• Who may hold escrow?
• Is escrow impartial?
• What are the escrow instructions?
• What does each party do?
• When does the escrow close?
• Who is charged for what?

Who may hold escrow?

The escrow holder may be any disinterested third party (although some states require that certain escrow holders be licensed).

There are two important reasons for selecting an established, independent escrow firm, an attorney, or an escrow officer with a bank, S & L or title insurance company. One is that real estate transactions require a tremendous amount of technical experience and knowledge to handle smoothly. The other is that the escrow holder will generally be responsible for safeguarding and properly distributing the purchase price.

Escrow officers with established firms generally are experienced and trained in real estate procedures, title insurance, taxes, deeds and insurance.

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Is escrow impartial?

An escrow officer must remain completely impartial throughout the entire escrow 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.

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What are escrow instructions?

Escrow instructions are written documents, signed by the parties giving them, which direct the escrow officer in the specific steps to be completed so the escrow can be closed.

Typical instructions would include:

• The method by which the escrow holder is to receive and hold the purchase price to be paid by the buyer.
• The conditions under which a lapse of time or breach of purchase contract provision will terminate the escrow without a closing.
• The instruction and authorization to the escrow holder to disburse funds for recording fees, title insurance policy, real estate commissions, and any other closing costs incurred through escrow.
• Instructions as to the proration of insurance and taxes.
• Instructions to the escrow holder on the payment of prior liens and charges against the property and distribution of the net sale proceeds.

Since the escrow holder can only follow the instructions as stated, and may not exceed them, it is extremely important that the instructions be stated clearly and be complete in all details.

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What does each party do?

The seller:

• Deposits the executed deed to the buyer with the escrow holder.
• Deposits evidence of pest inspection and any required repair work.
• Deposits other required documents such as tax receipts, addresses of mortgage holders, insurance policies, equipment warranties or home warranty contracts, etc.

The Buyer:

• Deposits the funds required, in addition to any borrowed funds, to pay the purchase price with the escrow holder.
• Deposits funds sufficient for home and title insurance.
• Arranges for any borrowed funds to be delivered to the escrow holder.
• Deposits any deed of trust or mortgages necessary to secure loans.
• Approves any inspection reports, the Preliminary Report for title insurance, etc. called for by the purchase and sale agreements.
• Fulfills any other conditions specified in the escrow instructions.

The Lender: (if applicable)

• Deposits proceeds of the loan to the purchaser.
• Directs the escrow holder on conditions under which the loan funds may be used.

The Escrow Holder:

• Opens the order for title insurance.
• Obtains approvals from the buyer on the Preliminary Report, pest and other inspections.
• Receives funds from the buyer and /or any lender.
• Prorates insurance, taxes, rents, etc.
• Disburses funds for title insurance, recording fees, real estate commissions, lien clearance, etc.
• Prepares a final statement for each party, indicating amounts to be disbursed for services and any further amounts necessary to close escrow.
• Records deed and loan documents, delivers the deed to the buyer, loan documents to the lender and funds to the seller, closing the escrow.

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When does the escrow close?

Once all the terms and conditions of the instructions of both parties have been fulfilled, and all closing conditions satisfied, the escrow is closed and the safe and accurate transfer of property and money has been accomplished.

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Who is charged for what?

The method of dividing the charges for the services performed through escrow or as a result of escrow varies from place to place. The fees and service charges to be divided might include, for example, the title insurance policy premium, escrow fee, any transfer taxes, recording fees and cost in connection with any loan being obtained. Unless there is some special agreement between the buyer and seller as to how these charges are to be paid, local custom will generally be followed in drafting the instructions to the escrow holder as to how they are to be divided.

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