19.4.1.5 Submission of Closing Documents

A. Draft Submissions. Lender’s Counsel must submit two (2) complete sets of the draft closing package, one to the RC Director and the other to the HUD Closing Attorney.

1. Lender’s draft submission must include all documents required by the Firm Commitment and applicable closing checklist, including documents previously submitted as part of an early legal review, and excepting those time-sensitive items for which later submission is expressly permitted (e.g., current status certificates).

2. Lender’s submission must include clean versions of the HUD form closing documents and redlines of those drafts compared against the OMB-approved forms, together with the non-form documents required by the applicable checklist. See Section 19.1.2 and Section 19.1.3, supra, for HUD’s closing review standards and procedures.

B. Closing Docket Submission . Lender’s Counsel must ensure that the Closing Docket submitted to the HUD Closing Attorney at closing is consistent with the draft submission(s) previously reviewed and approved by the HUD Closing Attorney and the RC Director, and that no modifications to the closing documents (form and non-form) have been made without the HUD Closing Attorney’s actual knowledge and prior approval.

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Chapter 19 Closing Guide 19.4 Document and Diligence Requirements

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C. Exhibit of Document Changes. The Request for Endorsement of Credit Instrument (form HUD92455M), and Lender’s Certificate (form HUD-92434M), require Lender to certify that the final closing documents submitted to HUD (with the exception of the Opinion of Borrower’s Counsel) conform to the OMB-approved forms , and that those documents have not been “changed or modified in any manner except as specifically identified and approved by HUD as evidenced by the attached Exhibit.” The exhibit must include an itemized list of changes to the OMB-form documents, excluding filled-in information, deletion of inapplicable bracketed language, changes for state addenda and riders already approved by HUD, and selection of alternatives.