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Why Does the Law Care What Escrow Company I Use...and Does it Really Matter?

By
Services for Real Estate Pros with AZ Veteran Notary Services CA BRE 01444168

I just received an email from ReaLegal®, brought to me by the California Association of REALTORS® that an announcement of a form revision.

This post really did start off as a simple review of the form and changes that are now in effect.  Read the whole blog and find out that it is much more than that...

The REO Advisory (CAR form REO) has been updated to include the notice that Buyers of REO properties in the State of California (which include the Hemet - San Jacinto Valley, CA by default) that they are not required to purchase escrow services or title insurance from any particular company...let alone the company that the seller has previously mandated. 

The new law is called the "Buyer's Choice Act" that became effective on October 11th, 2009 - the day Governor Arnold Schwarzenegger signed it into law.  This new California law is for the convenience of buyers of residential property - up to four units.  Personally, I do not think it offers the buyers any type of protection and if anything will actually cause more harm.

From an economic point of view, if the seller is contracting with escrow and title companies for services and insurance - they are doing so on a wholesale level, which in turn reduces the closing costs for the buyers.

The real concern I have is if consumers start insisting on a any they may be dealing with one that has not developed an expertise in this very narrow niche.  I say this, because 2 years ago most of the escrow companies that helped me close my REO listings were relatively inexperienced when it came to working with REO's.  Today, without exception every REO Escrow we open is like a well oiled machine - it works like clock-work.  So "why fix what ain't broken?"  My Grandma used to ask me and it's a darn good question right now!


AGENTS EXCLUDED TOO

The other provision the buyers are informed of is that their AGENTS cannot require that a buyer use a particular escrow or title company...even if they have one in-house, as many do. 

By using an in-house escrow or title company you can be assured that the needs of the broker are met first and foremost and that this additional service is a huge profit center for them.  Hey, there is nothing wrong with profit.  In my opinion though, if a Broker is making money on the transaction and then possibly the loan, the escrow and maybe even an ownership interest in the title company than they need to cut some of their fees for the use of the full all-inclusive list of broker services.


CLOSING THOUGHT


I'm not saying this is right and I'm not saying it's wrong and I'm certainly not saying it has been done or that it will be done...but think about this...

A new bank-owned reo listing for a home for sale in San Jacinto is just listed in the MLS and it generates lots of excitement and multiple offers.

The bank considers all of the offers on all aspects of the offers, including price, length of escrow, down-payment, seller contributions, seller concessions and all of the other proposed terms...and narrows it down to two offers that stack up very evenly when looked at side by side...

EXCEPT one wants to use a local escrow affiliated with the buyer's broker that the seller has never done business with in the past and has no idea what their level of REO experience or their efficiency at processing and closing escrows on time and the other asks the seller to pick a company of their choice.

Remember now, the banks and asset managers, who are real people that put their pants on the same way you and I do, have formed relationships...even friendships with escrow officers and title reps that have gone above and beyond through the thick and thin of the last several years and now they get to decide on which offer to accept (remember all is equal).  Does it not make sense that the PERSON who makes this decision to ACCEPT YOUR OFFER may lean towards a PERSONAL BIAS and allow them to use the vendors of their choice?

So, for me and my team...when we represent a buyer in an REO transaction for a Hemet - San Jacinto Valley home for sale we will always defer to the sellers choice and be glad when we get our offers accepted.

Posted by

Until Next Time, Have a Blessed Day,

John Occhi, ePRO, REALTOR®
DRE Lic No: 01444168


ePro,John Occhi,www.johnocchi.com,realtor      Certified Probate Real Estate Specialist Logo Awarded to John OcchiFive Star Logo,Certification,REO,Five Star Institute     

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This blog and the contents written here is the intellectual property of John Occhi, Temecula - Murrieta, CA REALTOR® in the South West Riverside County region of the Inland Empire of Southern California.  The views and opinions expressed are just that - views and opinions of John Occhi and those who comment.  Please note that I am not an attorney or a tax professional and any time I discuss either topic, I suggest you consult with the proper professional for relevant assistance. 


I am proud to be a full time REALTOR® who is proud to be a contributing member of the ActiveRain community.

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Tim Lorenz
TIM LORENZ - Elite Home Sales Team - Mission Viejo, CA
949 874-2247

AGENTS cannot require that a buyer use a particular escrow or title company...even if they have one in-house. Yes that is true even if it saves them money. 

Nov 16, 2009 04:21 PM
Ralph Gorgoglione
Metro Life Homes - Palm Springs, CA
California and Hawaii Real Estate (310) 497-9407

I guess the law was written with the best intentions of not making the buyer feel like they are being monopolized and have the freedom to choose services if they like.

Nov 16, 2009 04:23 PM
Vickie Nagy
Coldwell Banker Residential Real Estate - Palm Springs, CA
Vickie Jean the Palm Springs Condo Queen

I presented a bank's counter to a buyer today, which included only 2 sheets of paper. One was a form of the Buyer's Choice Act that said buyers have option to select title and escrow of their choice. 2nd sheet was the counter which included verbiage to the tune of "Buyer agees to use title and escrow company selected by the seller.

Nov 16, 2009 04:25 PM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Tim,

You are right, agents have never had that right...but many sure do use it as a bargaining chip...how many escrows are opened after the agents talk between themselves with a conversation that goes like this..."OK, I'll ley you select Title and we'll use my escrow company".  It really has been about keeping our vendors happy for the most part.  I cannot remember a single transaction inthe last 5 years where a client was ever given any significant say in the matter...they just follow the lead of the agent.

John

Nov 16, 2009 05:05 PM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Ralph,

you thihk so...I think it has more to do with the special interests of the title and escrow community myself,  It's not like the consumers were complaining.  This is all inside heat.

John

Nov 16, 2009 05:07 PM
John Occhi
AZ Veteran Notary Services - Marana, AZ
Mobile Notary Public/Certified Loan Signing Agent

Vickie,

Now I have sent several of the first forms with counters...but have not yet seen the 2nd.

Nothing Surprises me anymore...

John

Nov 16, 2009 05:08 PM
Rosemary Brooks
BMC Real Estate - 209-910-3706 - Stockton, CA
The Mother & Daughter Realty Team

John I think it is just a matter of choice.  And it is also a matter of experiences.  I have worked with REOs and the escrow company was lousy, made mistakes that even someone with no escrow training or experience would make -- so its a matter of which one you get.

Having the transaction locally is important to some for alot of reason and I believe this is why this all started -- so many of the buyers questioned why they were having to work with a escrow company in PA and the property is in CA or why an escrow company in Southern CA when the property is in Northern CA -- in both all cases the procedures and requirements are worked different than the local escrow companies.

Usually the buyers will ask for the escrow company that we the agent like to use, unless the buyer has experience with a specific escrow company.

I also hate to see that the banks are shutting the local title companies out of a job by pushing all their business in one direction.  Just as they are sending all the REOs to a certain chosen few agents.

Nov 18, 2009 03:33 AM
Dave Roberts
Healdsburg Sotheby's International Realty - Healdsburg, CA

I'm very pleased the state has ended the monopoly power of the REO sellers. This is all about customer choice. Choose the seller's escrow firm if you want. Choose your wife's cousin's friend if you want. My job is to make sure they understand why one might be better or cheaper or more reliable than the other. I appreciate your comments on the well-oiled machine aspect of using someone familiar with the process. I've seen the flip side of that, the overworked, slow, and unpredictable captive escrow firm.

Nov 23, 2009 01:42 AM