| What is an Escrow? When opening an escrow the Buyer and Seller of a property establish terms and conditions for the transfer of ownership of that property. These terms and conditions are given to a third party known as the Escrow Holder. The Escrow Holder has the responsibility of seeing that the terms of the escrow are carried out. The escrow is an independent, neutral account, and the vehicle by which the mutual instructions of all parties to the transaction are complied with. How does the Escrow Process Work? The escrow is a depository for all monies, instructions, and documents necessary for the sale of your home. This includes the Buyer providing funds for a down payment with the Escrow Holder, and Seller depositing the Deed and any other necessary papers with the Escrow Holder. Prior to the close of escrow the Buyer deposits the funds required and agreed upon by the parties to the sale with the Escrow Holder. The Buyer instructs the Escrow Holder to deliver the money to the Seller when the Escrow Holder: 1) Record the deed and, 2) Delivers to the Buyer a policy of title insurance which shows title to the property vested in the name of the Buyer. The Escrow Holder is authorized to deliver the Deed to the Buyer when the Buyer has deposited the agreed upon purchase price and fulfilled any other conditions specified in the escrow instructions. The Escrow Holder effects the prorations and adjustments on any fire/hazard insurance, real estate taxes, rents, interest, etc, based on the escrow instructions of both parties. The Escrow Holder thus acts for both parties, and protects the interests of each within the authority of the escrow instructions. Escrow cannot be completed until the instructions have been satisfied and all parties have signed escrow documents. The escrow Holder takes instructions based on the terms of the Purchase Agreement and Lender's requirements. How do I Open an Escrow? Generally, the Buyer's Real Estate agent will open the escrow. As soon as you execute the Purchase Agreement, the Selling Agent will place the Buyer's initial deposit, if any, into the escrow account. What Information Will I Have to Provide? You may be asked to complete a Statement of Identity as part of the necessary paperwork. Due to the fact that many people have the same names; the Statement of Identity is used to identify the specific person in the transaction through such information as date of birth, social security number, etc... This information is kept confidential. What Do I Need to Do Before My appointment to Sign the Deed? All parties signing the documents must bring proper identification. Please bring either your valid driver's license, state identification card, or current passport with you to the escrow company. This item is needed to verify your identity by a notary public. This is a routine, but necessary step for your protection. When Do I Sign Escrow Instructions and Where Do I Do This? Generally, your escrow instructions are mailed to you. How Long is An Escrow? The length of an escrow is determined by the terms of the Purchase Agreement and can range from a few days to several months. An escrow often averages 60 to 90 days. What is "Close of Escrow"? An escrow closing is the culmination of the transaction. It signifies the legal transfer of title from the Seller to the Buyer. Generally, both the grant Deed and the Deed of Trust are recorded within one working day of the Escrow Holder's receipt of loan funds. This completes the transaction and signifies the "close of escrow." Once all conditions of the escrow have been satisfied, the Escrow Officer informs you or your agent of the date escrow will close, and takes care of the technical and financial details. Do I Continue to Pay My Monthly Mortgage Payment? Yes, Your mortgage payment(s) must be kept current throughout the course of the escrow transaction. If the payments are not kept current; the Lender(s) can/will assess and collect late charge(s). When and Where Do I Get My final Proceeds check? The proceeds check is disbursed upon close of escrow. This is when the Escrow Officer is able to verify with the County Records Offices that the documents have recorded and legal transfer has occurred. The proceeds check can then be delivered to your Real Estate Agent, or picked up from your Escrow Officer. |
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Seller's Escrow Guide
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