Life of an Escrow

An escrow is an arrangement in which a disinterested third party, called an escrow holder, holds legal documents and funds on behalf of a buyer and seller, and distributes them according to the buyer's and seller's instructions.

An escrow officer must remain completely impartial throughout the entire process. He or she will normally adopt a courteous but rather formal manner when dealing with parties to the escrow, keeping conversation to the matters at hand in the escrow. This formal behavior is meant for the benefit of all concerned, since the escrow officer must follow the instructions of both parties without bias.

The Birth

Receive purchase and sale agreement and/or loan setup.
Assign an escrow officer and escrow number.
Order a preliminary report.

Search and Review

Review purchase and sale agreement.
Review preliminary report.
Contract parties for needed information.

Hunt and Gather

Obtain payoffs on liens/bills to be paid through Escrow.
Obtain title clearing documents.
Receive loan documents from Lender.
Prepare settlement statement and documents.

Signing Ceremony

Set appointment with parties.
Parties deposit documents and/or funds into Escrow.

The Race

Loan documents returned to the Lender.
Recorable documents sent to Title.
Lender authorizes recording.
Title sends documents to county recorder.
Lender deposits loan proceeds.

Disbursements

All encumbrances and bills paid.
Proceeds delivered to seller.
Commission checks delivered to agents.
Mortgage Broker check delivered.

Home Stretch

Final copies to all parties.
Record reconveyances and releases.
Title policies to the parties.

In Summary

The escrow holder is responsible for:

Acting as the impartial "stakeholder" or depository of documents and funds.
Processing and coordinating the flow of documents and funds.
Keeping all parties informed of progress on the escrow.
Responding to the Lender's requirements.
Securing a title insurance policy.
Obtaining approvals of reports and documents from parties as required.
Prorating and adjusting insurance, taxes, rents etc.
Recording the deed and loan documents.
Maintaining security and accountability of monies owed and owing.


Glossary of Terms
Reasons to Use a Realtor When Buying a Home
Reasons to Use a Realtor When Selling a Home
What is Title Insurance and Why Do You Need It?
Eight Common Ways to Hold Title
Important Property Tax Dates and Information
"Tracking Your Score is About to Get Easier" (article from the "LA Times" 11/28/04)
"Given Up Hope in a Hot Market? There Are Deals." (article from the "LA Times" 1/9/05)
Tax Law Changes for Capital Gains and California Real Estate Witholdings
"Income Tax Time: Value Of Homeownership" (C.A.R. 4/8/05)




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