What is an escrow state?

Answer 1

There are two main types of real estate closings for purchases of residential properties. One is the traditional closing and the other is an escrow closing. In traditional closing states, like Georgia for example, the buyer and seller and any other interested parties come to the closing table at the appointed time for the transaction, sign all necessary documents and the transaction is completed. The property title changes hands and the money (lender's or buyer's) changes hands as well. In traditional closing states on a purchase there is one closing and funds disbursement which finalizes the transaction which is generally referred to only as "the closing".

In an escrow state, like California for example, all of the stipulations for the transfer of the property and funds are cleared prior to the day of closing. Important documents and funds are held "in escrow" by the assigned escrow agent until the time of the closing. If all stipulations have been met according to the escrow instructions (created between seller, buyer and lender) the closing is final, all funds are disbursed and the sale is final. The closing is generally referred to as an "closing of escrow".

Not to be confused with with other types of escrow the escrow closing includes all documents and monies required to facilitate the loan. Escrow may also mean earnest money given to the buyer's agent during the contract period which is applied to the closing costs or purchase price. Escrow may also mean funds held by the escrow agent after the closing to be applied to an upgrade or repair on the property being purchased.

Finally, and very importantly in any state, there is lender's escrow. This is a specified amount of funds held by the lender to cover the cost of taxes and insurance on the property being financed. Many times the property owner can ask to have escrows waived which some lenders facilitate for a slightly increased interest rate to help mitigate the risk. In this case the lender will require proof of insurance and taxes being up to date on the property.

See a list of escrow states at the related link provided below.