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Escrow is a process that evolved to ensure protection for all parties to a real estate transaction.  A "neutral third party" or "stakeholder" was nominated to hold the funds until the purchaser received appropriate assurance that the property had been transferred.  An escrow may also be created for other purchases, although it is most commonly used during the transfer of real estate.  Today the escrow is overseen by an escrow officer employed by an independent escrow company or title company.  All parties are protected because the escrow holder will retain funds and document until all of the instructions are fulled.

Escrow Process

An escrow is created when money and/or documents are deposited with the escrow officer.  The escrow Officer's authority is strictly governed by written instructions, mutually agreed upon by the parties involved.  The instructioins direct the escrow holder to perform duties necessary to complete the transaction. 

A few of the tasks which may be required are:

  • Receive and deposit earnest money
  • Order information for payoff of existing liens
  • Calculate and/or prorate taxes, liens, interest, rents and insurance policies
  • Make arrangements for title insurance protectioin for the buyer and lender
  • Prepare and/or receive documents relating to the escrow
  • Request and receive documents relating to the escrow
  • Request and receive funidng from new lender when conditions have been satisfied
  • Arrange for recordiing of the conveyance documents and any other legal instrucments required totransfer title to the property prusuant to the terms of the purchase agreement
  • Close the escrow and disburse funds as agreed  upon in the instructions
  • Prepare a closing statement for the parties showing disposition of funds

Definition of "Escrow" from Black's Law Dictionary:  A writing, deed, money, stock or other property delivered by the grantor, promissor or obligor into the hands of a third person, to be held by the latter until the happening of a contingency or performan of a conditioin, and then by him delivered to the grantee, promissee or obligee.  A system of document transfer iin which a deed, bond or funds is delivered to a third person to hold unitil all conditions ina contract are fulfilled.

Fun Fact:   Escrow practices evolved from English common law.  The word "escrow" is actually dereived from the Middle English (12th to 15th century) word for "scroll", on which all of the escrow instructions and lists of properties were recorded.

ESCROW FLOWCHART

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 (*) any information relating to real estate for sale referenced in this video blog comes from the MLS. this information may reference real estate listing held by a brokerage firm other than the broker and/or agent providing this information.

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