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The Functions of an Escrow

Buying or selling a home (or other piece of real property) usually involves the transfer of large sums of money. It is imperative that the transfer of these funds and related documents from one party to another be handled in a neutral, secure and knowledgeable manner. For the protection of buyer, seller and lender, the escrow process was developed.

As a buyer or seller, you want to be certain all conditions of sale have been met before property and money change hands. The technical definition of an escrow is a transaction where one party engaged in the sale, transfer or lease of real or personal property with another person delivers a written instrument, money or other items of value to a neutral third person, called an escrow agent or escrow holder. This third person holds the money or items for disbursement upon the happening of a specified event or the performance of a specified condition.

Simply stated, the escrow holder impartially carries out the written instructions given by the principals. This includes receiving funds and documents necessary to comply with those instructions, completing or obtaining required forms and handling final delivery of all items to the proper parties upon the successful completion of the escrow.

The escrow must be provided with the necessary information to close the transaction. This may include loan documents, tax statements, fire and other insurance policies, title insurance policies, terms of sale and any seller-assisted financing, and requests for payment for various services to be paid out of escrow funds.

If the transaction is dependent on arranging new financing, it is the buyer’s or the buyer’s agent’s responsibility to make the necessary arrangements. Documentation of the new loan agreement must be in the hands of the escrow holder before the transfer of property can take place. A real estate agent can help identify appropriate lending institutions.

When all the instructions in the escrow have been carried out, the closing can take place. At this time, all outstanding funds are collected and fees- such as title insurance premiums, real estate commissions, termite inspection charges- are paid. Title to the property is then transferred under the terms of the escrow instructions and appropriate title insurance is issued.

Payment of funds at the close of escrow should be in the form acceptable to the escrow, since out-of-town and personal checks can cause days of delay in processing the transaction.

The following items represent a typical list of what an escrow holder does and does not do:

THE ESCROW HOLDER:

  • serves as the neutral “stakeholder” and the communications link to all parties in the transaction;
  • prepares escrow instructions;
  • requests a preliminary title search to determine the present condition of title to the property;
  • requests a beneficiary’s statement if debt or obligation is to be taken over by the buyer;
  • complies with lender’s requirements, specified in the escrow agreement;
  • receives purchase funds from the buyer;
  • prepares or secures the deed or other documents related to escrow;
  • prorates taxes, interest, insurance and rents according to instructions;
  • secures releases of all contingencies or other conditions as imposed on any particular escrow;
  • records deeds and any other documents as instructed;
  • requests issuance of the title insurance policy;
  • closes escrow when all the instructions of buyer and seller have been carried out;
  • disburses funds as authorized by instructions, including charges for title insurance, recording fees, real estate commissions and loan payoffs;
  • prepares final statements for the parties accounting for the disposition of all funds deposited in escrow (these are useful in the preparation of tax returns).

THE ESCROW HOLDER DOES NOT:

  • offer legal advice;
  • negotiate the transaction;
  • offer investment advice.

Your local title company should be happy to provide additional information.

Article by CLTA

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SALLIE CHESTER, REALTOR®
EXIT Real Estate Consultants
5175 Sunset Blvd, Ste 3
Lexington, SC 29072
Phone: 803-707-8595
Fax:  803-358-0889
Email: salliechester@exitrec.com

Client Testimonials

We, of course, are very happy and blessed to have had Sallie sell our home. Her team is wonderful also. We highly recommend Sallie Chester!  Melissa B. ~June 2019
Sallie and her team were very helpful and 100% on top of the entire selling process of our condo. From our original meeting, Sallie gave us great advice on selling quickly and for a fair price. She worked tirelessly to negotiate terms with the buyers' agent about the conditions of the transaction and kept us up-to-date with any changes that had come about. We used Sallie to both purchase and sell our condo and I would be happy to recommend her to anyone buying or selling property in the Columbia area. I truly appreciated her expertise and persistence in everything she did. Joshua S. ~June 2019
Sallie was very professional and dependable in all of our dealings.  We appreciated her counsel and experience, and would recommend her highly. Karen and Eddie W. ~May 2019
We recently purchased a house in Harbour Watch, that we absolutely love, through Sallie Chester.  Our relationship with Sallie began with a get to know each other phone call where trust was soon established.  We then made the trip from Virginia to South Carolina to meet Sallie in person, and she showed us several lots and houses that weekend, one of which we ended up purchasing.  The purchase took longer than anticipated because it was initially contingent on the sale of our house in VA.  Sallie was extremely patient and responsive to all of our needs throughout the entire process.  Sallie is honest, hardworking and provides excellent customer service.  We highly recommend using her services. Ann and Barry N. ~February 2019
Sallie Chester was everything we could have hoped for in the sale of our house; very knowledgeable with good advice and with such a friendly attitude. I would highly recommend Sallie to anyone who is seriously wanting to sell or buy property on Lake Murray. Shirley and David S. ~February 2019
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