Having a Smooth Escrow and Avoiding Problems
I've been selling homes since the dawn of time - or at least it feels like it. And like death and taxes, I have found there is one guarantee in selling or buying a home. PROBLEMS. You will always have problems.
The escrow process has it's own set of problems, and your life will be a lot easier if you avoid them early on. So here are a few of my favorite tips to assure a smooth escrow.
1. Choose your escrow officer carefully. Go with experience. When you have problems, a good escrow officer makes the difference between a closed sale, and a disaster. We have all experienced being treated like a cog in a machine "for a real person push 3...". You want an escrow officer who is aproachable, knowledgable, and involved. It isn't all about price.
2. Check the status of your driver's license early. You will need to be notarized, most likely, and with current guidelines, an expired driver's license means you can't be notarized. In California, the DMV is eons behind on license renewals. Current passport? That will do. Military ID? That will do, as well. But don't deal with this at the last minute, or you may not close escrow on your home.
3. Bringing in funds to close your escrow? Be sure the money comes from an account your lender has verified. That means it can't come from your Mom's account (unless your lender knows in advance) or from your hidden savings account you hadn't listed on your loan application. This can be a last minute nightmare. You money must be "seasoned", meaning the lender has verified it.
4. Grandma's giving you money to close? Lucky you! But make sure your lender knows in advance. It may not be allowed.
5. Still "technically" married, but your spouse has dissappeared? Maybe you've already agreed you get the funds from the sale, so you don't think she has to sign? Prove it! You'll need a divorce settlement statement, and she's probably going to need to sign a Quit Claim deed. Deal with it up front. I have seen spouses hold up the escrow for ransom just to give that signature.
6. You're married and want to buy as your "sole and separate" property? You'll probably need your spouse to sign that they are aware they will have no ownership. In California, anyway, we are a community property state, and all your assets are presumed to be 50/50, unless you prove otherwise.
7. Back child support judgements? Or other leins? They may take time to clear up. Bring this up early, because you cannot hide form them if they are recorded.
8. Don't bring a personal check to close the escrow. It could take a week to clear. Check before you make arrangements. Wiring or a cashier's check are your two best options.
9. Beware of wire fraud. Every scumbag in the world is trying to get their hands on money from YOU. Don't let it be your home's down payment money! The bad guys somehow are able to intercept emails and change your wiring instrucitons to their own account in some foreign country. How do you avoid this? Keep track of the very first phone number you are given for your escrow officer. Then, BEFORE YOU SEND YOUR WIRE, call that number and make sure it is really your escrow officer or assistant. Verify the wiring instrucitons (a long number you are going to read to her) and have your bank send your money using that number.
10. And lastly a sad one. Each person signing must be mentally altert, and capable of understanding what they are doing. I have had elderly sellers who appear to have dementia or worse. If the escrow officer suspects they are not competent, they cannot have them sign. Options? A letter from their doctor may clarify the situation. Or a power of attorney granting someone else the power to sign might work. Or a trustee. Ask your escrow officer, but you must deal with this up front.
Bottom line, you need to deal with issues up front with your escrow officer, so she can guide you to the resolution. There is a way around most problems, but it might take time. I use the very best seasoned escrow officers in the business, so you will be in good hands.