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October 21, Escrow is a legal arrangement in which a third party temporarily holds large sums of money or property until a particular condition has been met such as the fulfillment of a purchase agreement. It is used in real estate transactions to protect both the buyer and the seller throughout the home buying process.

Because of the different purposes it serves, there are two types of escrow accounts. One is used during the home buying process, while the other is used throughout the life of your loan. If the contract falls through due to the fault of the buyer, the seller usually gets to keep the money. To protect both the buyer and the seller, an escrow account will be set up to hold the deposit.

The good faith deposit will sit in the escrow account until the transaction closes. The cash is then applied to the down payment.

Sometimes, funds are held in escrow past the completion of the sale of the home. This is called an escrow holdback.

There are many reasons an escrow holdback may be needed. Perhaps you agreed that the seller can stay in the home an extra month. Or maybe you found something wrong with the property during the final walkthrough. Once the conditions are met, the money will be released to the right party.

After you purchase a home, your lender may establish an escrow account to pay for your taxes and insurance. The amount required for escrow is a moving target. Your tax bill and insurance premiums can change from year to year. Your servicer will determine your escrow payments for the next year based on what bills they paid the previous year. You may be given options to make a one-time payment or increase the amount of your monthly mortgage payment to make up for a shortage in your escrow account.

Supplemental tax bills are also not covered by escrow accounts. These are one-time tax bills that are issued due to a change in ownership or new construction. Not everyone will have the opportunity to opt out of having an escrow account on their loan.

Escrow accounts are sometimes a requirement. FHA loans require all borrowers to have an escrow account. Sometimes lenders require escrow for property taxes but not homeowners insurance. Escrow accounts may be handled by a variety of third parties, including an escrow company, escrow agent or mortgage servicer. Where you are in the process will determine who manages the account. The escrow agent or company is sometimes the same as the title company.

Because the escrow company is working for both the buyer and the seller in the real estate transaction, the fee for their services is usually split evenly between the two parties.

Your mortgage servicer manages your mortgage from closing until you pay off your loan. There can also be problems on the home site, like contamination from a location near a landfill, former oil field, dry cleaner, or gas station. Any problems uncovered in this area can mean serious health hazards and may be prohibitively expensive to fix. Many areas require flood reports. If the home is too likely to flood, you won't be able to get homeowner's insurance, which means you can't get a mortgage.

In some cases, purchasing flood insurance in addition to your homeowner's insurance will solve this problem. In rural areas, a land survey should be done to verify the boundaries of the property—in urban areas, the boundaries tend to already be very clear. This includes homeowner's insurance and any extra coverage required in your geographic area such as flood insurance.

You will be required to have homeowner's insurance until your mortgage is paid off—and you'd probably want it, anyway. Choose your own insurance company, which may be different than the one the lender selects, and shop around to get the best rate. These are also required by your lender, but again, you'd want them anyway. The title report makes sure the title to the property is clear—that is, that there are no liens on the property and no one else but the seller has a claim to any part of it.

Title insurance protects you and the lender from any legal challenges that could arise later if something didn't show up during the title search. If there is anything wrong with the title—known as a cloud or defect—the seller will need to fix it so the sale can proceed or let you walk away.

Depending on where you live, the escrow company and the title company may be one and the same. It's a good idea to re-inspect the property just before closing to make sure no new damage has occurred and that the seller has left you items specified in the purchase agreement such as appliances or fixtures.

At this point in the process, you probably won't be able to back out unless the home has sustained serious damage. However, it's not unheard of for a petty buyer to pressure his or her agent to get the agreement nullified over something insignificant.

At least one day before closing, you will receive a HUD-1 form or the final statement of loan terms and closing costs. Compare it to the good faith estimate you signed earlier.

The two documents should be very similar. Look for unnecessary, unexpected or excessive fees as well as outright mistakes. The closing process varies somewhat by state, but basically, you'll need to sign a ton of paperwork, which you should take your time with and read carefully.

The seller will have papers to sign as well. After all the papers are signed, the escrow officer will prepare a new deed naming you as the property's owner and send it to the county recorder. 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. If you make it this far, you'll finally get to take possession of the home.

With traditional mortgages, your experience with escrow usually ends at this point. If you are buying a house with a Federal Housing Administration FHA loan, however, your dealings with escrow accounts continue in a different way, for different reasons. FHA loans require an escrow account be maintained for property taxes, homeowner's insurance, and mortgage insurance premiums MIPs.

Rather than paying taxes directly to the government and insurance premiums to the insurer, an FHA borrower pays one-twelfth of these expenses each month, in addition to his mortgage principal and interest payment, into the account. The escrow account holds this money until the bills become due at the end of the year. At this point, monthly escrow payments for the following year are adjusted up or down based on whether there was a shortage or surplus in the account for the current year's payment.

Mortgage-holders are obligated to send you an annual statement regarding the activity of your escrow account, which may also be referred to as a mortgage impound account. Why all this? Because, to put it crudely, FHA loan applicants are considered higher risk: They often have lower credit scores, smaller incomes, and fewer assets—all the reasons they are seeking FHA loans, which have less stringent requirements for borrowers than conventional mortgages.

But it wants to ensure the bills get paid, hence, the escrow-account mandate. Your real estate agent will oversee this entire escrow process, so don't be too concerned if you don't understand every detail. However, in any transaction where you're putting so much on the line financially, it's a good idea to have at least a basic idea of what's going on so you won't get taken advantage of—or inadvertently lose your home.

Purchasing A Home. Real Estate Investing. Actively scan device characteristics for identification. Use precise geolocation data. Select personalised content. Create a personalised content profile. You can negotiate this fee. But not all types of loans allow you to cancel escrow. For example, all FHA loans require an escrow account, no matter the amount of equity you have. You would have to refinance to a conventional loan if you wanted to remove the escrow requirement.

Rules on canceling escrow accounts vary, so ask your loan servicer if you qualify. Your escrow account also could be closed because you refinanced your loan or sold your home. Bob Musinski has written about a variety of financial-related topics — including personal and business loans, credit cards and personal credit — for publications such as U. News and World Report. He has worked as an editor and reporter for multiple publications and an international wire service.

You can follow him on twitter bobmusing. Select Region. United States. United Kingdom. Bob Musinski. Editorial Note: Forbes Advisor may earn a commission on sales made from partner links on this page, but that doesn't affect our editors' opinions or evaluations.

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