The collection, holding, and delivery
of documents and monies by a neutral third party in accordance
with dated, written instructions from the principals to a transaction.
Having a neutral third party allows all
the principals to a transaction to handle the transaction in more
convenient time frames. Many real estate sales and refinances handled
in other areas of the country do not have escrow. It is then necessary
for all the parties to be in one room at one time in order to protect
their interests. With an escrow, however, the parties may execute
their respective documents and instruct the escrow when the documents
may be used.
The escrow becomes a central depository.
Escrow agents are neutral. With the exception of certain statutes
which require them to take specific actions, the escrow officers
simply follow the directions of the principals to the transaction
- the buyer, borrower, and seller. Escrow officers do not give
legal advice. They do not determine if a transaction is "wise".
They do not resolve disputes between the various parties. They
simply follow the instructions of the principals: which instructions
MUST be "consistent" (all parties must give the same
instructions). |