HUD Closing Child

Closing Your HUD Home Transaction

Congratulations! You now have a signed sales contract confirming your purchase of a HUD home. What happens next? HUD’s Asset Manager (AM) contractor Alpine-First Preston signed your sales contract and will assign the closing of your transaction to a specialized HUD lawyer at Gardi, Haught, Fischer & Bhosale LTD.

After closing is assigned to one of our HUD attorneys at Gardi, Haught, Fischer & Bhosale LTD, we conduct a title search to ensure that when you close, you are conveyed a clear title to your new property.

One of our HUD lawyers will begin processing your transaction to get it ready to close by contacting local utilities and municipalities to ensure that there are no outstanding bills or liens against your property. If your property is a condominium or part of a homeowner association, we contact them to see if there are outstanding bills against your property so they can be satisfied prior to or at the closing.  

HUD Closing FAQ:

What is a HUD Home?

A HUD home is a 1 to 4-unit residential property acquired by HUD due to a foreclosure action on an FHA-insured mortgage. HUD becomes the property owner and offers it for sale to recover the loss on the foreclosure claim.

What is closing, and what do I need to bring?

Closing is when you sign all the documents related to the transaction. There can be as many as 10 or 12 people in attendance, including the closing agent, listing real estate agent, selling real estate agent, their respective brokers, buyer’s attorney, and loan officer.

You can expect to sign between 10 and 75 documents, depending on your lender and the complexity of the transaction. Though you have always been taught to read everything you sign–which is still excellent advice–to read this much material, absorb it, and understand it while there are as many as 10 other people in the room would be difficult at best. An experienced real estate attorney has read, absorbed, and understands these documents and can explain them clearly and concisely. Many of these documents have a significant legal impact on you, and you deserve to know what you are signing. Without the experience of a real estate attorney, most buyers hardly know where to start. Only your real estate attorney is ethically bound to have an undivided loyalty to you. He will not gloss over important details like prepayment penalties or restrictions on selling the property in the interest of “getting it closed.” The same applies to closing agents, title company representatives, or lender employees.

As far as what to bring, check with your loan officer to be sure. Common items purchasers require include an insurance binder and paid receipt for your property insurance, current paystubs, original inspections, including a wood-destroying insect (termite) inspection, and government-issued photographic identification, such as a driver’s license. It is common for closing agents to require certified funds from the purchasers to close. You should also make appropriate arrangements with utility companies, though this will not affect the closing. In some counties, you should go to the county assessor’s office after closing to sign up for owner-occupied or homestead exemptions for your real estate taxes. This will generally save you up to several hundred dollars per year. Ask your experienced HUD attorney for specific information for your county.

Why do I need a HUD attorney? Doesn’t my lender provide one?

The short answer is no. The lender is only concerned that there are no liens against the property, which may have priority over the lender’s mortgage. Issues such as possession, easements and restrictions that may affect your use of the property, and defective mechanicals are not a concern of your lender. Additionally, many lenders use title companies rather than attorneys to close their loans. Only HUD attorneys may dispense legal advice and representation.

Should I get a home inspection?

HUD does not warrant the condition of its properties and will not pay for the correction of defects or repairs. Since the new owner will be responsible for making needed repairs, HUD strongly urges every potential homebuyer to get a professional inspection prior to submitting an offer to purchase.

What is an Owner’s Policy?

A lender’s title insurance policy does not protect you. Similarly, the prior owner’s policy does not protect you. If you want to protect yourself from claims by others against your new home, you will need an owner’s policy. When a claim occurs, it can be financially devastating to an uninsured owner. Buying an owner’s policy is usually much less expensive if you buy it at the same time and with the same insurer as the lender’s policy.

What can I do to expedite the closing?

In the Chicago area and the Collar Counties, many municipalities have requirements that are the buyer’s responsibility, such as an inspection or transfer stamp. Make sure your real estate broker is familiar with the requirements. As the buyer, you are responsible for ensuring that your lender is ready to close. While you have been pre-approved for a loan, this does not mean your lender is ready to fund the transaction. You should contact your lender once you have a signed sales contract to see what else they need from you to be ready to close. Many closings had to be rescheduled because the lender was not ready.

When do I schedule the closing?

As soon as you learn that your lender is ready to close and you have met all the local municipal requirements that are the buyer’s responsibility, contact one of our HUD attorneys at Gardi, Haught, Fischer & Bhosale LTD to schedule the closing. Ensure you contact and meet with your HUD lawyer at Gardi, Haught, Fischer & Bhosale LTD before the 45-day period expires. If you do not, you must file an extension form for a 15-day extension and pay a fee. Your sales contract will be canceled if you do not file an extension request.

What can I expect to happen on closing day?

You’ll present your paid homeowner’s insurance policy or a binder and receipt showing that the premium has been paid. Your HUD attorney at Gardi, Haught, Fischer & Bhosale LTD will then list the money you owe the seller (remainder of down payment, prepaid taxes, etc.) and the money the seller owes you (unpaid taxes and prepaid rent, if applicable).

Once you’re sure you understand all the documentation, you’ll sign the mortgage, agreeing that if you don’t make payments, the lender is entitled to sell your property and apply the sale price against the amount you owe plus expenses. You’ll also sign a mortgage note promising to repay the loan. Your HUD lawyer at Gardi, Haught, Fischer & Bhosale LTD will give you the title to the house as a signed deed. The deed and mortgage will then be recorded by one of our HUD attorneys at Gardi, Haught, Fischer & Bhosale LTD in the appropriate County, and you will be a homeowner.

Where does the closing take place?

For your convenience, Gardi, Haught, Fischer & Bhosale LTD has offices in Schaumburg and other convenient locations.

Speak With a Schaumburg HUD Closing Attorney Today

Contact Gardi, Haught, Fischer & Bhosale LTD at (847) 944-9400 or complete our online contact form below to schedule a free consultation with one of our highly qualified HUD closing lawyers.

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