An escrow is a written agreement held by a third party and released only when the terms of the escrow agreement are completed or by a mutual release signed by all parties. An escrow can be comprised of documents, money, or a combination of both. There are various types of escrows. Some of the most common are as follows:
A repair or completion escrow is held for items not finished at the time of closing. Money is held until certain items are completed. A repair escrow is money held for a specific item to be repaired or replaced.
An escrow of money held when there is a notice of special assessment, i.e. paving, water, ornamental, lighting, sewer, sidewalks, have been created or ordered constructed.
In the case of the death of a title holder where the estate has not been completed and taxes have not been paid, monies are held in escrow until the time when the taxes are determined. Monies will be released to pay the taxes or, if taxes are paid, monies will be returned to the estate.
This escrow is a document escrow; it could also include monies for documentary stamps and recording fees. Most generally, the documents being held is a Warranty Deed that is not recorded until the terms of the land contract are complete. As part of this escrow, we would also receive and disbursement payments for any of the following: principal and interest, insurance, and taxes.
Construction disbursements services can be utilized by either lenders or homeowners building their own home for the escrow of construction funds to be paid to the builder. Funds are deposited with the escrow agent and disbursed to the builder upon request of the builder and authorization of by the owner or lender during the construction of the home or commercial property. Each time a request is made for an advance for the project, we check the public records to make sure no mechanic’s liens or judgments have been filed against the property. Lien waivers are then collected from each subcontractor to insure their services are being paid by the general contractor in a timely manner to avoid any mechanic’s liens against the property.