The Process

Escrow is an account held by a third party on behalf of two parties in a transaction. Because there are so many things that have to happen to complete a home sale, the best way to prevent either the seller or the buyer from getting ripped off is to have a neutral third party hold all the money and documents related to the transaction until everything has been settled. 

After a purchase and sale contract is signed between the buyer and seller and the initial escrow deposit is made by the buyer, the buyer's lender (if the transaction is being financed) or the buyer's real estate agent (if the transaction is a cash transaction) will submit a request for title to the closing attorney chosen by the buyer to start the process.

Typically, the buyer's lender or real estate agent will complete and send a one or two page form to the closing attorney which contains all of the relevant information related to the transaction such a party names, property description, purchase price, lender information and exiting mortgages. Most real estate attorneys also have pages on their websites where the buyer's lender or real estate agent can electronically complete and send in the request for title. The buyer's realtor will also typically send a copy of the signed purchase and sale agreement to the closing attorney at this point.

A title search and title insurance provide peace of mind and a legal safeguard so that when you buy a property, no one else can try to claim it as theirs later, be it a spurned relative who was left out of a will or a tax collector who wasn't (or thinks he wasn't) paid. A title officer will perform a title search to make sure there are no clouds on the title (third-party claims to a property that could call into question or invalidate your ownership of it). If there are, these problems will need to be resolved before the property becomes yours

The file processing stage includes ordering tax information that shows the status of current and prior years taxes, loan payoff statements, surveys, homeowner or condominium association estoppel letters showing maintenance fees and any assessments, inspection reports, and certificates evidencing hazard insurance.

In addition, at this stage the Florida real estate attorney orders the title search report from the title insurance underwriter and the lien and judgment search report from the lien search company.

During the title search phase of the transaction a thorough search is made of the public records in the county in Florida where the real property is located. Records searched and located include deeds, mortgages, lis pendens, judgments, easements, restrictive covenants, liens, divorce settlements and any other documents recorded in the public records which affect title to the property.

After all of the documents are located, the title insurance underwriter prepares a title search report, which includes all such documents and sends it to the closing attorney.

After the closing attorney receives the title search report from the title insurance underwriter, the title examination phase commences. The closing attorney will first issue a title commitment to the buyer (and if applicable, the lender) based upon the information contained in the title search report.

Next the closing attorney will examine all of the documents found during the title search that affect the title to the property in order to determine the current status of title and whether any title clouds exist which need to be cleared prior to closing. The closing attorney also verifies the record legal owner of the property and makes note of any debts owed against the property. 

 A home inspection is not required if buyer is not obtaining financing but is recommended. If you find a serious problem with the home during the inspection, you'll have an opportunity to back out of the deal or ask the seller to fix it or pay for you to have it fixed (as long as your purchase offer included a home-inspection contingency).  

 A pest inspection is separate from the home inspection and involves a specialist making sure that he home does not have any wood-destroying insects (termites or carpenter ants). You wouldn't want to buy a house with a termite problem, as even a small problem can spread and become very destructive and expensive to fix. Wood-destroying pests can be eliminated, but you'll want to make sure the problem can be resolved for a cost you find reasonable (or for a cost the seller is willing and able to pay) before you complete the purchase of the home. In fact, if any pest problem, even a minor one, is found, the mortgage company will require that it be fixed before you can close.  

 Even if the purchase offer has already been accepted, if inspections reveal any problems, you may want to renegotiate the home's purchase price to reflect the cost of any repairs you will need to make. You could also keep the purchase price the same but try to get the seller to pay for repairs. If the purchase contract states that you're purchasing the property "as is", you don't have much recourse to ask for repairs or a price reduction, but you can still ask. You can also still back out without penalty if a major problem is found that the seller can't or won't fix it.

If your offer is contingent upon several things: 

• The home inspection not revealing any major problems with the home 
• The seller fully disclosing any known problems with the home 
• The pest inspection not revealing any major infestations or damage to the home 
• The seller completing any agreed-upon repairs 

These contingencies often must be removed in writing by certain dates (known as active approval), which should also have been stated in your purchase offer, for your deal to close. However, in some purchase agreements, contingencies are passively approved (also known as constructive approval) if you don't protest them by their specified deadlines.

 

You most likely deposited earnest money when you signed the purchase agreement. The purpose of this money is to let the seller know that you are serious, or earnest, about your intentions to purchase the home. After all, the seller is going to take the property off the market so that you can purchase it. If you back out, the earnest money goes to the seller as compensation. If the seller backs out, the money is returned to you.
 

To complete your purchase, you'll have to deposit additional funds into escrow. Your original earnest money deposit is generally applied toward your down payment; you'll need to submit the rest of your down payment and pay your closing costs (unless the seller has agreed to pay them).  

 One of the last steps before your client signs the closing papers should be to walk through the property one last time. You want to make sure no damage has occurred and nothing has been removed that is included in the purchase. 

Obviously, one of the most critical steps of closing is signing the paperwork. There will probably be at least 25 pages. Although your client may feel pressured by the people who are waiting for you to sign your papers, like the notary and your mortgage lender, read each page carefully - the fine print will have a major impact on your finances and your life for years to come.