Escrow accounts are commonly used in Florida for various transactions, including real estate, business, and personal transactions. These accounts serve as a way to hold funds or documents until certain conditions are met, protecting both parties involved in the transaction.
Typically, the role of the escrow agent will be played by representatives from a title company, mortgage lender or an attorney, but it can depend on the laws and customs in your state.
In Florida, a licensed attorney can act as an escrow agent. However, just because an attorney holds property pursuant to a transaction does not necessarily mean they are an escrow agent. The key distinction is that an escrow agent operates under a valid—and legally binding—escrow agreement.
(a) The escrow account must be established in a Florida state-chartered bank, savings bank, or trust company, or a federal savings or thrift association, bank, savings bank, or trust company, which is acceptable to the office, or such funds must be deposited with the department and be kept and maintained in an account ...
What Is an Escrow Agent? An escrow agent is a person or entity that holds property in trust for third parties while a transaction is finalized or a disagreement is resolved. The role of escrow agent is often played by an attorney (or notary in civil law jurisdictions).
In the state of Florida, mortgage brokers are required to fill out a specific form pertaining to escrow accounts. This form is called the Mortgage Brokerage Escrow Deposit Register.
Keeping the Escrow Funds: A third-party will oversee the escrow account until the closing date. This is done in ance with Florida Statutes § 651.033, which state that a certified financial institution must hold the escrow funds for the duration of the transaction. There's a clear logic behind this law.
Florida Escrow licensing: Florida requires companies to be licensed as an Escrow company. Companies must also still comply with federal, state and local laws. Other licenses or permits may be required depending on the nature of each particular business.