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You create an escrow account with an escrow agent. The real estate agent typically names the escrow company you should use in the purchase agreement. Find your purchase agreement and read it to find the name of the escrow company you should use.
The escrow holder prepares written escrow instructions* that reflect the terms of the purchase agreement and all conditions of the transaction. The buyer and seller will sign the escrow instructions, and make any necessary earnest money deposits.
You'll submit a cashier's check or arrange a wire transfer to meet the remaining down payment?some of which is covered by your earnest money?and closing costs, and your lender will wire your loan funds to escrow so the seller and, if applicable, the seller's lender, can be paid.
Additionally, the escrow agent cannot be associated with the transaction. For example, the buyer's real estate agent or the seller's attorney cannot hold the escrow account. They may, however, recommend escrow agents whom they have used.
An escrow agreement is a contract that outlines the terms and conditions between parties involved, and the responsibility of each. Escrow agreements generally involve an independent third party, called an escrow agent, who holds an asset of value until the specified conditions of the contract are met.
Escrow agents may work for a title insurance company, real estate attorney, as an affiliate of a lender or as an independent escrow company. However, they do not work for the buyer or seller and must remain neutral in any real estate transaction.
Joint Written Instructions means written instructions from Sellers and Buyer, a form of which is attached to the Escrow Agreement as an exhibit thereto, directing the Escrow Agent to deliver the Escrowed Funds as provided for under this Agreement.
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.