When it comes to dates and terms of an escrow transaction, it is common to misunderstand the terms used when discussing the steps in an escrow. The escrow closing occurs between the time a seller accepts the purchase agreement and the buyer gets the keys to the new home. Such terms as the date of signing, funding, closing of escrow, recording, and disbursement are often used throughout the process of an escrow transaction. Below are the terms and their intended meanings.
Signing is the date all parties sign all of the documents. Generally, the Sellers and Buyers sign at different times, so more than one signing date may apply.
Funding is the date the lender sends loan proceeds to escrow or when the Buyers deliver good funds if they are paying cash for the transaction.
Closing of escrow (often abbreviated as COE) is the date agreed to in the written contract between the Seller and Buyer or any extension or amendments made thereafter.
Recording is the date a transaction is recorded with the county to transfer the real property from the Sellers to the Buyers. The deed is recorded along with any deed of trust or lien placed on the property, for the benefit of the lender which has loaned money to the Buyer for the purchase of the property.
Disbursement of funds occurs once all necessary documents have been recorded.
Many times several of the dates occur in quick succession of each other. If the Buyers are being financed by a lender, escrow will receive the loan documents, arrange for the parties to come in and sign all closing and loan documents, submit the signed documents to the lender for approval, receive the funds, obtain funding approval from the lender to record, and disburse the funds to the Seller and any other parties to be paid. The ultimate goal is for the closing to occur within the time period set and agreed to by the contract entered into by the Buyer and Seller. Contact your Escrow Officer at Title Security Agency for assistance in determining the process for your particular transaction. You can find a list and their contact information by clicking the following link: Escrow DirectoryRead More
Good customer service is the lifeblood of our industry. Good customer service is reflected in the number of repeat customers a company has. The essence of all good customer service is to form relationships with customers and to be effective in communicating and receiving information to and from everyone involved. Here at Title Security Agency we strive to have great relationships with our customers, both new and repeating!
We have found that we are able to offer exceptional customer service more readily if we have as much information about the customer up front upon opening of a transaction. The more information we get up front, all the better! In our business we are often dealing with people and entities, some of whom may have the same last names. Having our customers supply us with the full legal name and marital status of the parties is very helpful. When dealing with a seller that is an entity, the full legal name of the entity along with the type of entity and where it may be filed or incorporated is a great deal of help. When researching a property our company uses the parties information to conduct the most thorough search and to both eliminate and incorporate requirements in our title commitments. The more information we have relative to the entities or persons, the greater accuracy there will be in the title commitments that are issued and the subsequent documents that all parties prepare for the closing of the transaction.
Including the email addresses, mailing addresses and phone numbers for all parties to the transaction affords everyone involved in the transaction the benefit of prompt communication. Prompt communication during a real estate transaction is essential, one can never have too many means by which to reach the parties.
Any time you execute a contract check it over and see if your contract contains:
- Full names of parties/entities – including marital status or entity information;
- Email addresses, phone numbers, mailing addresses of all parties to the contract;
- Legible information – whenever possible please print or if available use a computer and type in all information.
From the desk of Vivian Boggie, Executive Vice President & COO:
I am excited to announce today that Title Security Agency has agreed to form a joint venture with First American Title Company, with the transaction expecting to close by May 1, 2014. Title Security Agency’s wholly owned subsidiary, Landmark Title Assurance Agency – Tucson Division, will also become part of the joint venture.
The new company will be called Title Security Agency, LLC, and we will now be part of one locally owned and managed company that will serve customers participating in all types of residential and commercial real estate transactions in Tucson, Green Valley and Casa Grande. The new company will offer you a stronger leadership team, 170 talented employees, 20 office locations, greater financial strength, and more advanced tools and technologies.
I will serve as President and CEO of Title Security Agency. You can expect business to continue as usual, with even more benefits that we can now offer you, our valued customer. Our team and I look forward to working with you for many years to come.
Bruce Jacobs will serve as Executive Vice President & Chief Operating Officer of Title Security Agency, LLC
If you have any questions about our new company, please let me know.
Executive Vice President & COO
Office: (520) 885-1600
Direct: (520) 618-7412
Fax: (520) 258-7640
When dealing with an international customer, they should consult with their Title Security Agency escrow officer as to the acceptance of funds via personal check or outgoing wire procedures due to our NEW company policy.
Incoming wires are always accepted, this NEW Title Security Agency policy is only involving outgoing wires, and incoming personal checks, cashier’s checks & money orders – that are subject to clearing by the international bank and can take up to 8 weeks for clearingRead More
Why does my refinance need Title Insurance?
When you refinance, you still keep your Owner’s Policy from your purchase, but Lenders will require a new title search and Loan Policy to protect their lien holder position in the property.
Even if your home was recently purchased, there are still issues that could arise with the title due to mechanics liens, unpaid judgments, or tax liens. Perhaps easements have recently been created. All of these items may affect the use of the property, or otherwise “encumber” the title.
Whether you are purchasing a new or existing home, or refinancing, title insurance provides an underwriting service to mortgage lenders to ensure the borrower has clear ownership rights to the property, free and clear of any other claims to ownership. Strong underwriting protects consumers, and title insurance fulfills a key part of this due diligence.
Title Security Agency of Arizona is here to assist you and your lender whenever title insurance is needed.Read More
What information is found in the Title Commitment?
Upon opening escrow and the completion of the title search, you will receive a Commitment for Title Insurance, and copies of those matters as disclosed in Schedule B Section 2-Exceptions
(NOTE: If you do not receive these documents with the Commitment for Title Insurance, request them from your Escrow Officer).
The Commitment for Title Insurance has three schedules: Schedule A and Schedule B Section 1-Requirements and Schedule B Section 2-Exceptions. Below is a brief description of some of the matters reflected in the referenced schedules.
- Effective Date of Commitment. (The date through which the records of the County Recorder have been searched.)
- Proposed Owners Policy to be issued, the amount of coverage (sales price) and the proposed insured (Buyer).
- Proposed Loan Policy (if applicable) to be issued, the amount of coverage (loan amount) and the proposed insured (Lender).
- Type of Interest to be insured in subject property (In most cases this will be Fee).
- Legal Description of the property to be insured.
Schedule B Section 1-Requirements
- Payment of delinquent real and personal property taxes, if any.
- Payment of Homeowners Association transfer fees and charges.
- Payoff and recordation of a release of any loans, judgments and/or liens affecting title to the subject property.
- Recordation of a release of any previously paid liens that have not yet been released of record.
- Recordation of corrective documents as may be determined through the examination of the title.
- Request for authority documents of a legal entity that may be involved in the transaction (i.e corporate resolution, LLC operating agreement, trust agreement).
- Recordation of document(s) transferring title to buyer. (Deed)
- Recordation of lenders security document. (Deed of Trust)
Schedule B Section 2-Exceptions
The matters reflected in this section affect the title to the real property. You will take title “Subject To” these matters of record (i.e. easements, right of ways, covenants, conditions and restrictions, homeowners association, taxing districts, well agreements, road maintenance agreements).
You should review these documents with your real estate agent and/or legal advisor.Read More
· Lot Dimensions
· Private and public utility easements
· “No access” easements
· Designated water provider
· Private and public streets
· Recorder’s sequence #’s for additional research documents like CC&Rs and permits
Many of the Title Commitment “Schedule B” items (the items the buyer is taking “Subject to”) may be found in the Dedication, the General Notes, and the Keynotes/Legend) sections of the subdivision Plat Map.
The plat map is included with the Title Commitment, and copies can also be obtained from our Property Research Department.Read More
All Contracts ratified on or after 11/17/2013 will be subject to the “Buyer Select” closing agent program. The Buyer will now get to choose their own Title Company. HUD will no longer pay for the escrow fee, which now will be a Buyer expense. This is stated from BLB Resources “Buyer Select Closing Agent Addendum”. Item #5 of the HUD 9548/ Sales Contract form, has HUD either providing seller credits for financing and closing costs, or in some cases they do not pay anything, except recordation of the Deed.
As part of the contract process, HUD will have your Escrow Officer sign a “HUD-Closing Instructions and Certification” and sign and initial their “Attention Escrow” documents. These forms require a State License number and HUD ID # (or Title ID #). Contact your Title Security Agency Escrow Officer and they can provide you with both. A complete list of our Escrow Officers can be found here.Read More
Please make sure lines 258-264 of the Purchase Contract are filled out as specifically as possible.
Example: Suppose the contract is silent on Line 262, and Line 263 just has a dollar amount of $600.00 to be paid by the seller. Does this mean the buyer’s agent can tack on as many extras as it would take to reach $600.00?
The words “at a cost not to exceed” mean that the seller has agreed to pay for the stated coverage only. If there is no optional coverage on the contract, then the seller has agreed to pay for a standard warranty policy and nothing more.
Do note – your Escrow Officer cannot order the home warranty for the transaction.Read More