent to
see that all charges on the HUD-1 are substantiated in writing and to see
that all deposits and disbursements are made in accordance with the HUD-1.
Let’s review the HUD-1 Settlement Statement section by section.
Page 1
of the Settlement Statement is divided into three main
sections.
Sections A-I: The top portion shows the parties to
the transaction are: Buyers, Sellers, Lender and Settlement Company--along
with the property address and closing date.
Sections J and K: The bottom portion of page 1 is
divided into two columns: Section J for Buyers and Section K for Sellers.
J-scans Sections 100-300: Section J is further
broken down into the Buyer’s debits (section 100), credits (section 200) and
totals (section 300).
Section 100 Buyer Debits: Section 100 shows what the
Buyer owes, such as the purchase price of the home.
Line 103: Line 103 reflects the settlement charges
paid by the Buyer, which are itemized on Page 2 and carried over from Line
1400.
Line 120: Line 120 is the total of what the Buyer
owes.
Section 200 Buyer Credits: Section 200 shows what
credits the Buyer has, such as the loan amount, the deposit made by the
Buyer and any money owed to the Buyer by the Seller at time of closing, such
as prorations for taxes and assessments.
Section 300: Section 300 carries the totals down to
the bottom of the page. Line 301 is the same as Line 120. Line 302 is the
same as Line 220. Line 303 is the total “cash” due from the Buyer at
closing.
Line 303: Generally, the buyer is asked to bring a
cashiers check or other certified funds for this amount to closing.
Sections J and K: Section K reflects the credits,
debits and totals of the Seller and is broken down into Sections 400, 500
and 600.
Section 400 Seller Credits: Section 400 reflects the
credits due the Seller at closing, such as the sales price of the home.
Line 420: Line 420 shows the total credits due to
the Seller at closing.
Section 500 Sellers Credits: Section 500 reflects
the charges or debits of the Seller. Examples include the settlement charges
paid by the Seller (Line 502), payoffs of existing loans and prorations of
items such as taxes and assessments to be credited to the Buyer at closing.
Line 520: Line 520 shows the total debits due from
the Seller at closing.
Section 600: Section 600 carries the totals down to
the bottom of the form. Line 601 is the same as Line 420. Line 602 is the
same as Line 520.
Line 603: Line 603 is the “cash” due to the Seller
at closing.
Page 2 of the
settlement statement Buyer/Seller Columns contains Section L, “Settlement
Charges,” with separate Buyer and Seller columns. Section L is further
divided into Sections 700 through 1300, ending with Line 1400.
Line 700: Section 700 reflects the amount of
commission to be paid to the real estate brokers.
Section 800: Section 800 discloses loan-related
charges such as origination fees and discount points.
“POC” Example: Any fee the Lender requires to be
paid “up front” (at time of loan application), such as a credit report fee,
will be shown on the HUD-1 with the notation “POC” for “Paid Outside
Closing”.
Section 900 Prepaids: Section 900 reflects any
prepaid items the Lender requires be paid in advance, such as preliminary
interest or the first year’s hazard insurance premium.
Section 1000 Escrows: Section 1000 reflects escrow
items, such as deposits for taxes and insurance, which the Lender collects
and holds for payment of future bills.
Section 1100 Title: Section 1100 reflects title
charges payable to the title and/or settlement company. Such fees may
include settlement or closing fee, abstract or search fee, title examination
fee, and title insurance premiums, among others.
Section 1200 Recording: Section 1200 reflects county
and/or state recording fees for instruments such as the deed and mortgage.
Section 1300 (Additional): Section 1300 reflects any
additional settlement charges, such as survey or pest inspection fees.
Line 1400: Line 1400 reflects the total of charges
for the Buyer and the Seller.
Line 1400 carried to Buyer 103: The total due from
the Buyer is carried over to Page 1, Line 103.
Line 1400 carried to Seller 502: The total due from
the Seller is carried over to Page 1, Line 502.
Once you are satisfied that the information shown on
the HUD-1 Settlement Statement is complete and accurate, you will be asked
to sign the statement, indicating your approval for the disbursement of
funds in connection with the transaction. The Settlement Agent will also
sign the HUD-1, certifying that the information shown is accurate and that
disbursement of the funds will be made in accordance with the Statement.