23
1 Real Estate Claims Guidance Your guide to completing the DD Form 1705 for the Sale and Purchase of Residence

Real Estate Claims Guidance

  • Upload
    garan

  • View
    67

  • Download
    0

Embed Size (px)

DESCRIPTION

Real Estate Claims Guidance. Your guide to completing the DD Form 1705 for the Sale and Purchase of Residence. Helpful Tips. A civilian employee making a Permanent Change of Duty Station Move may be authorized to claim for real estate reimbursement for the Sale or Purchase of - PowerPoint PPT Presentation

Citation preview

Page 1: Real Estate Claims Guidance

1

Real Estate Claims Guidance

Your guide to completing the

DD Form 1705 for the Sale and Purchase of Residence

Page 2: Real Estate Claims Guidance

2

Helpful Tips

A civilian employee making a Permanent Change of Duty Station Move may beauthorized to claim for real estate reimbursement for the Sale or Purchase oftheir residence. Employees have up to two years to sell or buy their

residence upon arrival at their new duty station.

Note: not all expenses incurred in the sale/purchase are reimbursable!

• The real estate reimbursement claim for sale/purchase of a residence cannot be filed until after the closing and the seller/purchaser has incurred the expenses. JTR Vol. 2, Chapter 4 does not allow for an advance on real estate expenses.

• Although the form provides a column for sale expenses claimed at the old address and a column for purchase expenses claimed at the new duty station, this does not mean you must wait until both are accomplished before submitting your claim.

• To the contrary, it is well advised that you separate the sale and purchase claims in order to be paid on one while awaiting administrative processing on the other claim.

Page 3: Real Estate Claims Guidance

3

What do you need?

Submit the completed DD 1705 (Reimbursement for Real Estate Sale and/orPurchase Closing Cost Expenses) and two (2) copies after expenses havebeen incurred and paid.  The following should accompany the DD 1705: 1. DD Form 1351-2, signed and dated.  Do not fill in money amount until

claim is approved by Legal Office. Do not write below the signature line. 2. Three (3) copies of travel orders, DD Form 1614, including amendments. 3. Three (3) copies of HUD Settlement Statement.  This is the itemized list       of charges for the sale or purchase of a residence and requires the           signatures of both the buyers and the sellers.4. Three (3) copies of the sale and/or purchase agreement with the

signatures of both the buyers and the sellers. 5. Three (3) copies of receipts for any and all expenses claimed that were

paid outside of closing for expenses in excess of $75. 6. Three (3) copies of the Deed.7. If you made a prior claim for a sale or purchase (same residence) and a

change or addition is required, be sure to submit the prior property settlement documents and approved claim.

8. Any additional substantiation for claimed expenses that are not listed on paperwork from your bank or real estate agent.

Page 4: Real Estate Claims Guidance

4

Additional Items You Will Need

• If this is a purchase, truth in lending statement, finance charge disclosure statement, and a loan closing statement

• If this is a sale, please submit mortgage documents, if you are claiming a pre-payment fee.

• Note: All claims should be filed through the local Air Force Civilian Personnel Flight (CPF). If your sale or purchase claim is outside of that area to which the claim is being filed, the claim will be coordinated to the closest AF CPF within the state that the property was sold or purchased for review.

Page 5: Real Estate Claims Guidance

5

Allowable Expenses – Purchase of Home

The following expenses are typically reimbursable when reasonable in amount and customarily paid by the buyer in the location where the property is situated: • FHA or VA fees for the loan application • Loan origination fee (generally up to 1% of the loan amount) • Credit report fee • Mortgage and transfer taxes • State revenue stamps • Mortgage title insurance policy paid for by the purchaser for the protection of, and as

required by, the lender  (Please note:  Normally, any title insurance purchased for the protection of the buyer is NOT reimbursable.)

• Expenses in connection with the construction of a residence that are comparable to the expenses incurred in purchasing a pre-existing residence

• One (1) lender’s appraisal fee • Survey expenses • Recording fees • Document preparation fees • Reasonable attorney’s fees for settlement/closing • Expenses connected with environmental and property inspection fees when required

Page 6: Real Estate Claims Guidance

6

Non-Reimbursable Expenses – Purchase of Home

The following items are generally NOT reimbursable: • Owner’s title insurance policy, “record title” insurance policy, mortgage insurance or

insurance against loss or damage of property, or any other optional insurance • Tax service fee (charged to buyer to compute and prorate a tax obligation) • Any interest on loans, points, mortgage discounts or rate buy-down fees • Homeowner’s warranty • Property taxes • Operating or maintenance costs • Fees for cashier’s checks • Any fee, cost, charge or expense that is determined to be part of the finance charge

or necessary for the extension of credit to the buyer • Fees or payments associated with any home improvements • VA fund fee • Any expenses paid by the seller on behalf of the buyer • Expenses resulting from the construction of a residence that would not be

reimbursable when purchasing a pre-existing residence • Legal fees that result from a sale that does not go to settlement or closing • Any loss as a result of prices or market conditions at the old or new duty station

Page 7: Real Estate Claims Guidance

7

Allowable Expenses – Sale of Home

The following expenses are typically reimbursable when reasonable in amount and are customarily paid by the seller in the locality where the property is situated: • Broker’s fees or realtor commissions • Advertising and selling expenses (newspaper advertisements, bulletin

boards, multiple listing services, etc.) only if the residence is not listed with a real estate broker

• Cost for title search, preparing the abstract, and any legal fees associated with a title opinion/title insurance policy (when customarily paid by the seller)

• Cost of preparing conveyances and other instruments or contracts • Notary fees and recording fees • Cost of surveys and preparing drawings or plats when required for financing • Inspections required by the lender • Transfer taxes • Reasonable attorney fees • Mortgage prepayment charges

Page 8: Real Estate Claims Guidance

8

Completing DD Form 1705 – Page 1

Page 1 is the easy stuff – It’s all about you and your old or newresidence • Blocks 1- 4 – Your Information – Name, Address, SSN

• Blocks 5 -10 – Transfer/Move information – Locations and Dates

• Blocks 11-15 Residence Information – Addresses, Dates and Amounts

• Blocks 16 and 17 are your certifications for either purchase or sale of residence – read, sign and date the appropriate blocks.

Now on to Page 2 - this is where documentation and explanation is key.Reference lines are where amounts can be located on your Purchaseor Sales Agreement – this will be very helpful in preparing Page 2.

Page 9: Real Estate Claims Guidance

9

Line 21Line 21 Sales/Broker’s fees:

• Home Sales Only

• Includes fees for listing when not included in commission payment

• HUD Lines 700-703

Completing Page 2 of DD 1705

Page 10: Real Estate Claims Guidance

10

Expenses Itemization Chart• As you fill out a line on DD Form 1705 you

must itemize each individual expense on the form titled “Expenses Itemization Chart” in Columns 1 and 2.

• Example: if the amount you filled in on Line 24 of the DD Form 1705 ($600) is the total of HUD Lines 1102 (Title Search) (i.e. $400) and 1109 (Lender’s Coverage) (i.e. $200) from your HUD form, you must do two entries (lines) on the expenses chart to itemize the total from Line 24 of the DD Form 1705.

• In this example your first entry on the Expenses Itemization Chart will list Line 24 for the DD 1705 line number and HUD Line 1102 for the HUD line number. The amount claimed will be $400.

• Your second entry on the Expenses Itemization Chart would list Line 24 for the DD 1705 line number and HUD Line 1109 for the HUD line number. The amount claimed will be $200.

• Failure to itemize expenses will result in your package being returned without action.

Co

lum

n 1

Co

lum

n 2

Page 11: Real Estate Claims Guidance

11

Line 22Line 22: Advertising Fees

• Only when you sell the home yourself.

• Sale without use of broker or agent.

• Need receipts

• Advertising and Brokerage fees can’t both be claimed.

• Not listed on closing statement

Page 12: Real Estate Claims Guidance

12

Line 23Line 23: Appraisal Fee

• Sale Only

• Not Often Charged

• HUD Line 803

Page 13: Real Estate Claims Guidance

13

Line 24

Line 24: Legal and Related Costs

• Settlement/Closing Fee – HUD Line 1101

• Abstract/Title Search – HUD Line 1102

• Title Exam – HUD Line 1103

• Title insurance Binder – HUD Line 1104

• Document Preparation – HUD Line 1105

• Deed/Mortgage Recording – HUD Line 1201

• Survey – HUD Line 1301

Reminder: make sure you itemize each expense being claimed on the Expenses Itemization Form!

Page 14: Real Estate Claims Guidance

14

Line 25a

Line 25a: Prepayment Charge

• Sale Only

• When seller is required to pay penalty when loan refinanced

• Separate receipt required

Page 15: Real Estate Claims Guidance

15

Line 25b

Line 25b: Lender’s Appraisal

• Purchase Only

• Only when required by lender

• HUD Line 803

Page 16: Real Estate Claims Guidance

16

Line 25c

Line 25c: FHA/VA Application Fee

• When required by lender

• Separate receipt required

Page 17: Real Estate Claims Guidance

17

Line 25d

Line 25d: Certification Fee

• Structural Soundness/Physical Condition

• Lender’s Inspection Fees

• Only when required by lender or for new construction

• HUD Lines 805 and 1302.

Page 18: Real Estate Claims Guidance

18

Line 25e

Line 25e: Credit Report Fee

• Only if required by Mortgage, Lender, FHA or VA.

• HUD Line 804

Page 19: Real Estate Claims Guidance

19

Line 25f

Line 25f: Mortgage Title Policy Fee

• Amount for Mortgage or Lender’s Title Insurance Only (HUD Line 1109)

• Not for Owner’s Coverage (HUD Line 1110)

• If only HUD Line 1108 is filled in and HUD Line 1109 and 1110 are blank, you must get substantiation from lender for how much of HUD Line 1108 was coverage for the Lender or your package will be returned.

• Mortgage Insurance on Life of Borrower and/or Owner’s Title Insurance are NOT reimbursable.

• HUD Lines 1108, 1109, and 1110

Page 20: Real Estate Claims Guidance

20

Line 25g

Line 25g: Escrow Agent's Fee

• Amount paid to escrow agent or other agent used to close real estate transaction

• HUD Line 1101

Page 21: Real Estate Claims Guidance

21

Line 25h

Line 25h: Revenue Stamps

• City/Parish/State Tax Stamps

• Usually one or the other -rarely both

• HUD Lines 1202 and 1203

Page 22: Real Estate Claims Guidance

22

Line 25i

Line 25i: Sales or Transfer Tax; Mortgage Tax

• Not often charged

Page 23: Real Estate Claims Guidance

23

Line 26

Line 26: Other Incidental Expenses

• Loan Origination Fee, etc.

• Remember to itemize on expenses itemization chart!

• Must be reasonable and customary

• If you are submitting a reimbursement for a sale, you must provide proof that each expense claimed is reasonable and customary for that area (i.e. a letter from a title company)