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Buying Basics – The Escrow Process

 

 

Escrow is defined by Webster's dictionary as "a deed, a bond, money or a piece of property held in trust by a third party to be turned over to the grantee only upon fulfillment of a condition." Escrow provides confidentiality and impartiality during a real estate transaction.

Buyers, sellers and lenders have a personal stake in the outcome of any real estate transaction. Escrow is a neutral third party designed to assist these three parties in meeting all of the mutually agreed upon terms and conditions required to successfully complete a real estate transaction.

The escrow holder is used as a depository. Both the buyer and the seller provide funds, deeds, inspection reports, insurance information and any other related documentation to the neutral third party. The buyer, seller and lender give the escrow officer written instructions that must be met prior to completion of the transaction. Doing so enables the escrow officer to save time in the closing process.

Once a buyer and seller successfully negotiate an offer, escrow begins. Once the seller accepts an offer, the buyer will then deposit the earnest money into escrow. Earnest money is typically 1% to 3% of the purchase price of the real estate property.

Once escrow is opened, a title report is ordered to ensure the seller actually owns the property in question, and to determine if there are any liens against the property.

At this time, any applicable financing is processed. Once loan approval is obtained, the loan instructions and documents are prepared and sent to escrow by the lender. Inspections are completed and insurance information is typically gathered and processed at this time. New insurance policies are then set up for the new owner. This includes title insurance, homeowner's insurance, and any other applicable or desired coverage.

Once inspections are completed and insurance has been obtained, a loan agreement has been reached, and a title search has been completed, the next step begins. The escrow officer will review the file to determine that all contractual conditions have been met, the lender's instructions have been followed, and all title requirements have been satisfied. The closing documentation is then prepared.

Both buyer and seller sign all related documentation at this time. The buyer (traditionally, although this can also be the seller or a combination of both parties) will then submit all closing funds into escrow. The loan funds are deposited into the escrow account by the lender. Escrow then authorizes the release of recording.

Documents are recorded at the county recorders office. Funds are disbursed in accordance with the Disclosure/Settlement Statement, and the final documentation is forwarded to all interested parties.
 
Escrow is then closed.

 
 

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Licensing Information  -  William Lyon Mortgage, LLC Licensing Disclosure
This is not an offer for extension of credit or a commitment to lend. Not all programs are available in all areas. Not all branches are licensed in every state, please contact your local office to determine eligibility. Program restrictions apply. William Lyon Mortgage, LLC is a Delaware Limited Liability Company headquartered at 4 Hutton Centre Drive, Suite 760, Santa Ana, CA 92707. Company NMLS #1189778 (www.nmlsconsumeraccess.org). Licensed by the following states: Arizona Mortgage Banker #0928369; Licensed by the Department of Business Oversight under the California Residential Mortgage Lending Act RMLA #41DBO-46049 and the California Financing Law License #60DBO-41418; Colorado Division of Real Estate under Mortgage Company Registration; Washington Consumer Loan License #CL1189778; Nevada Department of Business and Industry as Mortgage Broker License #4166. For State of Nevada residents William Lyon Mortgage, LLC is a mortgage lender broker promoting the loan products or services contained in this article; the business phone number that William Lyon Mortgage maintains on file with the State of Nevada Department of Business and Industry is (949) 476-5491. William Lyon Mortgage, LLC is an authorized FHA and VA lender, and offers many loan products. Contact a William Lyon Mortgage Representative to learn more. This information is accurate as of June 27th, 2018.
 
William Lyon Mortgage, LLC’s policy is to treat all applicants and borrowers in a fair and consistent manner and without regard to race, color, religion, national origin, age (provided the applicant or borrower has legal capacity to enter into a binding contract), sex, marital status, disability, familial status, receipt of public assistance, or exercise of rights under the Consumer Credit Protection Act, or any other prohibited basis identified under state law.
 
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