Closing questions
What is the difference between the ALTA settlement statement and the Closing Disclosure?
The Closing Disclosure is the lender's borrower form. The ALTA statement is the agent's full accounting for both sides. How to reconcile them before closing.
What is the difference between the ALTA settlement statement and the Closing Disclosure?
Quick Answer
The Closing Disclosure exists because of federal rules. It is delivered to the borrower at least three business days before consummation, it follows a fixed format, and certain charges are subject to tolerance limits measured against the Loan Estimate. Its audience is the borrower and the regulator.
The ALTA settlement statement exists because a closing has two sides and more parties than the borrower. It shows the seller's payoffs, the broker commissions, the transfer taxes, the adjustments for taxes and common charges, and the disbursements the settlement agent will actually make.
Reconciling them is a line-matching exercise. Every charge on the Closing Disclosure should appear on the ALTA statement at the same amount, and the difference in totals should be explainable by items that simply do not belong on a borrower's disclosure. Unexplained differences are worth resolving before anyone signs.
Timing is the practical constraint. Because the three business day delivery rule applies to the Closing Disclosure, a late change that requires redisclosure can move the closing date. Adjustments discovered the night before, like a corrected payoff or a missed water charge, are the usual culprits.
For the borrower the useful habit is to read the two side by side and ask about any line that appears on one and not the other. For the seller, the ALTA statement is the only document that shows the seller's numbers at all.
Which document controls if the numbers disagree?
Neither is a contract, but the disagreement itself is the signal to stop and reconcile. The Closing Disclosure governs what was disclosed to the borrower under federal rules and drives tolerance and redisclosure analysis. The ALTA statement governs what the settlement agent will actually disburse to each party.
Does the seller get a Closing Disclosure?
The seller's figures generally appear on a seller version or on the ALTA settlement statement rather than on the borrower's form. The borrower's Closing Disclosure is a loan document about the borrower's transaction, so a seller reviewing only that page will not see the payoffs and credits that matter to the seller.
What else should you read before closing?
In the glossary
- Closing statementThe itemized accounting of every credit, debit and disbursement at a closing. Commercial deals use a HUD-1 or ALTA settlement statement; consumer m...
- Closing DisclosureThe federal disclosure listing a residential borrower's loan terms, closing costs and cash to close. It is delivered at least three business days b...
- RESPAThe federal statute regulating residential settlement disclosure and prohibiting kickbacks or unearned fees for referring settlement service business.
- Escrow (at closing)Funds or documents held by a neutral party until stated conditions are satisfied. At a New York closing it usually means a holdback from proceeds u...
Questions this raises
- How are title fees shown on a Loan Estimate?Section C holds shoppable title services, Section E holds recording and transfer taxes. How to read New York title lines and compare them to the fi...
- What documents do I sign at closing?Note, mortgage, title affidavit, settlement statement and transfer tax returns for buyers; deed and releases for sellers. What each document actual...
- What is a closing protection letter?A CPL indemnifies the lender if the settlement agent mishandles funds or ignores closing instructions. What borrowers should know about it in New Y...
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