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Escrow opens when the buyer and seller
sign a sales contract, commonly called a real estate purchase agreement and
receipt of deposit. The contract, along with any additional instructions, serves
as instructions for the escrow officer.
Escrow assures that the lender releases
the home purchase funds at or about the same time that the deed is recorded to
reflect new ownership. Escrow
includes depositing, with a neutral third party, funds, documents and
instructions necessary to complete the transfer.
Because the real estate transaction
involves large sums of money and reams of documentation, escrow is not always a
predestined, step-by-step process, but can become a confusing end game of
details, nit picking and overlapping procedures. It requires preparation, attention to detail, and
desire from both sides to close the deal.
Regional custom will dictates who (the
buyer or the seller) chooses the neutral third party and who that third party
will be. A neutral third party can
be an escrow officer from an escrow company, someone from a title company or
from a title and escrow company. Some regional areas use title and escrow
attorneys. Custom and market conditions also dictate which escrow costs the
buyer or seller pays. The amount typically totals about 1 to 2 percent of the
cost of the home.
Choosing an escrow officer is much like
choosing any real estate professional. Get several referrals from trusted
people, then compare services, cost and convenience.
Your escrow officer opens escrow by
assigning your escrow an account number and collecting the contract and other
instructions, the buyer's deposit and perhaps additional proceeds or documents
related to the transaction. Deposits are either applied to the purchase price,
or returned should the deal fall through.
The buyer orders title insurance, to
protect him or her against blemishes on the title, and he or she orders a
preliminary title search to determine if there are any claims against the title.
The contract and escrow instructions
likely contain contingencies for home insurance, flood insurance, home
inspections, financing, repairs and other tasks either the buyer or seller must
complete before the transaction can progress. Each time a contingency is met,
the buyer or seller signs off with a contingency release form or letter copied
to all parties, including the escrow officer.
At some point, parties will receive a
preliminary title report which summarizes the condition of the title, including
easements and liens, claims and
encumbrances against the property. The seller must resolve any claims against
the title, or they could stall the deal.
The title company may check once again
and produce a final report to be sure existing claims have been removed and that
no claims have been filed since escrow opened.
Once the loan is funded, contingencies
are released, the title is cleared, the buyer inspects the property and decides
how to take title, only a few loose
ends must be tied before close of escrow.
Remaining paperwork to sign a few days
before close includes the buyer's grant deed, any final escrow instructions or
contingency releases, the settlement sheet of disbursements, title reports, the
deed of trust lender forms, inspection reports, tax statements -- and a rental
agreement if the seller will live in the home for some time after escrow
closes.
Escrow closes and the deal is sealed
when the escrow office records a new deed in the buyer’s name, the seller gets
paid for the home, and all other monies are disbursed.
Money may be held in escrow after the
close to pay contractors for unfinished work.
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