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Buyer's Closing Disclosure

  • 1.  Buyer's Closing Disclosure

    Posted 10-14-2024 10:13
    Has anyone had a mortgage broker tell you that the title company is to prepare the Buyer's Closing Disclosure "as you do on all loans." Our response is that we are charged with balancing CD with lender. We do not prepare Buyer's CD. 

    Thank you for closing with WPS. Much appreciated~
    Gail Malloy
    [email protected]
    Westmoreland Paralegal Services
    35 W. Pittsburgh St. Suite 300
    Greensburg, PA  15601
     724.832.8683
    c 724.420.1015
     724.838.8681

    FATIC copy2.pngMalloy_Gail_843-0446-highres-retouched copy.jpg

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  • 2.  RE: Buyer's Closing Disclosure

    Posted 10-15-2024 05:36

    At the lender's request, we get the ball rolling with the buyer's CD.  Of course, all it really shows when they make the request is our fees.  Then follows the finetuning with the lender eventually resulting in balancing with the  lender's document.

     

    ---

    Stephen M. Flatow, Counsel

    Vested Land Services LLC

    165 Passaic Ave, Suite 101

    Fairfield, NJ 07004

    973-808-6131 D

    973-808-6130 P

    973-227-0645 F

    WARNING – FRAUDULENT WIRING INSTRUCTIONS
    Email hacking is on the rise to fraudulently misdirect funds. Before wiring us any money, always call our office to verbally verify our wiring instructions. Please use independent sources such as the internet, to verify our phone number. We will not be responsible for any wires sent to incorrect bank accounts.

     




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  • 3.  RE: Buyer's Closing Disclosure

    Posted 10-16-2024 07:48


    In PA we are always asked to provide a preliminary CD.  We then balance with the Lender, but the final CD signed by borrowers is the one that the Lender provides.  We prepare the final Seller's CD.  At closing, we provide an ALTA statement to the realtors. 

     

    Veronica A. Eskra

    Title Agent/Manager

     

    Reliance Search and Settlement LLC

    A Stevens & Lee Company

    17 North Second Street, 16th Floor

    Harrisburg, PA 17101

    T: 717-547-8204

    F: 717-547-8201

    [email protected]

     

    *Always Remember - Wire Fraud is Rampant*

     

    Cyber criminals are hacking email accounts and sending messages with fake wiring instructions.

    These messages are convincing and sophisticated. 

    Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. 

     




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  • 4.  RE: Buyer's Closing Disclosure

    Posted 10-17-2024 10:17

    Same.

     

    Best regards,

     

    John Chluski
    Title Agent & Escrow Officer

    Melissa Alexis Chluski, P.A. dba Chluski Law
    1200 North Federal Highway, Suite 200
    Boca Raton, FL 33432
    561-500-8583 Ext 501
    www.chlusklaw.com

    CONFIDENTIALITY NOTICE: THIS ELECTRONIC MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL AND IS INTENDED ONLY FOR THE REVIEW OF THE PARTY TO WHOM IT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE LET ME KNOW IMMEDIATELY. ANY OTHER DISTRIBUTION, USE, OR REPRODUCTION WITHOUT MY CONSENT IS UNAUTHORIZED AND STRICTLY PROHIBITED.  UNINTENDED TRANSMISSION SHALL NOT CONSTITUTE WAIVER OF THE ATTORNEY-CLIENT OR ANY OTHER PRIVILEGE.

     

    WARNING: HELP PREVENT WIRE FRAUD. PLEASE CONFIRM ALL WIRE INSTRUCTIONS BY PHONE WITH OUR OFFICE BEFORE INITIATING ANY WIRE.  MY OFFICES WILL NEVER CHANGE WIRE INSTRUCTIONS VIA A THIRD PARTY.  FURTHERMORE, BEFORE INITIATING ANY OUTGOING WIRE, WE SHALL REQUIRE THE SUCCESSFUL COMPLETION OF OUR CONFIRMATION PROCESS.  WE APOLOGIZE FOR ANY INCONVENIENCE; THESE MEASURES ARE SOLELY TO REDUCE THE RISK OF WIRE FRAUD. 

    NOTICE REGARDING CASH TO CLOSE FOR CLOSING TRANSACTIONS: Our office no longer accepts certified checks, cashier's checks, bank checks, personal checks, money orders, OR ACH transfers at closing.  All cash-to-close for closing transactions MUST BE WIRE TRANSFERRED to our escrow account BEFORE closing. 

     

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  • 5.  RE: Buyer's Closing Disclosure

    Posted 10-15-2024 07:16

    My understanding is that the CD is the Lender's document. Even if there appears to be an error in the document (other than pointing it out to the Lender) we close based upon what the Lender provides (after balancing, of course). I do not think that the preparation of the CD would be considered a settlement service (as opposed to balancing, which would be a settlement service). I do not think that this is something for which you want to  take on the liability.

     

    Very truly yours,

     

    Peter J. Pike

    FL Board certified in Real Estate Law

    Admitted to practice in FL and NY

    "We are Open for Closings"

               Peter J. Pike, Esq.

               Pike Law Firm, PA

               4901 26th Street West

               Suite B

               Bradenton, FL 34207

               (O) 941-312-2580

               (F)  941-444-2156

               (C)  850-585-1596

     




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  • 6.  RE: Buyer's Closing Disclosure

    Posted 10-16-2024 09:43

    At our firm in Louisiana we always send the Lender a Preliminary CD with our fees and recording fees. Once we receive all additional invoices and commission statements we send another updated CD. The Lender usually sends their fees and interest rates a week before closing and we work on balancing. Most of our Lenders have clients sign our CD once we balance. My recollection is 3rd party lenders send their CD. I keep hearing that Louisiana is different than other states so that may be the reason. 



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    Joan Winans
    Real Estate Secretary
    Safeguard Title, LLC
    Lake Charles LA
    +1 (337) 562-2327
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  • 7.  RE: Buyer's Closing Disclosure

    Posted 10-16-2024 10:37

    Thanks for all your response on this inquiry. This was a mortgage broker telling us we were responsible for preparing Buyer's CD. Obviously we know we are not responsible for Buyer's CD, nor would we want to take on this liability. 

    I appreciate this forum to have these types of discussions. 



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    Gail Malloy
    Owner
    Westmoreland Paralegal Services
    Greensburg PA
    +1 (724) 832-8683
    ------------------------------

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  • 8.  RE: Buyer's Closing Disclosure

    Posted 10-15-2024 09:17

    We are asked quite often to send "our CD" to the lender before we get anything from the lender.

    The request will be for CPL, title commitment, fee sheet and/or CD.

    This is not the norm, but it does occur.



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    James Smith
    President/Owner
    First Guaranty Title, Inc.
    Madison MS
    +1 (601) 605-6626
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  • 9.  RE: Buyer's Closing Disclosure

    Posted 10-15-2024 10:41
    After the CD is balanced with the lender, we generally prepare a separate buyer's CD and seller's CD to provide to the realtors.    


    Pam Koenigsmark Tyson

    Real Estate Assistant

    Kruger & Abell Law Firm

    PO Box 568

    110 W. 5th Street

    Metropolis, IL  62960

    Phone: 618-524-9302    Fax: 618-524-9305

     

     

    We will never send wire instructions by unencrypted email.  You should always call our office at the number listed above to confirm any emails regarding wire instructions.

     

     




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  • 10.  RE: Buyer's Closing Disclosure

    Posted 10-15-2024 17:21

    My guess is that this mortgage broker is intending for you to send them a "preliminary CD", aka "pre-CD" with your fees only as Mr. Flatow notes above.

    Thank you for posting this...if I am ever asked to create a CD from scratch by a misguided lender, I'll remember this thread.

    Small world, Pam -- Kruger & Abell Law Firm, you are not far across the river from us in Superman's home town.  I often refer people to the Kruger firm if they have an Alexander County, Illinois deal.



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    Rhett Browning
    Cape Girardeau County Abstract & Title Co., Inc.
    Cape Girardeau MO
    +1 (573) 335-5890
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  • 11.  RE: Buyer's Closing Disclosure

    Posted 10-16-2024 14:07

    I've always been instructed that the CD is a lender's document (like the Note, or TIL), and, as such, should not be disseminated (to the realtors, e.g.) without express instruction from the lender.  We prepare the old HUD-1 for the realtors, using specific seller-side and buyer-side versions to protect NPPI.



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    Geralyn Donnelly
    Alabama - Independent Title Agent
    Huntsville AL
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  • 12.  RE: Buyer's Closing Disclosure

    Posted 10-16-2024 15:11
    Sorry, I wasn't clear in my initial response.  We don't prepare the actual buyer's CD for closing - y'all are correct, that's the lender's responsibility.  We prepare the "pre-CD" for the lender with our fees and costs and then we balance the final CD with the lender.  

    If realtors are involved we do prepare a separate buyer CD and seller CD that are signed at closing and each realtor is provided with the appropriate one - but it's disclosed to all parties that they are signing a CD which we prepared specifically for that purpose. 

    And Rhett Browing - thanks for your referrals.  Nice to see someone close to our little town!


    Pam Koenigsmark Tyson

    Real Estate Assistant

    Kruger & Abell Law Firm

    PO Box 568

    110 W. 5th Street

    Metropolis, IL  62960

    Phone: 618-524-9302    Fax: 618-524-9305

     

     

    We will never send wire instructions by unencrypted email.  You should always call our office at the number listed above to confirm any emails regarding wire instructions.

     

     




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  • 13.  RE: Buyer's Closing Disclosure

    Posted 10-16-2024 09:47

    Lenders will always ask, but it is a lender responsibility and function so we do not do it. End of story. If they question, we ask them to go to the CFPB website and look up TILA-RESPA Integrated Disclosure FAQ. We will provide a Seller's CD, but for the Buyer's side, only an estimate closing statement (aka Alta settlement statement). Course, there are always companies who will do it, but we are a firm believer in not doing more work or take on more liability than we need to. Follow the regulatory requirements!



    ------------------------------
    Juliana Tu, CSEO, CEO, CBSS, CEI, SASIP
    President and Escrow Manager
    Viva Escrow! Inc.
    Arcadia, CA 91006
    www.vivaescrow.com
    https://julianatu.com
    ------------------------------

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  • 14.  RE: Buyer's Closing Disclosure

    Posted 10-17-2024 11:13

    In California we have always been told the Buyers CD is the lenders responsibility.  There are some lenders that send a request for a master or Buyer CD.  I send them only our master statement.  We as settlement agent prepare the sellers CD only. 



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    Kelly Unger Wichak
    Escrow Manager/Escrow Officer
    Cardinal Escrow Inc.
    Long Beach CA
    +1 (562) 391-2229
    ------------------------------

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  • 15.  RE: Buyer's Closing Disclosure

    Posted 10-30-2024 10:33

    I wrote a whole article entitled "Closing Disclosures! Who's Responsible?" that should provide you with a thorough answer.



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