ESCROW
INFORMATION
Escrow is "a deed, a
bond, money or a
piece of property
held in trust by a
third party to be
turned over to the
grantee only upon
fulfillment of a
condition," as
defined by Webster.
It exists to provide
confidentiality and
impartiality during
a real estate
transaction. Escrow
exists because
buyers, sellers and
lenders have a
personal stake in
the outcome of any
real estate
transaction. It is
important to have a
neutral party
ensuring that all
requirements for a
successful
transaction are met.
Escrow is this
neutral third party,
designed to assist
buyers, sellers and
lenders in meeting
all of the mutually
agreed upon terms
and conditions. The
escrow holder is
used as a
depository. Buyers
and sellers provide
funds, deeds,
inspection reports,
insurance
information and any
other related
documentation to
escrow. They then
give the escrow
officer written
instructions that
must be met prior to
completion of the
transaction
(recordation).
Escrow begins once a
buyer and seller
successfully
negotiate an offer.
Once the seller
accepts an offer,
the buyer deposits
earnest money into
escrow.
A title report is
ordered after escrow
is opened. This is a
search to ensure the
seller actually owns
the property in
question. The title
search exists to
determine if there
are any liens
against the
property. It also
looks to see if
there are any breaks
in the chain of
title.
Any applicable
financing is now
processed. After
obtaining loan
approval, the lender
prepares the loan
instructions and
documents, and sends
them to escrow.
Inspections are
completed and
insurance
information is
gathered and
processed. New
insurance policies
are set up for the
new owner (including
title insurance,
homeowner's
insurance, and any
other applicable or
desired coverage).
After inspections
and insurance have
been obtained, a
loan agreement has
been reached and a
title search has
been completed, the
next step begins.
The escrow officer
will review the file
to determine that
all contractual
conditions have been
met, the lender's
instructions have
been followed, and
all title
requirements have
been satisfied.
Closing
documentation is
then prepared.
Both buyer and
seller will sign all
related
documentation. The
buyer will then
submit all closing
funds into escrow
(although this can
also be done by the
seller or in
combination). The
lender deposits the
loan funds into the
escrow account.
Escrow then
authorizes the
release of
recording.
Documents are
recorded at the
county recorders
office. Funds are
disbursed in
accordance with the
Disclosure/Settlement
Statement, and the
final documentation
is forwarded to all
interested parties.
Escrow is then
deemed closed.