Why
Do I Need an Escrow?
Whether you are the buyer, seller, lender or borrower, you
want the assurance that no funds or property will change hands until
ALL of the instructions in the transaction have been followed. The escrow
holder has the obligation to safeguard the funds and/or documents while
they are in the possession of the escrow holder, and to disburse funds
and/or convey title only when all provisions of the escrow have been
complied with.
Escrow
– How Does it Work?
The principals to the escrow – buyer, seller, lender,
borrower – cause escrow instructions, most usually in writing,
to be created, signed and delivered to the escrow officer. If a broker
is involved, he will normally provide the escrow officer with the information
necessary for the preparation of your escrow instructions and documents.The
escrow officer will process the escrow, in accordance with the escrow
instructions, and when all conditions required in the escrow can be
met or achieved, the escrow will be "closed." Each escrow,
although following a similar pattern, will be different in some respects,
as it deals with your property and the transaction at hand. The
duties of an escrow holder include; following the instructions given
by the principals and parties to the transaction in a timely manner;
handling the funds and/or documents in accordance with the instruction;
paying all bills as authorized; responding to authorized requests from
the principals; closing the escrow only when all terms funds in accordance
with instructions and provide an accounting for same – the Closing
or Settlement Statement.
Who
Chooses the Escrow?
The selection of the escrow holder is normally done by agreement
between the principals. If a real estate broker is involved in the transaction,
the broker may recommend an escrow holder. However, it is the right
of the principals to use an escrow holder who is competent and who is
experienced in handling the type of escrow at hand. There are laws that
prohibit the payment of referral fees; this affords the consumer the
best possible escrow services without any compromise caused by a person
receiving a referral fee.
What Do I
have to do while in Escrow?
The key to any transaction as important as your sale, purchase or loan
is to read and understand your escrow instructions. If you do not understand
them, you should ask your escrow officer to explain the instructions.Your
escrow officer is not an attorney and cannot practice law; you should
consult your lawyer for legal advice. Do not expect your escrow officer
to advise you as to whether or not you have a "good deal"
or are doing things the right way. The escrow officer is there to follow
the instructions given by the principals in the escrow. In
order to expedite the closing of the escrow, you should check with your
escrow officer as to what specific items you could do to assist. Ask
the question – "What can I do to expedite the closing of
this escrow?" Respond
quickly to correspondence. This will assist in the timely closing of
the transaction. If
you are required to deliver funds into the escrow, make sure that you
provide "good" funds in the form required by the escrow officer.
Company procedures differ in this regard, and there are many ways you
can help at the time of closing; check with your escrow officer. Do
not give the escrow officer a personal check and expect the escrow to
close immediately; the escrow can only close on cleared funds, and the
processing of a personal check can take days, possibly even a week or
more.When
the escrow officer closes the escrow, some of you may want the closing
papers, checks, title policies, statements, etc. Made available immediately.
There are many aspects to the closing of the escrow, and some of these
cannot be processed on the day of the closing; they may take several
days. If you have a special need, for example, a cashier’s check
on the day of closing, you should communicate that need to the escrow
officer early in the processing of the escrow.