Real estate abstract
A method and system for preparing and managing real estate transfers
and financing, including a system for preparation, production and
storage of relevant documentation and the data contained therein;
a system for coordinating, reconciling and transferring funds; and
a system of analyzing and tracking the progress of numerous real
estate transactions. The invention uses a database to minimize the
redundancy involved in the preparation of all documentation needed
for real estate closings. Information input into the database is
used to generate the documentation necessary to complete real estate
transfers, including all forms required by relevant financial institutions
and government agencies. Such documentation includes handwritten
signatures, which are digitally scanned and incorporated into the
documents. Also, ancillary documentation can be scanned into the
system and combined with other customer data and documentation.
Thus a "closing package" can be compiled which contains
electronic versions of virtually any document needed for closing
a real estate transaction. Further included are scheduling features
for coordinating one or many real estate transactions and management
reporting for keeping track of a plurality of real estate transaction.
Real estate claims
What is claimed is:
1. A method of using a computer to facilitate a real estate transaction
comprising: inputting into said computer first party information
identifying a first party who has an ownership in a real estate
property; inputting into said computer second party information
identifying a second party seeking to purchase said property; inputting
into said computer property information identifying said property;
inputting into said computer terms of sale, comprising the conditions
that must be satisfied before said real estate transaction is complete;
maintaining in said computer a plurality of form documents, said
form documents each including at least one field corresponding to
parts of at least one of said first party information, said second
party information, said property information and said terms of sale;
preliminarily compiling on said computer at least one of said form
documents, wherein said preliminarily compiled at least one form
document includes parts of said at least one of said first party
information, said second party information, said property information
and said terms of sale, integrated into substantially all fields
contained in said at least one of said form documents; displaying
said preliminarily compiled at least one form document to at least
one of said first party and said second party; inputting into said
computer at least one signature indicating an approval of said preliminarily
compiled at least one form document by said at least one of said
first party and said second party, said at least one signature comprising
a digitally encrypted signature of said at least one of said first
party and said second party who has approved said preliminarily
compiled at least one form document; finally compiling on said computer
said preliminarily compiled at least one form document after it
has been approved by said at least one of said first party and said
second party, wherein said finally compiled at least one form document
includes a de-encrypted version of said at least one signature;
outputting from said computer said finally compiled at least one
form document; inputting into said computer a digitally scanned
image of at least one ancillary document, and outputting from said
computer said at least one ancillary document in conjunction with
said at least one finally compiled at least one form document.
2. The method of claim 1, wherein said finally complied at least
one form document comprises documents needed to pass title of said
property.
3. The method of claim 1, wherein said second party information
comprises financial information relating to the funds that will
be used to purchase said property, said financial information comprising
loan information identifying at least one financial institution
lending said funds for said purchase of said property.
4. The method of claim 3, wherein said second party information
further comprising at least the minimum financial information required
by said at least one financial institution before it will lend said
funds for said purchase of said property.
5. The method of claim 4, wherein said plurality of form documents
comprises documents required by said at least one financial institution
before it will lend said funds for said purchase of said property.
6. The method of claim 3, wherein outputting from said computer
further comprises: transmitting by means of a global electronic
communications network said finally compiled at least one form document
to said financial institution.
7. The method of claim 3, further comprising: inputting into said
computer at least one calendar date, said at least one calendar
date comprising the date on which said preliminarily compiled at
least one form document is displayed to at least one of said first
party and said second party for approval.
8. The method of claim 7, further comprising: outputting from said
computer a notice of said at least one calendar date to at least
one of said first party, said second party and said financial institution.
9. The method of claim 7, further comprising: outputting from said
computer a report comprising data inputted into said computer relating
to a plurality of real estate transactions.
10. The method of claim 9, wherein said report comprises financial
information.
11. The method of claim 9, wherein said report comprises at least
one of said first party information, second party information and
property information.
12. The method of claim 11, wherein the steps of inputting first
party information, second party information, and property information
does not include the redundant input of any parts of the information,
relating to the respective said first party, said second party and
said property.
13. The method of claim 12, wherein the step of inputting property
information comprises title information indicating all parties with
an ownership right in said property.
14. The method of claim 1, wherein said finally compiled at least
one form document comprises at least one physical negotiable financial
instrument or check.
15. The method of claim 14, wherein said at least one physical
negotiable financial instrument or check comprises at least a portion
of the funds required by the terms of sale from said second party.
16. The method of claim 14, wherein said at least one physical
negotiable financial instrument comprises at least a portion of
the funds required by the terms of sale from said first party.
17. The method of claim 1, wherein said preliminarily compiled
at least one form document is displayed to both said first party
and said second party.
18. The method of claim 17, wherein said preliminarily compiled
at least one form document is displayed to said first party at a
remote location from where said preliminarily compiled at least
one form document is displayed to said second party.
19. The method of claim 18, wherein said preliminarily compiled
at least one form document is displayed to at least one of said
first party and said second party using a global electronic communications
network.
20. The method of claim 1, wherein said preliminarily compiled
at least one form document comprises disclosure documents required
by federal, state or local governments with power to regulate the
sale or transfer of said property.
21. A method of using a computer to facilitate a real estate transaction
comprising: inputting into said computer first party information
identifying a first party who has an ownership in a real estate
property; inputting into said computer second party information
identifying a second party seeking to purchase said property; inputting
into said computer property information identifying said property;
inputting into said computer terms of sale, comprising the conditions
that must be satisfied before said real estate transaction is complete;
maintaining in said computer a plurality of form documents, said
form documents each including at least one field corresponding to
parts of at least one of said first party information, said second
party information, said property information and said terms of sale;
preliminarily compiling on said computer at least one of said form
documents, wherein said preliminarily compiled at least one form
document includes parts of said at least one of said first party
information, said second party information, said property information
and said terms of sale, integrated into substantially all fields
contained in said at least one of said form documents; displaying
said preliminarily compiled at least one form document to at least
one of said first party and said second party; inputting into said
computer at least one signature indicating an approval of said preliminarily
compiled at least one form document by said at least one of said
first party and said second party, said at least one signature comprising
a digitally encrypted signature of said at least one of said first
party and said second party who has approved said preliminarily
compiled at least one form document; finally compiling on said computer
said preliminarily compiled at least one form document after it
has been approved by said at least one of said first party and said
second party, wherein said finally compiled at least one form document
includes a de-encrypted version of said at least one signature;
outputting from said computer said finally compiled at least one
form document; inputting into said computer a digitally scanned
image of at least one ancillary document, and outputting from said
computer said at least one ancillary document in conjunction with
said at least one finally compiled at least one form document; wherein
said finally compiled at least one form document comprises documents
needed to pass title of said property; wherein said second party
information comprises financial information relating to the funds
that will be used to purchase said property, said financial information
comprising loan information identifying at least one financial institution
lending said funds for said purchase of said property; wherein said
plurality of form documents comprises documents required by said
at least one financial institution before it will lend said funds
for said purchase of said property; and wherein the steps of inputting
first party information, second party information, and property
information does not include the redundant input of any parts of
the information, relating to the respective said first party, said
second party and said property.
22. The method of claim 21, wherein said preliminarily compiled
at least one form document is displayed to said first party at a
remote location from where said preliminarily compiled at least
one form document is displayed to said second party and wherein
said preliminarily compiled at least one form document is displayed
to at least one of said first party and said second party using
a global electronic communications network.
23. The method of claim 22, wherein said finally compiled at least
one form document comprises at least one negotiable financial instrument
or check.
Real estate description
COPYRIGHT NOTICE
A portion of the disclosure of this patent document contains material
that is subject to copyright protection. The copyright seller has
no objection to the facsimile reproduction by anyone of the patent
document or the patent disclosure, as it appears in the Patent and
Trademark Office patent file or records, but otherwise reserves
all copyright rights whatsoever.
FIELD OF THE INVENTION
The invention relates generally to a method and system for preparing
and managing real estate transfers and financing, which includes
a system for preparation, production, delivery and storage of relevant
documentation and the data, contained therein.
BACKGROUND OF THE INVENTION
The process of buying, selling or even just financing real estate
generally involves a great deal of documentation. Most of the documentation
involved requires redundant personal information and signatures
of the parties. What is more, the financing involved in real estate
transactions can include lengthy applications that often need to
be completed more than once if financing is being sought from more
than one potential lender.
Another aspect of real estate transactions involves the scheduling
and coordination of the parties and finances involved. This generally
includes buyers, sellers, attorneys, real estate settlement providers,
real estate agents, financial institution representatives, and others.
All these people need to schedule a mutually convenient meeting
time and place for the closing.
Also, a reconciliation of funds being transferred between parties
must be coordinated so that the closing will be funded properly.
Many different real estate professionals, branches of government
and others must be paid at or near the closing date. This whole
process is often made difficult by last minute adjustments in the
agreed upon loan rates, taxes due and other variables.
Real estate transactions are further complicated by the fact that
much of the information contained in the required documentation
is often transferred or translated manually from the forms that
were completed by hand to an electronic medium such as a computer.
The involved real estate attorney, real estate settlement provider,
Realty Company, Title Company or financial institution, often does
such a transfer. The information, once stored in electronic form,
can then be delivered to mortgage banks, financial institutions,
government sponsored agencies, document custodians or can even be
used by word processing software for completing the forms and documentation
needed in "closing" the real estate transaction. Not only
is this manual transfer or translation of data cumbersome, but also
it is time consuming and prone to typographical and other errors.
Once the mortgage transaction is closed, copies of the final documents
are usually stored or maintained by the attorneys, mortgage banks,
financial institutions, and document custodians involved in the
real estate transaction. The shear bulk of the papers impose significant
storage costs to the professionals involved. This cost can be further
exaggerated when copies of the documentation are translated to microfiche,
scanned to electronic format or other means of long-term mass document
storage.
What is more, the information obtained during the real estate transaction
is very valuable to professionals regularly involved in these transactions.
This information includes detailed demographic data about the parties.
Professionals often use such information for marketing or follow-up
promotions of their goods or services. Also, the non-confidential
aspects of this information can be sold or traded to companies that
collect consumer data. For this reason, it is important that certain
parts of the information collected be translated and stored in a
database or any easy to use means of data storage and retrieval.
Currently, the majority of the real estate mortgage industry still
uses very antiquated methods for preparing closing documents. The
sale and financing of real estate has historically been associated
with a great deal of paper documentation due to longstanding statutes
and laws requiring written, signed and notarized documents for the
legal transfer of land and to bind lenders and borrowers to the
terms of fair loan agreements. Most often typewriters or even word
processors are used, but the completed documents are not stored
electronically. Also, during the process of generating the necessary
documents, much of the data is repeated throughout the documents.
Such repetition wastes time and is prone to human error.
Some companies have developed more sophisticated methods of preparing
mortgage documents and handling the data needed for this process.
For example, EDS.TM. (Electronic Data Systems Corp.) have developed
what they call the Accelerated Closing and Delivery Services (ACDS).
This system is designed to handle and transfer mortgage closing
data, while reducing or even eliminated the amount of paper needed
for a mortgage closing. Using this system, a lender, attorney or
other mortgage facilitator will scan, fax or transfer the hand written
or typed completed application papers to the company (EDS). The
company processes and compiles the information from the application
papers and generates electronic versions of the closing documents.
Before or during a closing, a facilitator can access ACDS by modem
or dedicated phone line to review this information. This system
is accessed using a computer that is connected to the company's
electronic image repository. At the closing table, the parties can
visually inspect the closing documents displayed on a computer monitor.
What is more, ACDS uses well-known signature digitizer pads to add
party signatures to the closing documents. Hard copies of all documents
can then be generated or the parties can be given a computer diskette,
which contains the visual image of the closing documents. However,
even the most advanced systems, like ACDS, while reducing some redundancies
of data input and the amount of paper used in finalizing closing
documents, do not provide many tools needed to facilitate real estate
transactions for the professionals that work in this industry.
SUMMARY OF THE INVENTION
In accordance with the present invention there is presented a method
and system for preparing and managing real estate transfers and
financing. This includes a system for preparation, production and
storage of relevant documentation and the data contained therein;
a system for coordinating, reconciling and transferring funds; and
a system of analyzing and tracking the progress of numerous real
estate transactions.
One of the key elements to the invention uses a customized computer
database to input and store information, which minimizes the redundancy
involved in the preparation of all documentation needed for real
estate closings. The input can be done manually, or through electronic
data transfer methods. The information stored in this customized
computer database relates primarily to that which is required to
transfer or finance real estate, but also includes customer information
required from financial institutions and government agencies for
various real property transactions and applications. This information
is then used by the method and system disclosed herein to generate
the documentation necessary for a desired real estate transaction,
while eliminating redundancy during the inputting of such information.
This system can be designed or maintained to contain all standard
forms used by relevant financial institutions and government agencies.
Thus, virtually every necessary document needed for a binding transaction
involving the transfer or financing of real estate can be generated
using this system.
In accordance with another aspect of the present invention, by
electronically storing more than just the images of the closing
documents, much of the information contained therein can be used
by the attorneys, lenders and other professionals using this system
to maintain useful client information. This retained information
can then reduce the amount of data needed if the same client returns
for other services. Also, the professional as a marketing tool or
for promotional material can use this information.
In accordance with another aspect of the present invention, a signature
digitizer pad or electronic signature pen can be used as part of
the instant invention. Such a pad or pen translates a user's signature
into a digital image or file, which can then be stored, reproduced
and manipulated like any other digital computer image or file. A
user, signs his or her name using this device that either requires
a special pad with a pen shaped object or a special pen. The signature
can then be reproduced on legal documents generated by this system.
In accordance with another aspect of the present invention, ancillary
documentation can be scanned, using a standard electronic document-scanning
device, and the digital image combined with other customer data
and documentation. Copies or images of these ancillary documents
can then be stored or transferred electronically. Thus a "closing
package" can be compiled which contains electronic versions
of virtually any document needed for closing a real estate transaction.
In accordance with another aspect of the present invention, the
electronic storage of the above mentioned data and images could
facilitate their transfer or delivery to the appropriate parties,
institutions or agencies before or during a real estate closing.
This data and images can be transferred using secure means of electronic
communications, such as a dedicated phone line, a virtual private
communications network or even the Internet, if proper security
precautions are taken (i.e., the use of encryption software). Such
transfers can take place as part of the delivery of a loan/loan
portfolio to a lender or other institution. Also, the transfers
can take place in order to facilitate a closing that involves parties
physically located in separate facilities or locations.
In accordance with another aspect of the present invention, the
present method and system includes scheduling features for coordinating
a real estate closing and for improving the efficiency of handling
multiple closings. Very often professionals that host real estate
closings coordinate a plurality of such transaction within the same
day or week. The instant invention includes a calendar and scheduling
system for reserving facilities to accommodate the parties. This
scheduling and coordinating feature can be used to send reminders
or notifications to all the parties and can be used by the host
to more efficiently schedule such events.
In accordance with yet another aspect of the instant invention,
by using electronic communications to transfer data and information
relating to a real estate closing, the information needed to accurately
calculate and reconcile the exact amount of funds being transferred
between parties can be obtained quickly and easily. This is another
benefit of inputting and maintaining all relevant data in electronic
form. In the same way that e-mail has increased speed and efficiency
in transferring text messages for businesses and the general public,
the instant system can transmit or receive financial information
in order to efficiently reconcile funds. What is more, by knowing
the amounts needed to close on a real estate transaction, the instant
method and system provides a reconciliation and check writing feature
that can automatically draft all checks needed to finalize the closing.
Also, the system can accommodate releasing specified funds on different
days in order to accommodate a lender or other party. This too can
expedite and facilitate the entire real estate closing process and
is accomplished through electronic communications with the banks
holding such funds.
The transfer of data can occur into the system (i.e., import data)
or out of the system (i.e., export data. Using Mortgage Banking
Association standards, including Extensible Markup Language (XML),
data and sets of particular information can be exchanged electronically.
Such a common language allows various types of software and new
technologies to communicate, while still understanding the content
of documents and the related information being transmitted. XML
establishes a structure for the information exchanged (i.e., words,
pictures, signatures, etc.) and some indication of what role that
information plays in the document being transmitted. The instant
invention uses such standards to import and export documents and
data electronically. Such document and data transfers can take place
over a global communications network such as the Internet or any
other means of electronic data transfer.
In accordance with even another aspect of the instant invention,
the database portion of this method and system can be used to provide
complete management reporting to the professionals using it. Customized
reports can be generated based on any and all data maintained. Whether
it be accounting, outstanding items, work-flow, or any other information,
a professional using this method and system could track and report
various aspects of this business. Also, as this method and system
stores its information electronically, such reports could be transmitted
to remote locations using any means of electronic communications,
BRIEF DESCRIPTION OF THE DRAWINGS
Those and other objects and advantages of the present invention
will become more apparent by referring to the following detailed
description and accompanying drawings in which:
FIG. 1 is an illustration of an initial computer screen from which
a real estate professional can choose what aspect of the instant
system he wants to use.
FIG. 2 is an illustration of the Setup System Preferences screen.
FIG. 3 is an illustration of the Bank Database screen.
FIG. 4 is an illustration of the Bank Checking Accounts screen.
FIG. 5 is an illustration of the Investor Database screen.
FIG. 6 is an illustration of the Warehouse Database screen.
FIG. 7 is an illustration of the Sub-Servicer Database screen.
FIG. 8 is an illustration of the Set-up Employee screen.
FIG. 9 is an illustration of the Set-up Schedule screen.
FIG. 10 is an illustration of the Add/Update a File screen.
FIG. 11 is an illustration of the Borrower screen.
FIG. 12 is an illustration of the Seller screen.
FIG. 13 is an illustration of the Loan screen.
FIG. 14 is an illustration of the Property screen.
FIG. 15 is an illustration of the Title screen.
FIG. 16 is an illustration of the Closing Schedule screen.
FIG. 17 is an illustration of the Check Information screen.
FIG. 18 is an illustration of the Funding screen.
FIG. 19 is an illustration of the HUD-1, page 1 screen.
FIG. 20 is an illustration of the HUD-1, page 2 screen.
FIG. 21 is an illustration of the HUD-1, form.
FIG. 22 is an illustration of the Aggregate screen.
FIG. 23 is an illustration of the Truth In Lending form.
FIG. 24 is an illustration of the Post-Closing screen.
FIG. 25 is an illustration of the ELD/EDD screen.
FIG. 26 is an illustration of the Document Selection/Transmition
screen.
FIG. 27 is an illustration of the Tracking and Reporting screen.
FIG. 28 is an illustration of the Accounting Miscellaneous screen.
FIG. 29 is an illustration of the Ordering More Closings screen.
DETAILED DESCRIPTION
The preferred embodiment of the invention uses a computer software
package to facilitate and enable the primary features of the instant
invention. The software includes a basic word processing program
such as Microsoft Word.RTM., a database program such as Microsoft
Access.RTM., Fox Pro.RTM. or a Visual Basic.RTM., and a system for
providing data entry, such as computer terminals with keyboards,
document scanners, and a digital signature device. Real estate professionals,
such as attorneys, settlement agents, title companies and financial
institutions will primarily use this method and system.
I. Introduction
With reference to the embodiment illustrated in FIG. 1, the anticipated
software package provides an opening screen. As with most screens
described herein, navigation is done using well known point and
"click" features that are common to Windows.RTM. based
software. The "Add/Update a File" button 100 is generally
the starting point for a new file. As soon as a file is received,
information from that file should be input to the system. This button
is also selected when file information must be changed or updated.
The "Schedule a Closing" button 200 uses the scheduling
features of the instant invention to reserve a time and place for
the closing to take place. The "Tracking and Reporting"
button 300 allows a user to keep track of what closings are taking
place on a particular date or in a particular location. Also, this
button is used to check information relating to the funding or financing
involved in a particular file. Other data tracking features are
accessed through this button as will be discussed below. When a
user is ready to generate a hard copy of the real estate closing
documents, this feature would also be used. The "Setup System
Preferences" button 400 is used to setup the system with the
most basic information regarding the company or real estate professional
using the software. This feature is also used for updating the system
with basic information regarding other companies and professionals
that are commonly involved in real estate transactions. Finally,
the "exit" button 999 is used once a user wishes to shut
down the software program described herein. Other standard Windows.RTM.
type features can be seen along both the top and bottom of the screen
shown in FIG. 1.
FIG. 2 illustrates the screen that is displayed when the "Setup
System Preferences" button 400 from FIG. 1 is selected. Prior
to using the software described herein for real estate transactions,
a user must setup several supporting databases, which are indicated
in FIG. 2. The "Order More Closings" button 410 can be
selected to update the system to enable and allow additional closing
transaction. A licensee of the instant invention will be provided
a code to enter, which allows a set amount of transactions or closing
to be entered in the system. In order to enter additional transactions
or closings, the licensee must re-subscribe or renew the licensee.
After renewal, the licensee will be given a new code, which allows
more closings to be entered using the system. The database of the
instant invention contains embedded codes which correlate to the
codes given to licensee's, thus they will act as a key to the system.
The "Bank Database" button 420 should be selected when
setting up lender information. The "Bank Checking Account"
button 430 is used to setup checking accounts from which funds can
be drawn. The "Investor Database" button 440 is used to
setup mortgage investor information. The "Warehouse Database"
button 450 is used to setup warehouse bank information. Large institutional
lenders generally have "cash on-hand" to fund loans they
close. Smaller lenders will typically "borrow" the monies
required to fund a closing loan from warehouse lenders, at least
until the loan is purchased by a mortgage investor. The "Sub-Servicer
Database" button 460 is used to enter information relating
to all individuals or entities that are not considered mortgage
banks, mortgage investors or warehouse banks. Examples of Sub-Servicers
are attorneys, title companies, mortgage brokers and real estate
brokers. The "Set-up Employees" button 470 is used to
setup employee designations, such as job titles or duties and is
used for setting up passwords that will be used throughout the system.
The "Set-up Schedules" button 480 is used to customize
the closing schedule screens described below. The "Set-up TIL
Programs" button 490 is used for entering loan program information
for the printing of a Truth in Lending form. Finally, a "back"
button 888 is provided which will take the user back to the previous
screen, which in this case is the Opening screen. The "back"
button 888 is seen in numerous other screens, unlike the exit button
999 that is only available on the Opening screen.
II. The System Set-up
FIG. 3 illustrates the screen that is displayed when the "Bank
Database" button is pressed on the Set-up System Preferences
screen discussed above. Normally, when a user gets to this screen
most of the fields are filled-in. In effect, all the fields on this
screen will contain information from the first bank whose information
is in the existing database. When a user wishes to select a different
bank they can use the Search Box 4215 to select a bank that has
been previously entered into the database. One can use the drop-down
arrow to select the other banks already in the database. If a desired
bank is not already in the database, the user can select "Add
New" button 4210 which, can be used to enter information for
a new bank. When the "Add New" button is selected, all
the fields visible on this screen will go blank allowing a user
to enter new data. The first section on this screen 4220 contains
the basic name, address and telephone number information relating
to a specific bank. The fields are somewhat self-explanatory so
that a user can enter information more easily and with little training.
The second section titled "Officer of Record Information"
4230 can be used to track information concerning the primary officer
or contact at a bank. The "Record and Return Information"
section 4240, "Assignment Information" section 4250, and
"Payment Information" section 4260 are self-explanatory
and are used to track specific information relating to the same
bank displayed in the first section 4220. Additionally, some of
the fees associated with a bank and its transactions can be listed
in the lower section 4270. The program even allows for three miscellaneous
field boxes 4275 for entering special fees that would be particular
to that banking institution. Finally, the Miscellaneous Information
Section 4280 is used to track other marketing and basic banking
information.
FIG. 4 is the Bank Checking Accounts screen. This screen is accessed
by clicking the "Bank Checking Account" button 430 on
the Set-up System Preferences screen (see FIG. 2). Once again as
with the previous screen, when a user first arrives at this screen
most of the fields should contain data relating to the first record
from the database. The information from the bank checking account
screen can be used in a mortgage closing for disbursing funds. A
feature that is discussed in more detail below is the check writing
ability of this invention. The Bank Checking Account fields contain
the critical information required to write checks. In other words,
this information can be used during a real estate closing to produce
the actual checks needed for the closing by both the buyers and
sellers. Approval must be obtained from any banking institutions
whose checks will be used in connection with this feature.
If a user wishes to search for a particular account that is available
within the program, he or she is able to click the down arrow on
the search field 4315 and select from the drop-down list. Once an
account is selected from the drop down list, it and its corresponding
information will appear in the fields on this screen. When a user
desires to create a new account, they can use the Add New button
4310 to clear all the fields and allow data input. The general bank
account information fields 4320 on this screen are used miscellaneous
bank account information. These fields must be completed if the
check writing capabilities were going to be used. Once set of fields
that is important to note is the Authorized Signor's fields 4330,
which are used to provide the user with a list of people who are
authorized to perform transactions from the bank account in question.
FIG. 5 illustrates a data screen that is used for showing mortgage
investor information. This screen is accessed by clicking the "Investor
Database" button 440 on the Set-up System Preferences screen
(see FIG. 2). During real estate transactions that involve a mortgage,
it is not uncommon for smaller mortgage bankers to sell their loans
to mortgage investors. In fact, most loans that are sponsored by
smaller mortgage companies are approved for purchase from mortgage
investors prior to the actual closing. Other than the basic information
fields 4420, this screen can contain important information relating
to assignment requirements, such as the requirements fields 4440
and 4460. A few blank requirements fields are included to allow
for unusual assignment requirements that a particular mortgage investor
might have. As these fields are subject to frequent change, it is
helpful to have last updated fields 4430 or 4450. Further, as with
previous screens an Add New button 4410 and a search field 4415
are provided to create new records and access already stored records.
Additionally, a promotions field 4470 is provided to track scheduled
contacts with these investors. Promotions can include cards or gifts
sent to the investor or even invitations to parties and other invents.
There are various methods used by mortgage bankers and lenders
to fund a loan and a small mortgage banker does not have to be used.
Larger mortgage bankers or lenders can also be used to finance a
loan. A large mortgage bank is one that typically has "cash-on-hand"
to fund a loan, whereas smaller mortgage banks need to "borrow"
the monies they use to fund a closing before it is purchased by
a mortgage investor. The small mortgage bankers typically "borrow"
their monies for this intermediate phase from what are referred
to as warehouse lenders. FIG. 6 shows a screen that can be used
to track information relating to such warehouse lenders. This screen
is accessed by clicking the "Warehouse Database" button
450 on the Set-up System Preferences screen (see FIG. 2).
In keeping with previous screen formats, an Add New button 4510
and Search field 4515 are provided to create new and edit existing
warehouse investor records. In addition to the general warehouse
investor information fields 4540, each such investor is provided
an identification number that is displayed in the Warehouse ID field
4520. Additionally, a Routing number field 4530 is provided for
reference during a loan closing. Finally, as above a promotions
field 4550 is also provided for warehouse investors.
There are numerous entities other than mortgage bankers, warehouse
lenders and investors that can be involved in real estate transactions.
All these other entities are referred to as Sub-Servicers. FIG.
7 illustrates the "Sub-Servicer Database" Screen and is
used to track information relating to these other entities such
as attorneys, title companies, mortgage brokers, real estate brokers
and others. This screen is accessed by clicking the "Sub-Servicer
Database" button 460 on the Set-up System Preferences screen
(see FIG. 2). As with other screens, the Sub-Servicer Information
Screen contains an Add New button 4610, a Search field with drop
down list 4615, general information fields 4640, promotions fields
4660 and even an identifying number field 4620. Additionally, this
screen can track tax identification numbers 4630 and includes a
field to indicate the type of Sub-Servicer, such as those mentioned
above.
Additionally, information relating to employees of the company
or organization using the software package envisioned by the instant
invention must also be maintained. This information, like that of
the other screens is important throughout the program when using
the drop down boxes that are available. Thus, as will be discussed
more fully below, when using the scheduling features of the instant
invention the drop down lists can be used to schedule employees
to handle numerous real estate closings. FIG. 8 is the Set-up Employee
screen and is accessed by clicking the "Set-up Employees"
button 470 on the Set-up System Preferences screen (see FIG. 2).
On this screen, the employee's name is entered in the name field
4720 and the type of duty they are capable of performing is selected
from the drop down box in the type field 4730. Similar to the previous
screens, there is an Add New button 4710, which allows information
regarding new employees to be entered. When a user wishes to delete
an employee from the database, they can click on the employee name
they wish to delete and then click the "Delete Record"
button 4715.
If a user intends on using the scheduling features of the instant
invention the Schedule Maintenance Screen must be used, see FIG.
9. This screen is accessed by clicking the "Set-up Schedule"
button 480 on the Set-up System Preferences screen (see FIG. 2).
This screen allows a user to define different schedules for each
location at which closings can be conducted. As with previous screens,
there is a Create New record button 4810 and a Search field 4815.
Otherwise, the screen should be rather straight forward in that
it provides the name of the selected schedule in a field 4820 and
a smaller spread sheet area containing columns for room or location
name information 4830 and rows for scheduling times 4840.
A company or institution using this software package may also want
to secure access to information contained in various parts of the
database disclosed herein. This can be done by using passwords to
secure those parts or screens of the database and can be done through
the Set-up Passwords screen. Clicking the "Set-up Passwords"
button on the Set-up System Preferences screen accesses this screen.
Although the "Set-up Passwords" button is not shown in
FIG. 2, it would be visible using the scroll-bar provided on the
Set-up System Preferences screen. This screen provides a screen
name field that shows a user all the screens that are available
to restrict access using a password (including the Set-up Passwords
screen). The scroll bar can be used to access the additional screen
names not immediately visible on this screen. The passwords must
be entered in the password field immediately below the corresponding
screen. Where no value is entered, no restrictions will be placed
on that screen and thus no password is required for that screen.
III. The File/Loan Information
Once a user has finished setting-up the system or is otherwise
ready to enter information relating to a particular closing they
can use the "Add/Update a File" button 100 found on the
Opening screen. FIG. 10 shows the Add/Update a File screen which
tracks each file with a control number and an associated name and
social security number. FIG. 10 also illustrates a varied embodiment
that uses, rather than a back button 888, uses a button 8880 which
performs the same feature but more clearly indicates to where or
what screen the user would go back. As with previous screens, there
is provided a search feature. This screen shows an additional alternate
embodiment that uses a Search button 1030 that leads to a small
pop-up window that can either use a drop list or more free form
blank search fields that are used to perform a textual search of
all records maintained. Various fields should be provided for a
free form blank search field search in order to allow a user different
ways to search for a particular file, in addition to just the control
number or name associated with the file. As with previous screens,
a New File button 1010 is provided to enter additional file names
and which will automatically generate a control number. Each file
uses one row 1050 on this screen with a unique Control number. Although
all files would be visible on this screen using the scroll bar,
a search feature is useful as a company or institution using this
software is likely to accumulate a large number of files that would
be tedious to scroll through in order to find a particular file.
Once a particular file is selected, either after using the Find
File button 1030 or by clicking on the desired record, that record
can be changed, viewed or updated using the Update File button 1040
or even deleted using the Delete File button 1015. The delete button
should contain a verification request before actually deleting a
record to avoid accidental deletions. Also, this delete button can
be restricted using the passwords discussed above. Further, the
delete button should not allow deletions of files or loans that
have already closed.
The Update File button 1040 is actually the primary button used
on the Add/Update a File screen as it provides access to numerous
other screens containing additional information relating to that
file. Also, until now the screens described above have dealt primarily
with general set-up of the system, where updating a file starts
to track information about a specific loan or real estate closing.
Once a file is selected and the Update File button 1040 is clicked,
a user will see the Borrower Information screen seen in FIG. 11.
Unlike previous screens, this screen now contains a button/tab system
for navigating the various information screens associated with a
particular file or loan. A user can go to each desired screen using
the navigation bar 1100, which includes a Back button 888 that leads
back to the Add/Update a File screen. The Borrower Information screen
is where the input for each borrower is done. The illustrated embodiment
allows for up to four (4) borrowers per loan, but providing for
either a greater or lesser number of borrowers is anticipated. Additionally,
this screen and most of the screens accessible on the navigation
bar 1100 contain a Conversations Log button 1110. This button allows
a user to maintain a log of telephone conversations conducted relating
to a particular file and most of the details from that conversation.
Most of the remaining fields on this screen are self-explanatory,
such as the general/main borrower information fields 1120 and the
co-borrower fields 1140. The Attorney Information fields should
be used to select an attorney, if any, being used by the borrower(s)
in a particular file. A drop down list is provided to select from
the attorneys previously entered in the Sub-Servicer Database screen.
The general attorney information fields 1130 will display data pertaining
to the selected attorney or law firm. If a desired attorney or law
firm is not already entered in the database, the Add button 1135
can be used to add attorneys or law firms to the database. Most
fields on this screen must be completed as they contain information
required for the closing documents. Just a few fields such as the
salutation or E-mail fields, though not required, can provide valuable
information throughout the closing process and with regard to post
closing marketing or promotions to these borrowers.
The Seller screen, seen in FIG. 12, is used for entering and viewing
information relating to the sellers involved in the selected file.
This screen contains analogous fields to those found on the Buyer
Information screen, including general seller information fields
1210, Attorney Information fields 1230 and 1235, and provides for
up to three co-sellers and information fields 1240 relating to them.
Providing for either fewer or greater co-sellers is anticipated.
It should be noted that the navigator bar 1100 does not display
a navigation button to the screen being displayed as this would
be unnecessary and reduces the amount of space available to display
the other navigation buttons.
The Loan screen, seen in FIG. 13, is used for entering and viewing
information relating to the loan involved in the selected file and
is one of the most extensive input screens. It should be noted that
FIG. 13 is a compilation of four views from the same screen with
each view comprising a different scroll bar position. The screen
allows quick reference to all the major components of the loan.
First in the General Loan Information fields 1320 & 1330, then
the Payment Information fields 1340, then the Adjustable Information
fields 1330, the Home Equity Information fields 1360, the Buy-down
Information fields 1370, and finally the MECA/Payoff Information
fields 1380. The initial fields in the General Information fields
1320 contain drop down lists to select an attorney, a bank, a broker
or an investor associated with a particular loan. As previously
mentioned in the Borrower Information Screen description above,
and in particular the Attorney Information fields 1135, Info and
Refresh buttons are provided to add or update information relating
to the respective lists. This screen demonstrates the usefulness
of entering that information ahead of time. What is more, this feature
prevents the redundant entry of this type of information since once
it is in the database; it only need be amended or selected. This
screen further displays the control number fields 1050 and 1310.
The control number fields 1310 reflect the selections made in the
General Information fields 1320. Further still, the loan Opening
Date, Status and Status Date fields 1315 are provided to track information
regarding when a money issue has been initiated, what the status
of the loan is and when that status was last posted.
The Property screen, seen in FIG. 14, is used for entering and
viewing information relating to the property associated with a selected
file. This screen also contains general information fields 1410.
Also, were a cooperative group or organization is involved, Co-op
Information fields 1420 are provided. Such groups or organizations
would be considered Sub-Servicers and could already be entered in
the database. If not already entered, Info and Refresh buttons 1425
are provided to update the database. Additionally, PUD (Planned
Urban Development) fields 1430 and a Condominium name field 1440
is provided for that information, if applicable.
The Title screen, seen in FIG. 15, is used for entering and viewing
information relating to the legal title to the property involved
in the selected file. The general title information fields 1520
track information relating to the receipt and review of the documentation
relating to legal title to the property and the documents generated
during the closing. Included in such information is a brief description
of the status of the title, such as "awaiting CO for the deck"
or "needs inspection by lender." Such information can
be used in generating reports as discussed more fully below. The
"Subs" button 1510 provides direct access to the Sub-Servicer
screen where assigned subservices are displayed, ie, homeowner,
flood and other insurance companies. Finally, any conditions to
passing legal title can be indicated in the Conditions fields 1530.
Those conditions can not only be described, but information as to
when the condition was imposed, whether it was met or received and
whether it is a condition that is required for the closing can be
entered. This information is also important in generating reports
as discussed more fully below.
The Closing Schedule screen, seen in FIG. 16, is used for selecting
and viewing when and where the closing will take place. The date
and location fields 1620 can be used to select that information.
Although any future date can be selected, only locations already
set-up in the database can be selected using the drop list provided.
By entering the control number in the desired room column 1631 the
other related fields 1630 will be automatically filled-in. It should
be noted that fields for the subsequent time slots for each room
1632 could be accessed using the scroll bar. This screen also provides
a schedule printout function through the print button 1610. Such
a printout can be provided to the parties as notification or a reminder
of the closing time and location. Further, the delete button 1615
can be used to clear all the information relating to a scheduled
closing for a particular file. This feature can be used if it is
desired to reschedule a closing.
The Check Information screen, seen in FIG. 17, is used for entering
and viewing information relating to the funds necessary for the
closing to take place and the checks that must be issued for that
event. Some of the information displayed on this screen is obtained
when the HUD-1 form/screen is completed, which is discussed further
below. By selecting the Closing Account ID from the drop down list
1710 the money fields 1730 are automatically filled-in. These numbers
can be edited, the checks printed (if proper approval has been received
for this by the issuing bank) and reports can be generated using
the check buttons 1720. In viewing the checks involved in a loan
and the totals required for the closing, this screen allows a user
to reconcile the entire funding of a loan. Net funded items and
items paid by a bank are input in the funding fields 1740. This
screen, when used in conjunction with the Funding screen discussed
in the next paragraph can ensure each closing has been funded properly.
Additionally, if funds are to be wired for the Borrower as opposed
to writing a check, the funds source check boxes 1750 can be used
to indicate such. When using one of the check boxes 1750 indicates
a wire transfer, an additional pop-up window 1760 will come up requesting
information regarding the wire transfer.
The Funding screen, seen in FIG. 18, is used for entering and viewing
information relating to the funding required for the closing for
a selected file. This screen is used to account for expenses, funds
required to close and actual funding deficiencies. A wire/funding
deficiency report can be generated using the Tracking and Reporting
features discussed below. This screen allows a user to attribute
a warehouse lender to the loan using the warehouse name field 1770
and the Info and Refresh fields 1775 if the required warehouse lender
is not already in the database. Additionally, amount needed for
mortgage taxes, assignment fees, broker premiums and other bank
expenses can be entered in the additional funding fields 1780.
The one government form that is required in all residential real
estate closings is the HUD-1, issued by the Department of Housing
and Urban Development. This form, page one of which is seen in FIG.
21, contains a basic breakdown of all the monies required from both
the buyers and sellers involved in a real estate transaction. FIG.
19 illustrates the first of two screens dedicated to entering HUD-1
information. FIG. 20 shows the second of the two HUD-1 screens.
These screens are designed to look and feel just like the actual
form. The information entered in the fields on these screens is
used to display information on various other screens, such as the
Checks and Funding screens. Once again, redundant input is eliminated
or minimized. If the HUD-1 cannot be initially completed using the
instant system, a blank HUD-1 form can be printed out using the
instant invention to allow manual entry of this data for subsequent
conversion to electronic form. Also, the instant invention anticipates
allowing for the input of electronic signatures so that the HUD-1
and other required forms could be truly completed by the closing
date completely in electronic form. The closing documentation is
more easily stored and transferred if it is entirely in electronic
form. As such, all such documentation can be stored on CD-ROM or
other electronic storage medium. Additionally, a package or loan
portfolio of these documents can be compiled and transmitted electronically
using a global communications network or other means of data transfer.
It should be noted that when viewing the HUD-1 pages one and two
screens (FIGS. 19 & 20) that the navigation bar 1105 is different
from the previously seen navigation bar 1100. In particular, access
to HUD-1 Page two screen is available from the HUD-1 Page one screen
and vise versa. Additionally, the Aggregate and Truth In Lending
screens are accessible only through the HUD-1 screens.
The Aggregate screen, seen in FIG. 22, is used for entering and
viewing the aggregate adjustment values required for the HUD-1 form.
Lines 1001 through 1009 from the HUD-1 include all aggregate adjustment
information. By entering information in the general HUD-1 requirements
fields 1860, the HUD-1 gets filled-in. The list 1870 found on the
lower section of this screen provides a ready reference as to a
description of the relevant HUD-1 line numbers.
Similar to the above mentioned Federally required HUD-1, financial
institutions are required to produce a completed Truth in Lending
form that must be reviewed and executed by a mortgagee for such
a loan to be binding on that mortgagee. FIG. 23 illustrates an example
of such a Truth in Lending form that can be generated. Other loan
information reports, such as amortization schedules, can also be
printed. All this information is compiled and organized using the
database of the instant invention.
After the closing it is important to track information regarding
the documents involved in the closing, such as the documents sent
for recording, the progress of the loan and any final document information.
FIG. 24 illustrates the Post-Closing screen, which tracks this type
of information. The file location field 1910 is provided to track
the physical location of the major part of the file associated with
a particular loan. This screen anticipates the ability to deliver
completed copies of the closing documents electronically. The ELD/EDD
button 1915 would be used to make such electronic transmissions
of documents. Much of the other information fields, is very important
for tracking and reporting of information relating to a file. The
shipping information field 1920, the closing conditions field 1930,
the final document information field 1940, the problem information
field 1950 and the recording information field 1960 all are just
such fields.
FIG. 25 illustrates the screen that is displayed when the ELD/EDD
button 1915 is clicked on the Post-Closing screen. The Electronic
Loan/Document Delivery screen is used to electronically transmit
closing documents to various warehouses, lenders, investors and
other institutions. Additionally, this screen can be provided with
features for importing data or even documents from various sources.
In this way Seller, Borrower, Property or even Loan information
can be entered into the system while reducing the redundancy and
problems of data input. This data transfer can take place using
a global communications network such as the Internet or any other
means of electronic communication. Alternatively, the Add/Update
a File screen could provide access to this import/export data feature.
FIG. 26 shows the Print screen (also referred to as the Document
Generation/Transmition screen). This screen is accessed from the
navigation bar 1100, and is used to generate final document sets
containing a complete loan portfolio along with any ancillary scanned
documents and documents that have electronically integrated signatures.
The Tracking and Reporting screen, seen in FIG. 27 is used for
generating reports relating to accounting, production and workflow.
It is anticipated that these reports can be of various formats so
as to display the data entered in all the fields discussed above.
The databases used in the instant invention provide for selective
sorting and filtering of the desired data so as to provide the ability
to truly generate custom tailored reports. The screen shown in FIG.
27, illustrates particular management reports or analysis screens
that assist in maintaining higher levels of productivity in conducting
real estate transactions.
As is seen in FIG. 27, the information being tracked or analyzed
is broken down into three categories; accounting, production and
work flow. The accounting section refers almost entirely to the
funds transferred between parties during a real estate transaction.
The production section is a catch-all section that relates to the
outstanding items or details of real estate transactions that must
be followed-up on and reviewed. The work flow section refers to
the handling of numerous real estate transactions being performed
by more than just a few of real estate professionals, or Closers.
With respect to the accounting section, the Check Register button
leads to screens and not reports that display information relating
to the checks issued to cover the payments associated with a closing.
These payments include not only the payment to the seller, but also
numerous other payments such as various taxes, insurance and other
fees. Virtually, any payment that needs to be made in order to close
the transaction can be made through the system. Most commonly, these
payments include mortgage, title, flood and homeowner's insurance;
recording and real estate taxes; appraisal, broker, attorney and
other professional fees.
The Disbursement Report button generates reports that track the
funds that need to be disbursed and on what dates. This is necessary
not only because numerous checks are being issued, but also because
very often the funds for one closing are disbursed on more than
one day. This is common, as many lenders required a waiting period
before funds will be released, due to a buyer's right of rescission
for a number of days after the closing.
The Wire/Funding Deficiency button generates reports that track
the amounts of money being disbursed, through check writing, versus
the amount of money funded by the lender. Although these numbers
should be the same, they are more often not. This happens because
of the many last minute adjustments and because lenders sometimes
hold back a portion of the funds until after the right of rescission
period. Since the borrower needs the money at the closing, the system
can issue all the needed funds and then track that deficiency until
the lender releases the additional funds. Another reason for this
imbalance of funds is that prior to the closing, the calculated
loan amount is just an estimate.
The Accounting Miscellaneous screen, seen in FIG. 28 is used as
a catchall for additional information that needs to be maintained
throughout this process. Customized reports, such as "Pat's
Hanover Report" can be accessed through this screen. Such a
customized report can contain organized information relating to
any of the fields of information collected by this instant system
in all the previously mentioned screens. The "Over/Under"
button can generate a deficiency report that is similar to the "Wire/Funding
Deficiency" button discussed above. Since it is in a report
format, the information can be presented differently. In other words,
the "Over/Under" report is presented in an accounting
format. The Attorney Fees Collected" button can generate a
report that shows what attorneys fees were paid. The "Positive
pay" buttons, generates a report for the licensee of the method
and system of the instant invention, which is electronically sent
to financial institutions. These reports indicate what checks were
electronically generated during the transactions of the instant
invention for each particular financial institution issuing such
checks. Since more than one check writing account can be maintained
with each financial institution, it is anticipated that all accounts
relating to one particular financial institution will be transmitted
simultaneously. The financial institutions would match these reports
with their records of checks cleared for transactions from the licensee
sending the report. As can be seen in FIG. 28, buttons can be designated
for particular financial institutions. Alternatively, one button
can be provided, which leads to another screen where the financial
institution can be selected. All data transfers should be done electronically
to minimize redundant data entry, as is a general theme of the instant
invention.
The first set of reports within the Production section is the "Management
Reports." These reports are designed for managers to track
information organized by financial institution, real estate brokers,
scheduling and the employees that schedule and participate in closing
loans. As is seen on the Management Reports screen, the reports
are listed. The different reports can be broken down into two sections;
the new business or closed loans. The new business reports all are
keyed or organized off of the date each file was opened or started.
The closed loans reports all are keyed off of the closing date for
the loan relating to each file. The "Banker" reports show
each borrower's name, listed in date order and organized by bank
(the bank or banker corresponds to the financial institution making
the loan to each borrower). The "Sum" report is an abbreviated
version of the earlier report, only providing the number of transactions
involving each bank, broker or scheduler. The "Broker"
and "Scheduler" reports are similar to the "Banker"
reports, but organized by real estate broker and the scheduler (the
persons scheduling the closings), respectively.
The "Scheduler Reports" button (located back on the Tracking
and Reporting screen) leads to a group of reports that show the
status of loans and real estate transactions, but organizes the
information according to Bank, Broker and Scheduler. Additionally,
other screens, such as the Scheduler Reports screen can be provided
to show reports for tracking Bank and specific loan officer inventory
(i.e., loans). Although not shown, a button could be added to generate
a report that tracks inventory or loans, organized by broker. These
reports differ from the Management Reports in that they are limited
to active files.
The "Post Closing Reports" button leads to a group of
reports relating to information regarding the closed loans and anything
that needs to done after the closing. The "Shipping Report"
provides information about the physical transfer of the hardcopy
files, including the negotiable instrument (the loan note), which
makes up the loan. Since the notes are sent to warehouse lenders,
under cover of bailee letter, their transfer must be documented
and tracked. The "Final Doc Report" lists any documents
requested, but not available at the closing. Such unavailable documents
include but are not limited to homeowner's or flood insurance policies
or other documents required for passing of the title to the property.
The "Problem Reports" relate to similar information as
the Final Doc Report, but tracks information across all closings,
as opposed to a single closing. These reports are designed to assist
management in determining what areas or parts of the loan closing
procedure need to be improved. These reports can reveal items missed
by a closer, HUD-1's that need to be redone, unassigned or missing
documents and even misspellings or typographical errors made on
documents that need to be corrected. The Open and Closed versions
of these reports related to open and closed files.
The "Recording Report" shows assignments, deeds and mortgages
that have been filed with the county clerk. Currently, it is required
that these filings be physically done at the local county clerk's
office. It is anticipated, that in the near future, such filings
can be done electronically, either to the local county clerk or
to a national repository for such electronic documents.
The "Client Reports" button is dedicated to customized
reports required or requested by particular lending institutions
or other clients. These reports can contain virtually any information
contained within the database of the instant invention.
The "Archive Closed Files" button allows maintenance
of the database, in that closed files can be taken off the list
of active files. This process, known as archiving, will impact reports
that address only active files. The archiving is done by closing
date, so that any files closed on or before the entered date will
be archived.
The final section relates to Work Flow. The names to these reports
explain their contents. Basically, the "Closing Schedule"
shows a schedule or outline of all closings set to take place. The
"Scheduler for Closers" organizes the Closing Schedule
report by the closer (the individual managing that actual closing).
This report provides the same as the information available on the
Closing Schedule Screen. The "Print Closing Screen" report
will print the Closing Schedule Screen directly.
Finally, the Ordering More Closings screen, seen in FIG. 29 is
used to limit the number of mortgage closings that can be performed
by users of the instant system and method. It is anticipated that
the database and software package will be licensed for a limited
number of uses. A licensee, after paying an agreed upon fee, will
be given a new User Code 4100 and Refill Code 4110 which will provide
a set amount of additional transactions. Once entered, a user would
click Go 4120 and the system will be reset. It is further anticipated
that programs can differentiate the types of codes that could be
given and entered to reset the system in order to allow customers
varied amounts of additional transactions, depending on their license
agreement.
Thus it is apparent that there has been provided in accordance
with the invention that fully satisfies the objects, aims and advantages
set forth above. While the invention has been described in conjunction
with specific embodiments thereof, it is evident that many alternatives,
modifications and variations will be apparent to those skilled in
the art in light of the foregoing description. Accordingly, it is
intended to embrace all such alternatives, modifications and variations
as fall within the spirit and broad scope of the invention. |