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
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
- DeedThe instrument that conveys real property. Signature, acknowledgment and delivery make it effective between the parties, while recording is what pr...
- Bargain and sale deedThe deed form used in most New York transfers. It passes the seller's interest with limited or no warranty of title, commonly with a covenant again...
- Affidavit of titleA sworn seller statement given at closing affirming no undisclosed liens, judgments or claims against the property. It supports the coverage writte...
- 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...
- Transfer tax (RPTT and NYS)Taxes on the conveyance itself, one City and one State. Rates step up at higher prices, and who pays is set by custom and then confirmed by the con...
Questions this raises
- Who is in the room at a NYC closing?Buyer, seller, both attorneys, the title closer and a lender representative. Who attends a New York City closing, what each one does, and who can s...
- What gets recorded after a NYC closing?Deed, mortgage, assignments and satisfactions record through ACRIS with the City Register, along with transfer tax returns. What is filed instead o...
- 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 befor...
The statute itself
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