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It is NOT my job...

As an Escrow Officer, I run into daily requests for things that are NOT within my job description.

I already have a lot to do as an Escrow Holder. But over the years, in order to obtain more business from real estate agents and brokers, Escrow Officers have been taking on more and more responsibilities that are not within their duties. As a result, MOST not ALL, Real Estate Agents and/or Brokers have stopped doing their job and are getting lazier and lazier each day. Mind you, Real Estate Agents get paid at an average 3% to 6% commission off of the purchase price to represent a principal (Seller or Buyer) in a real estate transaction.

So why I ask, is it that we Escrow Officer's are asked to do their job? And why, as an Escrow Officer, would you overwhelm yourself with more duties that don't belong to you?

I get a call from a Listing Agent the other day, asking me for Property Disclosures, Home Warranty Plan, Residential City Report, Termite Report, and Retrofitting Information. I told him I wasn't in receipt of those items, not immediately knowing he was the listing agent. He says "Why? Why don't you have those items?", I say "Because, I haven't been provided with such items from the listing agent". He said "I am the listing agent, and what do you mean they haven't been provided to you? You were supposed to take care of that. That is part of your job!. The other escrow companies I use AlWAYS obtain that information for me!". Ok, if he would had said that nicely, I would've responded much nicer. So I respond with "Well, that is NOT my job. And honestly, I don't know WHY they do that for you if it is NOT their duty to order nor obtain that information. That is the reason why you get paid a nice commission through the file, to do that. That is YOUR responsibility and job to do, not mine. So go ahead and take care of ordering and obtaining that information and forward it to me when you get them or...you can have them sent to me directly and I'll make sure to deliver it to the Buyer for acknowledgement and approval of same". He was speechless for a second. Than says "You're Right, that is my job. I didn't mean to be out of line with you. I will take care of getting that for you". Well, well....lookie here, NOW that is his job.

In the past, in my early years in escrow, I took care of ordering and obtaining most of the information for my agents. Because that is what I had to do to obtain their business. But one day, I was so overwhelmed with my own duties that I finally said NO! What I started doing is reminding them on my cover sheets to make sure to provide me with that information, as I needed it prior to closing. And to the newest agents I got, I did the same. I stopped taking on more responsibilities and duties that weren't mine. Escrow IS NOT supposed to be ordering and obtaining these type of reports and disclosures. For years, they've been doing it as an accommodation. The Escrow Holder is limited to knowing the specifics of a property and if that information isn't provided to the companies that issued such reports/disclosures, well...guess who can be held liable for them? That's right! Escrow!

In an undisclosed settlement, a Buyer vs Chicago Title won a lawsuit because the Escrow Officer ordered a Home Warranty and forgot to disclose a small unit above the garage that wasn't covered under the Home Warranty Plan. So, to ALL Escrow Officers and/or assistants/escrow personnel, STOP! stop taking on more duties and responsibilities that don't belong to you.

Real Estate Agents and Brokers are getting too spoiled, while making big bucks to do almost anything. Don't get me wrong, I spoil my agents and I spoil them ALOT! but not in that sense. I spoil them with being responsive. Getting ALL their calls, e-mails, faxes and being available to them at ALL times. I spoil them with MY SERVICE. Not with doing their job. The way I see it, is if I can be held liable for something, than I just won't do it. I've worked too hard and too long to throw my career out the window, just like that. You can be sued financially also. Not just your company. Unless I earn millions in escrow, than bring it on!

Agents, in California, Escrow is only to comply with Section 28 of the California Residential Purchase Agreement and with our own Escrow Instructions. Please be a little more considerate of us. We work really hard day in and day out to coordinate your transaction for a smooth closing. WE ARE the head of the transaction and with no one cooperating on their end, we CAN'T proceed with a Closing. I think it is unfair, that we are the first ones to get the finger pointed to. WE wait on all of you to move. It's not the other way around. So be a good sport and HELP your Escrow Officer make your deal a smooth one.

Posted by Luisa Orellana, Escrow Officer, Camden Escrow on 07/07/2007 08:32 PM

Comments (18)

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18 Comments on It is NOT my job...

JUL

2007

I tell you what, the words "That is not my job" should not be in anyone's vocabulary in any real estate transaction. If you do work for lazy agents like that one, send him a written request for information and fax it to him daily for three days then to him and his broker daily after that. Instead of waiting for the other agent to call you with problems, you need to be proactive and ask the lazy ones to do their jobs and provide you with information you may need in the future.

Dan: Because I come across a lot of lazy people in a transaction, not only do I advise them in my initial cover sheet when they first receive escrow instructions of what I'll need to close, but I also give ALL parties weekly statuses of a glance of their file. The status states what I am in receipt of and what I still need from the respective parties. This particular agent called me because the Selling Agent advised him of my status sheet via e-mail. How he managed not to receive that status, I don't know. But everyone else did. Apparently, he felt I was at fault for not providing those items to the buyer, although he had my weekly status report. He said it was my job to take care of ordering and providing that. Well...that is not the case. On top of being on Top of my behind, I am also on Top of others. That's for sure. And that is...part of my job description. ;)

Hello, Luisa!

Sorry to hear about your experience. Quite honestly I've never heard of an agent expecting the title company/officer to provide the documentation that you mentioned. You're right, it's the agents' (both listing and buying) responsibility to deliver/fax them once the title search is ordered. It's customary to deliver all the documentation including termite report and home protection warranty (if any) as soon as possible to the title company, otherwise there will be a delay in closing.

The X% commission is split four ways (listing broker & agent, buying broker & agent), unless the listing agent is also the buying agent, then the split is two ways.

Keep standing up for yourself. Good post.

Yolanda: Thanks! I try. Southern California Real Estate Agents are too spoiled. Ever since the Real Estate Boom here, it seems Escrow is taking on more and more responsibilities that aren't ours. But what can I say, other than I can't feel sorry for those Escrow Officers that complain all the time about their job, if they can't simply just say no. I always had a hard time saying no to anything. But when one day, I almost collapsed because I was overworked and suffered from exhaustion, I said enough. Since than, I make sure just to advise what I need and stopped taking on such big tasks that don't belong to me. It just adds more to the pile of work I have.

Thanks for stopping by!

JUL

2007

Hey Luisa, I agree with you. There are more and more agents out there expecting everyone else to do their job. For example, buyer's agent wants listing agent to do their job, etc. I don't envy escrow officers. You have a very demanding job as it is. My expectation of the escrow officers that I work with is to communicate and keep me apprised of the status of paperwork and anything outstanding, to be on top of loan docs and let me know if there's a delay, to schedule signings with clients with hopefully more than a 1/2 an hours notice and to be responsive to my clients needs.

Great post as always! I miss you my friend. Hope to see you soon.

Irina: Thanks! Indeed, my job is demanding. As I have to deal with several parties in a transaction. The expectations for an Escrow Officer are high, as we are the head of the transaction. I am completely fine with keeping everyone in the line of communication. Because I strongly believe that communication is everything. And to be honest, your expectations should be just that. An Escrow Officer that is responsive and communicates is a Wonderful Escrow Officer. Unfortunately, I know some that have gotten buried with work that let themselves go. But once that happens, it takes a while for them to get back on track. I'm not very organized in my personal life, because I am spontaneous. But when it comes to my job, I am a perfectionist. And being two steps ahead of everyone is my goal.

Thanks for stopping by! Hope to meet you soon too! ;)

Personally, I think it is the agents responsibility to get all of the necessary documents to you and ALL parties just so the transaction will go smoothly. As an agent, we have those documents, the contract, the counters, the addendems, the termite letters, the home inspection, the repair proposals, the buyer's name and contact numbers, the seller's names and contact numbers, the listing agents name, the selling agents name and contact info and yes, it all fits nicely onto ONE form that has the mortgage company's name and contact, title company's name and contact etc., etc., etc., and an agent can use that form, the same exact form, once its filled out to fax to everyone invovled in the transaction, it just makes sense. I do have some mortgage companies and title companies that are as active as I am in making a deal happen, but it is a good practice to be proactive, give everyone everything they need because if the deal falls through, an agent has at least done their job and since agents are always at fault through the clients eyes no matter who's fault it is, an agent needs to cover ALL bases. I babysit my mortgage companies and title companies because sometimes it is necessary, it is just a habit I am in. So, all in all, the agent needs to do their job, we are paid a nice salary and to fax information such as this is one very simple thing to do.

Great post.. Luisa

Luisa, I am not surprised that you are a perfectionist! :-) It comes through in everything you do.

Hey, how about working in Pasadena? Wouldn't that be fun?

Luisa...

I would be quite happy if we could eliminate every one involved in our transactions except us. If we are going to do their job anyway it would easier to tell them to leave us alone and we will get the deal closed :)

As you can see I relate to this post. LOL.

TLW...ROAR!

JUL

2007

Sounds like you are a very hard worker and I am sorry you are having to deal with hard agents. Just remember, all agents and brokers aren't jerks - everyone is just working hard for their money - especially today! :-)

JUL

2007

Luisa I would love to work with you on a transaction. Not that I have not had good escrow support, but just the way you say you communication I know is something I like because I like the heads up and reminders and emails from escrow. Because sometimes we can get so busy or trying to make money with getting other works that we forget to have our ducks all lined up. A friendly reminder on a regular basis should help all involved.

I am appreciative of my escrow officers and I am always there to help in any way I can to make sure the transaction runs smoothly. I would never sit and wait for the escrow officer to do my job like your example. I am thinking maybe that was a new agent (I hope). And thanks to you have learned how to line up the ducks!

Thanks for sharing. And from my camp... escrow officers are invaluable. Keep posting and teaching us good practices. Keep up the good work.

JUL

2007

Sondra: Yup, I agree. Thanks for stopping by. :)

Matt: Thanks! ;)

Irina: Thank You! ;) I love Pasadena! I had a great time at Houston's last night.

TLW: LOL! Thanks for stopping by!

Sandra: I am, I am a very hard worker. And I don't take my job for granted. That's why I expect others to work just as hard. Thanks for the comments! ;)

Rosemary: Communication is everything! That makes or brakes a deal. And a friendly reminder is always welcomed. I know I tend to get busy sometime, and when someone reminds me of something I need to do, whether its there and than or a heads up, it is very much appreciated. That's why I go out of my way to be two steps ahead. It helps in the long run. Thanks for the kind words! :)

Luisa, I think your post is a great one. I see so many escrow officers burn out because they are supporting Realtors in a way that they really shouldn't legally. You could do all sorts of support functions for a Realtor with the best of intentions and then be rewarded with a reprimand (or worse) for committing a RESPA violation in doing so. You are so right. It would be nice for everyone to do the very best they can at their job. But it is important to establish boundaries as to what tasks are defined as each party's responsibilities and then stick to that plan. Unfortunately, with some people if you give an inch, they will expect a mile. It is an easy trap to get caught in.

JUL

2007

This is a great blog! Very well put! By the way, hope you are doing well.

AUG

2007

I hope you wont mind a comment from a "rural" Escrow Officer. I work in an office of 3 people. In addition to my closing responsibilities, I also issue commitments, TSG's, Litigation Guarantees and Policies of Title Insurance. On Fridays I do the weekly books. That said,..part of the problem with the "not my job issue" is that there is an escrow officer out there who will go beyond their job and fulfill unreasonable requests with the logic that it is necessary to keep the business. More than once I have had a real estate agent tell me that they will go elsewhere for closing services because they can get what they ask for. My response to them always is that we provide quality "closing" services and in order to maintain the quality of our closing services we simply dont have the time or the ability to go beyond "closing" services. We have lost some business because of this policy, but I think that in the end it is worth it because those same people who will ask you to do what their job really is, too easily throw you under the bus when something goes wrong. One agent I worked with failed to call their out of town client to let them know a closing had been re-scheduled. When they showed up in our office, after a three hour drive they were livid. When it came time to actually close they were thoroughly indignant with me for "causing" the problem as their agent had told them it had been my fault. The reason that closing was delayed,..the agent had failed to show up and let the appraiser in the house!

JUN

2008

Luisa,

You are absolutley right and unfortunately in this litigous society, you have to be concerned with your exposure. SERVICE is your job, not doing other's jobs. Good post.

One last thing that I forgot to say. In some ways, doing other's jobs limits your own neutrality which is a ket part that you have to play. remind them of that next time they ask.

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