Closing questions

When does the lender get the title commitment?

The commitment reaches the lender's closing department once issued, usually days after a clean search. Why simultaneous delivery keeps a New York file moving.

When does the lender get the title commitment?

Quick Answer

The commitment goes to the lender's closing department as soon as it is issued, usually within about five business days of the search coming back on a clean residential file. The borrower's attorney and the seller's attorney normally receive it at the same time so requirements can be worked in parallel.

Underwriting cannot finish without it. The lender needs Schedule A to confirm the insured amount and the vesting, Schedule B-I to see what still has to clear, and Schedule B-II to confirm no exception offends the loan program. A clear to close that predates the commitment is provisional.

Simultaneous delivery to all three offices is what keeps a file on schedule. When only the lender has the commitment, the seller's attorney learns about a payoff requirement days late. When only the attorneys have it, the lender's conditions arrive after the closing date is already set.

Changes trigger a revised commitment. A change in the loan amount changes the amount on Schedule A of the lender's policy. A change in the vesting, the addition of a borrower, or a switch from a purchase to a purchase CEMA all require the commitment to be reissued before closing.

For the borrower, the useful moment is the day the commitment arrives. That is when the Schedule B-I list becomes real and when the parties can see whether the closing date in the contract is achievable. Ask your attorney to walk the B-I list with you then.

On a refinance the same sequence applies with fewer parties: the commitment goes to the lender and to the borrower's attorney, and the payoff figures on the existing loan become the first requirement to chase. A payoff letter carries an expiration date, so an adjourned refinance closing normally needs an updated figure before funds move.

What delays a title commitment?

Municipal searches that come back with open permits or violations, judgment hits that need identity affidavits, an estate or entity in the chain, a mis-indexed prior recording, and co-op files waiting on the managing agent. Ordering the search at contract signing is what absorbs most of these delays.

Does a changed loan amount require a new commitment?

Yes. The lender's policy is written at the loan amount recited in Schedule A, so a revised loan amount means a revised commitment before closing. The same is true when a borrower is added or removed, when the vesting changes, or when the transaction becomes a CEMA.

What else should you read before closing?

In the glossary

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