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Understanding an Escrow
Escrow is an arrangement in which a neutral third party (the escrow agent) assembles and processes all of the components of a real estate transaction (including legal documents), records the transaction, and ultimately, disburses funds according to the buyer’s and seller’s instructions.
Your transaction is typically closed by an escrow officer. People buying and selling real estate often open escrow for their protection and convenience. Both the buyer and seller rely on the escrow agent to carry out their mutually consistent instructions relating to the transaction and to advise them if any of their instructions are not mutually consistent or cannot be carried out. This saves much time and facilitates the closing of the transaction.
Typical Roles in the Escrow Process
- Delivers a fully executed purchase and sale agreement to the escrow agent.
- Executes the paperwork necessary to close the transaction.
- Deposits evidence of pest inspection and any required repair work, per the purchase and sale agreement.
- Deposits funds required to close (in addition to the purchase price) with the escrow agent.
- Approves any inspection reports, commitments for title insurance, or other items as called for by the purchase and sale agreement.
- Fulfills any other conditions specified in the escrow instructions.
- Deposits proceeds of the loan.
- Directs the escrow agent of the conditions under which the loan funds maybe used.
The Escrow Officer
- Obtains the order for title insurance.
- Change approvals from the buyer(s) on pest inspection, the commitment for title insurance, and any other inspections that are called for by the purchase and sale agreement.
- Obtains any required payoffs/release documents to clear title.
- Receives funds from the buyer and/or lender.
- In most cases, prepares vesting document and excise tax affidavit on seller’s behalf.
- Prorates insurance, taxes, rents, etc.
- Prepares a final statement(often referred to as the HUD statement for settlement statement) for each party, indicating a amounts paid in conjunction with the closing of your transaction.
- Oversees the signing of your loan documents.
- Forwards deed to the county for recording.
- Once the proper documents have been recorded, the escrow agent will disburse and distribute funds to the proper parties.
Responsibilities of the Escrow Officer
- Process and coordinate the full of documents and funds.
- Keep all parties informed of progress to the escrow.
- Respond to the lender’s requirements.
- Oversee signing loan/closing documents.
- Obtain approvals of reports and documents from the parties as required.
- Prorate and adjust insurance, taxes, rents, etc.
- Record the deed and loan documents.
- Prepare a final statement outlining funds received and to be dispersed in conjunction with your transaction.
Escrow is the process that assembles and processes all of the components of a real estate transaction. The transaction is officially closed when the new deed is recorded, thus transferring ownership from seller to the buyer. The escrow agent is a neutral third-party acting on behalf of the buyer and seller under the guidelines set forth by the insurance commissioner.
Courtesy of Fidelity National Title