Closing questions

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 actually does.

What documents do I sign at closing?

Quick Answer

A financed buyer signs the note, the mortgage, the title affidavit, the settlement statement, the transfer tax returns and the lender's closing package. A seller signs the deed, the transfer tax returns, the settlement statement, the title affidavit and any lien releases. Nothing should be signed before it is explained.

The note is the promise to repay and the mortgage is the security instrument that puts a lien on the property. They are separate documents doing separate jobs, and only the mortgage is recorded. Read the rate, the term, the payment and the prepayment terms on the note before signing.

The deed transfers ownership. In New York City residential resales the usual form is a bargain and sale deed with covenant against grantor's acts, which is narrower than a full warranty deed. The seller signs and acknowledges it, and it is delivered at closing and recorded afterward.

The title affidavit is the seller's sworn statement about matters the record cannot show: no unrecorded tenancies, no unpaid work that could support a mechanic's lien, no undisclosed judgments, identity and marital status. The title company relies on it, so it is signed with care rather than glanced at.

Transfer tax returns travel with the deed. In New York City that means the TP-584 for the state tax and the NYC-RPT for the city tax, plus the RP-5217NYC equalization form. These have to agree with the deed and the settlement statement or the recording package gets rejected.

The settlement statement is the accounting. Every credit, debit, payoff, adjustment and disbursement appears on it, and once signed it is the record of what each party agreed to at the table. Take the time to read the adjustments for taxes, water and common charges before signing.

What is a bargain and sale deed with covenant?

It is the common New York residential deed form. The seller covenants only that the seller has not encumbered the property during the seller's own ownership, which is narrower than a full warranty covering the entire chain. The owner's title policy is what covers defects created before the seller's ownership.

What is the title affidavit for?

It is the seller's sworn statement about matters no public record can show: unrecorded tenancies, recent work that could support a mechanic's lien, undisclosed judgments, identity and marital status. The title company relies on it in removing exceptions, so an inaccurate answer creates real exposure for the seller.

What else should you read before closing?

In the glossary

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