Escrow - What It Is and How It Works

THE ESCROW HOLDER DOES:

  • Serve as the communication link to all parties in the transaction.
  • Prepare escrow instructions.
  • Request a preliminary title search to determine the basis upon which a title insurance policy may be issued.
  • Request a beneficiary's statement or payoff demand relating to existing financing.
  • Comply with lender's requirements, specified in escrow agreement.
  • Receive purchase funds from the buyer.
  • Prepare or secure the deed or other documents related to escrow.
  • Prorate taxes, interest, insurance, and rents according to instructions.
  • Secure releases of all contingencies or other conditions as imposed on any other particular escrow.
  • Records deeds and any other documents as instructed.
  • Request issuance of the title insurance policy.
  • Close escrow when all of the instructions of the buyer and seller have been carried out.
  • Disburse funds as authorized by instructions, including charges for title insurance, recording fees, real estate commission, and loan payoffs.
  • Prepare final statements for the parties accounting for the disposition of all funds deposited in escrow.

THE ESCROW OFFICER DOES NOT:

  • Offer legal advice
  • Negotiate the transaction.
  • Offer investment advice.

Published by the
California Escrow Association
925 L Street, Suite 390
Sacramento, CA 95814
(916) 325-0600