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the seller The holder handles other documents as well, such as loan papers, that are necessary to conclude the deal When the escrow holder deems that the terms of the deal have been met completely or perfectly, it transfers the money it is holding to the appropriate people (seller, taxing agency, lien holder, and so on) and records the deed in favor of you, the buyer In most states there are licensed companies that have been created for the sole purpose of handling escrow accounts In some parts of the East Coast, attorneys rather than escrow companies may provide escrow services Why do I have to pay escrow fees As is true of title insurance, it is not a legal requirement to have an escrow account when purchasing a home You could simply hand the money over to the sellers, and they could hand you a deed However, that s a messy way of doing things The sellers might not be sure they were getting everything to which they were entitled You might not be sure you were getting a valid deed In addition, you will want to be confident that all of the terms of the property transfer are being met as you near the closing date That assurance can be had most easily from an escrow company whose job it is to accumulate the documents and funds from the different parties involved in the transfer Further, no lender I ve ever heard of will give you a mortgage unless you establish an escrow You may have to pay for the escrow services Whether the seller or buyer is responsible for paying for escrow services is usually subject to the prevailing local customs In some areas the seller pays it, and in other areas, the buyer pays it In many cases the fee is split Or it can be determined by negotiation You should find out if it will be a cost to you when you open the escrow account, and you should shop around for the company that offers the most reasonable rates Can escrow or title fees be excessive Sometimes, and this is increasingly becoming a problem Since these fees are largely unregulated, a few independent title and escrow companies in some states have taken to boosting their fees up into the stratosphere I ve seen buyers shocked at the closing when they discover that
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they owe thousands more to an escrow company than they anticipated While the industry is working hard to regulate itself, it s important not to get caught by an unscrupulous company Since it s usually far too late to complain the day before closing (when you ll get your HUD-1, or final closing instructions), it s important to shop around for the best prices from escrow companies before opening an account Note: If you re paying for the escrow, don t let anyone, including your agent or the seller, demand that you use a particular escrow company if that company s prices are exorbitant Remember that some real estate agencies are aligned with escrow companies and that the main reason they may want you to deal with the company they recommend is to throw business its way Does someone get a kickback or referral fee ( controlled business ) In general, you need to pay a fee only if a service for it was actually performed, although the amount is negotiable Kickbacks or referral fees are generally prohibited However, there is a special status called a controlled, or affiliated, business arrangement whereby the party referring the home buyer to a provider of services has a relationship with that provider that involves an ownership or franchise This sometimes happens when a real estate company wants you to use its internal title insurance and escrow services This is allowed provided that the controlled business arrangement is disclosed, you re given a written estimate of costs by the provider of the service, and you are not required to use that service Occasionally the fact that you are not required to use the controlled service can be overlooked Sometimes the dubious argument is made that only the controlled escrow and/or title company can be trusted to handle your deal Keep in mind that most escrow and title companies are state licensed Should I shop for title insurance companies to find the one that charges the lowest fee Perhaps It depends on where you live Some states, such as Texas and New Mexico, regulate fees so they will be the same for any title company New York, New Jersey, Pennsylvania, Ohio, and other states have a single rate
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