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The escrow company acts as a neutral third party to collect the required funds and documents involved in the closing process, including the initial earnest money check, the loan documents, and the signed deed.
Essential elements of a valid escrow arrangement are: A contract between the grantor and the grantee agreeing to the conditions of a deposit; Delivery of the deposited item to a depositary; and. Communication of the agreed conditions to the depositary.
In general terms, the escrow agreement should include: The identity of the escrow agent. The duties of both the escrow agent and the parties to the escrow agreement. The beneficiary of the escrow, which is commonly one of the parties entering the escrow agreement.
Properly drawn and executed escrow instructions become an enforceable contract/agreement. An escrow is termed ?completed? or ?perfected? when each of the terms of the instructions have been met or performed (satisfied or waived).
A thorough escrow agreement will list out the information that should be included in JWI or any instructions, such as the amount to be released, the party to whom the funds should be delivered, payment instructions and tax characterizations, or alternatively attach an instructions template to the escrow agreement.
Some things which challenge successful escrows: Problems with the Seller. Problems with the House. Problems with the Buyer. Problems with Documents. Problems with Cash Flow. Problems with the Walk-Through. Choose an Experienced Escrow Company.