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It all begins with the offer and acceptance skillfully
negotiated by the real estate agents representing the Buyer and Seller. |
What does the Buyer(s) Do?
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Tenders a written offer to purchase
(or accepts the Seller's counter-offer) accompanied by a good faith
deposit amount. |
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Applies for a new loan, completing
all required forms and often prepaying certain fees such as credit
report and appraisal costs. |
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Approves the preliminary report, and
any property disclosure, or inspection reports called for by the
purchase and sale agreement. |
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Approves and signs the escrow
instructions, new loan documents and other related instruments
required to complete the transaction. |
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Fulfills any remaining conditions
specified in the contract, lender's instructions and/or the escrow
instructions. |
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Approves any final changes by signing
amendments to the escrow instructions or contract. |
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Deposits sufficient funds in the
escrow to pay the remaining down payment and closing costs. |
What does the Seller(s) Do?
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Accepts Buyer's offer to purchase and
initial good faith deposit to open escrow. |
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Submits documents and information to
the escrow holder, such as: addresses of lien holders, tax receipts,
home equipment warranties, home warranty contracts, any leases
and/or rental agreements, etc. |
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Orders inspections, receives
clearances and approves final reports and/or repairs to the property
as required by the terms of the purchase and sale agreement (Deposit
Receipt). |
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Approves and signs the escrow
instructions, payoff demands, grant deed and other related documents
required to complete the transactions. |
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Approves any final changes by signing
amendments to the escrow instructions or contracts. |
What does the Lender Do?
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Accepts the new loan applications and
other related documents from the Buyer(s) and begins the
qualification process. |
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Orders and reviews the property
appraisal, credit report, verification of employment, verification
of deposit(s), preliminary report and other related information. |
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Submits the entire package to the
loan committee and/or underwriters for approval. When approved, loan
conditions and title insurance requirements are established. |
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Informs Buyer(s) of loan approval
terms and commitment expiration data and provides a good faith
estimate of the closing costs. |
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Deposits the new loan documents and
instructions with the escrow holder for Buyer's approval and
signature. |
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Reviews and approves the executed
loan package and coordinates the loan funding with the escrow
officer. |
What does the Title Company Do?
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Examines the title to the real
property and issues a preliminary report. |
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Determines the requirements and
documents needed to complete the transaction and advises the escrow
officer and/or agents. |
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Reviews and approves the signed
documents, releases and the order for title insurance, prior to the
closing date. |
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When authorized by the escrow
officer, records the signed documents with the County Recorder's
office and prepares to issue the title insurance policies. |
What does the Escrow Officer Do?
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Receives an order for title and
escrow services. |
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Orders the title search and
examination on the subject property. |
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Acts as the impartial
"stakeholder" or depository, in a fiduciary capacity, for
all documents and monies required to complete the transaction per
written instructions of the principals. |
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With authorization for the real
estate agent or principal, orders demands on existing deeds of trust
and liens or judgments, if any. For an assumption or subject to
loan, orders the beneficiary's statement or formal assumption
package. |
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Reviews documents received in the
escrow: Preliminary report, payoff or assumption statements, new
loan package and other related instructions. Reviews the conditions
in the lender's instructions including the hazard and title
insurance requirements. |
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Prepares the escrow instructions and
required documents together with a preliminary estimate of
settlement charges, for the Buyer and Seller, in accordance with the
terms of the sale. |
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Presents the instructions, documents,
statements, loan package(s) and other related documents to the
principal(s), for approval and signature. |
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Reviews the signed instructions and
documents, returns the loan package, and requests the lender's
funds. |
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Receives the balance of funds
required from the Buyer and/or the proceeds of the loan from the
lender. |
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Determines when the transaction will
be in the position to close and advises the parties. |
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Assisted by title personnel, records
the deed, deed of trust and other documents required to complete the
transaction with the County Recorder and orders the title insurance
policies. |
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Closes the escrow by preparing the
final statements, disbursing the proceeds to the Seller, paying off
the existing encumbrances and other obligations. Delivers the
appropriate statements, funds and remaining documents to the
principals, agents and/or the lenders. |
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