Earnest Money Notes Payable to Escrow - WHY?

Please do not make your promissory notes for earnest monemoney down the drain.jpgy payable to escrow/title, make the Note payable to the seller.

If the buyer backs out of the transaction and the seller seizes the note for compensation, what good will it do the seller if the Note is payable to your escrow or title company?

Remember that escrow is a Neutral Third Party - not a representative of either the buyer or the seller.  I have seen many, many notes payable to escrow and or title.  Thankfully none of these deals fell through - but in this market?  You can't assume anything.

Most escrows, including myself, are happy to hold the earnest money, but in the event of a dispute that isn't resolved within a reasonable period of time, escrow will always interpead the funds with the Registery of the Courts and cancel the escrow file. 

What have your experiences been?

http://www.linkedin.com/profile?viewProfile=&key=29712213&locale=en_US&trk=tab_proBooth Escrow's Fan Page on Facebook 

 
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