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What is the escrow company's role?
An escrow holder is a
neutral third party who follows the written
instructions of those who are a party to the escrow
(i.e. the buyer, seller, lender, and brokers.
While an escrow holder does not give advice or
'protect' any party, they will make sure that your
mutual instructions are followed.
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Will my escrow close on time?
Your escrow officer
will watch the scheduled closing date carefully, and
get all of the documents and procedures within
escrow's control in line for closing on time.
However, it is often the timing of the buyer's loan,
or the timeliness of the parties' signatures and/or
availability, which dictates the actual closing
date.
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What if a contingency is
not approved?
If either buyer or
seller disapproves a contingency of the escrow, they
should notify their broker and the escrow holder in
writing as soon as possible, keeping in mind the
"contingency dates." The escrow holder will advise
all parties of the disapproval, and will await the
further instructions of the parties before
proceeding further with the escrow process.
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If the buyer wants to
cancel, what happens to the initial deposit?
Both buyer and seller
will need to provide mutual, written instructions to
the escrow holder as to the disposition of the funds
on deposit. Once agreed, the funds will be
disbursed, less any escrow fees.
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What happens if the buyer
and seller can't agree on an issue?
If the parties cannot
agree on an issue and/or are disputing the
disposition of the funds on deposit, the escrow
holder may elect to file an interpleader action,
which would ask the court to decide on the
disposition of funds. This rarely occurs, and
usually only when there appears to be no hope of a
resolution.
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The buyer got loan approval
today- can they sign the documents tomorrow?
Once loan approval is
announced, there may be a few conditions that the
lender will need from the buyer, or escrow, before
preparing loan documents. This may take a day or
two. Once loan documents are prepared, they are sent
via messenger, FedEx, or e-mail to the escrow
holder. Depending on the day's schedule, escrow will
then take 1-2 hours to "prep" your loan docs, and
call you in for an appointment to sign.
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When does the buyer put their
money in to close?
By cashier's check, 2
business days prior to the close of escrow, or via
wire transfer 1 business day prior to the close of
escrow.
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What happens after the loan
documents are signed?
After you have signed
your docs and leave the escrow office, your escrow
officer will spend 1-2 hours getting your loan docs
returned to the lender - by messenger or FedEx. The
escrow holder then waits until your lender is ready
to fund - usually between 24 and 72 hours after they
have received the signed loan docs. In the meantime,
your escrow holder will be receiving your funds and
attending to any final details of your escrow.
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What happens at the close of
escrow?
The day before
closing, your lender will "fund" your loan by wire
transfer to the title company. After calculating the
funding figures and final audit of your file, the
escrow holder will authorize recording, or closing,
for the next business day. On the closing day, the
title company will provide your escrow officer with
final title charges and forward the balance of the
lenders funds by wire. When the wire is received,
your file is balanced and the seller's funds (and
any other checks) are available mid-afternoon.
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Does anything ever prevent an
escrow from closing?
Most escrows run a
smooth course and close on time, or very close to
their scheduled close date. Though rare, things like
a lien on title that the seller can't or won't clear
- or the buyer's inability to obtain a loan, would
be reasons to prevent the close of escrow.
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