Your Guide to the Escrow and Closing Process

 

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Opening the Escrow

After the buyer and seller agree to terms of a sale, the transaction goes into escrow, which can take several
weeks (30-45 days or more) to reach closing. Escrow can be opened by the buyer or the seller’s real estate agent. The escrow agent and their company act as a neutral third party for serving as custodian for funds and documents, providing a clearing house for payment of demands and performing clerical details for the closing.

As of October 3, 2015, the closing process has changed.

The Consumer Financial Protection Bureau (CFPB) created the TILA-RESPA Integrated Disclosure (TRID) Rule to improve mortgage disclosure forms to make it easier for consumers to understand the terms of their loans and closing costs. 

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Escrow number issued, contract and deposit received by escrow

Preliminary Report/Commitment is prepared and distributed for review.

Additional terms and appropriate invoices from companies such as termite companies, homeowner associations, roofers, inspection companies, home warranty companies etc. forwarded to the Escrow Officer.

Closing Disclosure sent by the lender or escrow officer to the buyer for review.

Seller Closing Disclosure sent to the seller by the Escrow Officer Estimated Settlement Statement sent to the respective buyer’s and seller’s agents

Escrow receives loan documents and lender instructions for scheduling the signing

After a signing date is scheduled, Buyer and Seller to bring valid ID to the signing appointment. Buyer brings funds to close.

Signed documents are returned to the lender and funds are requested to close

Funds are received from the lender and documents sent to the County Recorder for recording.

Confirmation of recording is received, funds are disbursed, final settlement statement is prepared and final CD is sent to the buyer by the lender or Escrow Officer.

Escrow is now closed. Keys are typically delivered by the agents or the seller to the new homeowner and the Owner’s Title Policy is delivered by mail.

TRID Terms

  • Closing Disclosure

    Closing Disclosure

    The five-page Closing Disclosure, also referred to as CD, must be provided to the consumer three business days before they close on the loan. The Closing Disclosure details all of the costs associated with their mortgage transaction.

  • Consummation

    Consummation

    Consummation is not the same thing as closing or settlement. Consummation occurs when the consumer becomes legally obligated to the creditor on the loan, not, for example, when the consumer becomes contractually obligated to a seller on a real estate transaction.

  • Loan Estimate

    Loan Estimate

    A three-page Loan Estimate (also called LE) must be provided to the consumer no later than three business days after they submit a loan application for most mortgages. The Loan Estimate provides information about key features, costs and risks of the mortgage loan for which the consumer is applying.

  • Redisclosure

    Redisclosure

    For covered transactions under the TILA-RESPA Integrated Disclosure (TRIC) Rule and under very specific circumstance, the Loan Estimate and/or the Closing Disclosure may be revised and delivered to the consumer.

  • Three Day Review Period

    Three Day Review Period

    For covered transactions under the TRID Rule the creditor is generally required to ensure that the consumer (borrower) receives the Closing Disclosure no later than three business days prior to the consummation of the loan.