What exactly is an Escrow?
In North Carolina, an escrow occurs when an attorney (also called an escrow holder) holds the documents and monies involved in a real estate transaction and ensures that all conditions of the transaction are met. Escrow also refers to a special account that a lender establishes to hold monthly installments from the borrower to cover property taxes and insurance.
What Does An Attorney (Escrow Holder) Do?
An escrow holder is a neutral third party who takes instructions based on the terms of the real estate transaction and, when necessary, the lender's requirements.
What Are The Duties Of The Attorney (Escrow Holder)?
- Receiving and holding all monies, instructions, and documents pertaining to the real estate transaction.
- Serving as the communication link and liaison between all parties.
- Requesting a preliminary title search to determine the condition of title to the property.
- Requesting a beneficiary statement or payoff demand from existing lenders.
- Holding inspection reports, deeds, and insurance documents.
- Complying with the lender's requirements in its instructions to escrow.
- Preparing or obtaining the grant deed.
- Prorating taxes, interest, insurance, rents, and other costs related to the property.
- Recording the deed and other documents.
- Requesting the title insurance policy.
- Closing the escrow according to the instructions of the buyer, seller, and lender.
- Disbursing funds as authorized by the instructions, including charges for real estate commissions, loan payoffs, title insurance, taxes, recording fees, and other costs.
- Preparing final statements of disposition of all funds.
Key terms and phrases commonly associated with escrow
- Escrow payment
- Funds that a mortgage servicer withdraws from a borrower's escrow account to pay property taxes and insurance
- Escrow analysis
- A lender's periodic examination of an escrow account to determine if the lender is withholding enough funds from a borrower's monthly mortgage payment to pay for expenses such as property taxes and insurance
- Back-to-back escrow
- Arrangements that an owner makes to oversee the sale of one property and the purchase of another at the same time, also known as a concurrent closing
- Escrow closing
- Occurs when all conditions of a real estate transaction are met and the title of the property is transferred to the buyer
- Escrow Company:
- A firm that acts as a neutral third party to ensure that all conditions that the buyer, seller, and lender establish in a real estate transaction are met