We have completed a Texas Home Equity (1st lien) and our attorney prepared the HUD for closing. They made the HUD available to the borrower the day before closing, but insisted it be signed, dated the day before the closing and returned. If the HUD is made available to borrower before closing, does it need to be signed and dated a date different than the closing date?
I would say that it doesn’t. It should be signed and dated the same as closing. The reason you are to make the HUD available early is for the borrowers to review the document to get any corrections done before closing and for them to make sure all is as they expect and ask question. This should not be the binding settlement.
All of that is said as it relates to RESPA, but I’m not sure of there are any Texas specific items that would require you to do anything differently. I would ask the attorney why and ask them to give you a citation to point you in the right direction.