Monday, July 18, 2011

query: earnest money need to show on the HUD-1

Yes, earnest money aka hand money should be shown on the HUD-1.  The exception is a case in which the funds haven't transferred or a mortgage lender has not been able to verify that the funds have transferred.  In these cases, the deposit is not credited on the HUD-1 because we do not want to imply that there was a deposit if in fact, one did not exist.

Sellers and agents should always deposit

query: earnest money need to show on the HUD-1

Yes, earnest money aka hand money should be shown on the HUD-1.  The exception is a case in which the funds haven't transferred or a mortgage lender has not been able to verify that the funds have transferred.  In these cases, the deposit is not credited on the HUD-1 because we do not want to imply that there was a deposit if in fact, one did not exist.

Sellers and agents should always deposit

query: whose liability would it be if the title insurance company issued a final policy on a construction loan and the house never got built

I don't see the issuance of a title policy as having anything to do with the construction of the house.  Title insurance does not insure construction.  For the mortgage lender, it insures the validity of their lien.  For the owner, it insures the ownership of the land.

Any property owner or mortgage lender involved in a construction transaction must keep their own eyes on the construction and

query: whose liability would it be if the title insurance company issued a final policy on a construction loan and the house never got built

I don't see the issuance of a title policy as having anything to do with the construction of the house.  Title insurance does not insure construction.  For the mortgage lender, it insures the validity of their lien.  For the owner, it insures the ownership of the land.

Any property owner or mortgage lender involved in a construction transaction must keep their own eyes on the construction and