Escrow Process
The Buyer:
- The buyer makes an offer to purchase, accompanied by a good faith deposit amount.
- Approves and signs the escrow instructions and other related instruments required to complete the transaction.
- Approves the preliminary report and any property, disclosure or inspection report called by the purchase agreement.
- Schedules a home inspection and other necessary inspections such as pest, septic tank, roof, foundation foundation.
- Approves and signs new loan documents and fulfills any remaining conditions contained in the contract, lender's instructions and/or the escrow instructions.
- Deposits funds necessary to close the escrow. Approves any changes by signing amendments in the escrow instructions.
The Lender:
- Accepts the new loan application and other related documents from the Buyer and begins the qualification process.
- Orders and reviews the property appraisal, credit report, verification of employment, verification of deposits and preliminary report.
- Submits the entire package to the loan committee and/or underwriters for approval. When approved, loan conditions and title insurance requirements are established.
- Informs Home Buyer of loan approval terms, commitment expiration date and provides a good faith estimate of the closing costs.
- Deposits the new loan documents and instructions with the escrow holder for Home Buyer's approval and signature.
- Reviews and approves the executed loan package and coordinates the loan funding with the escrow officer.
The Escrow Officer:
- Receives an order for escrow and title services.
- Orders the preliminary report and examination on the subject property from the Title Company.
- Accepts documents and monies required to complete the transaction per written instructions of the principals.
- Prepares the escrow instructions and required documents in accordance with terms of the home sale.
- Orders demands on existing deeds of trust and liens or judgments.
- Reviews documents received in the escrow: preliminary report, payoff or assumption statements and new loan package.
- Reviews the conditions in the lender's instructions including the hazard and title insurance requirements.
- Presents the documents, statements, loan package, estimated closing statements and other related documents to the principal for approval and signature, and requests the balance of the buyer's funds.
- Reviews the proceeds of the loan from the lender.
- Determines when the transaction will be in the position to close and advises the parties.
- Assisted by title personnel, records the deed, deed of trust and other documents required to complete the transaction with the County Recorder and orders the title insurance policies.
- Closes the escrow by preparing the final settlement statements, disbursing the proceeds to the Seller, paying off the existing encumbrances and other obligations.
- Delivers the appropriate statements, funds and remaining documents to the principals, agents and/or lenders.
Title Company:
- Receives an order for title service.
- Examines the public records affecting the real property and issues a preliminary report.
- Determines the requirements and documents needed to complete the transaction and advises the escrow officer and/or agents.
- Reviews and approves the signed documents, releases and the order for title insurance, prior to the closing date.
- Records the signed documents with the County Recorder's office and prepares to issue the title insurance policies.
The Home Seller:
- Accepts Buyer's Offer to Purchase and initial good faith deposit to open escrow.
- Submits documents and information to escrow holder, such as addresses of lien holders, tax receipts, equipment warranties, home warranty contracts, any leases and/or rental agreements.
- Approves and signs the escrow instructions, grant deed and other related documents required to complete the transaction.
- Orders inspections, receives clearances and approves final reports and/or repairs to the property as required by the purchase agreement.
- Fulfills any remaining conditions specified in the contract and/or escrow instructions; approves the pay off demands and/or beneficiary's statements.
- Approves any final changes by signing amendments to the escrow instructions or contract.
Real Estate Agent:
- Coordinates all activities with the escrow company, lender, title company, buyer and seller.
- Oversees all transactional details.
- Ensures that all contractual deadlines are met and appropriate paperwork is submitted and communicated to all parties.
- Negotiates any requests for repairs and assists in obtaining estimates when necessary.
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