- Escrow is then notified by new
lender as to the date in which they are prepared
to fund. The loan amount in which the lender
will be funding to the escrow company is
also verified for final accounting.
- When all requirements are satisfied by new
lender, funds are issued and received by
escrow.
- Title then forwards documents to the County
Recorder to be officially recorded.
- Escrow is now closed, funds are disbursed
as instructed on loan documents and escrow
instructions
Sellers proceeds are
disbursed.
Any refund to buyer(borrower)
is disbursed.
Commission checks are
delivered.
Closing statements
are forwarded to all parties involved.
The Role of Escrow Service
and Title Insurance in the Purchase of a
Home
The escrow procedure and title insurance combine
to facilitate the legal transfer of property
and provide the buyer with protection against
claims resulting from the history of the property.
The title insurance company provides both title
insurance and escrow service.
What is Escrow?
The term “escrow” can be defined as putting something
into the hands of a “neutral third party”. When
buying or selling a home, the “something” is
the transfer of ownership of the property. The
“neutral third party” is the company chosen to
handle the transfer. In Sonoma County it is customary
that the buyer choose the title company.
How Does it Work?
The process begins when the purchase agreement
is signed by the buyers and sellers. The buyers
then make an “earnest money” deposit with the
title company to provide the escrow service and
title insurance. At this point the escrow is
considered to be opened. The escrow officer then
obtains all requirements and conditions of the
transaction from the principals and from the
lender if a loan is involved.
What is a Preliminary Title Report?
Also at this point, a preliminary report on the
property is ordered and produced. This report
is based on a search of the public records of
the county, such as the tax collector, county
recorder and assessor’s office. The report will
list any liens, taxes, easements, encumbrances
or title defects on the property found in the
search. These matters will be listed as exceptions
from the coverage of the title insurance policy
and will remain exceptions unless they can be
released or eliminated prior to the transfer
of ownership. A copy of the report will go to
the buyers, sellers, their agents and lender.
If the home being purchased does not include
real estate, such as a mobile home, no preliminary
report is issued as no land is involved.
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