How Does Escrow Work in Real Estate (2024)

What to Know About Escrow and Earnest Money

There are many terms you’ll need to get your head around if you want to have a deep understanding of real estate. One of those words, which you may have heard before in many different contexts, is “Escrow.”

Escrow is often referred to as earnest money as well, although that is not necessarily the definition or meaning of escrow. Today, we’re going to make sure you understand what an escrow account is and how it can be used to your advantage, whether you’re buying a new place to live or selling the one you’ve outgrown.

Understanding Escrow in Real Estate

Escrow is a legal agreement where an outside party holds a large sum of money until an agreement has been met; in most cases, this condition is a purchase agreement. Escrow is typically held in a real estate transaction by one of three parties: a real estate company, a title company, or an attorney. This type of thing is used for two unique reasons;

  • Protecting the good faith payment, so the money finds itself with the correct party inlined with the rules of the sale.
  • To keep funds safe for future payments on taxes or insurance.

Due to the reasons above, two separate escrow accounts are currently being used throughout the real estate industry. One is used during the home buying process, while the second one is used throughout the entire life of a loan a homeowner may have taken to help cover property costs. We’re going to talk more in-depth about these accounts right now…

Escrow Accounts For Home Buyers

When purchasing any real estate, within your purchase agreement, you will usually find this will include a good faith deposit, which is known as earnest money or earnest money deposit. This deposit helps to show just how serious you are about purchasing the property in question.

These funds provide security to a seller that a buyer will not just "walk away" from the transaction. The earnest money holds a buyer accountable as nobody wants to lose thousands of dollars. An earnest money deposit will range anywhere from one percent to five percent of the purchase price in most areas. It is not uncommon for an earnest money deposit to be as high as ten percent with new construction.

If the buyer breaches the contract and the sale falls through, the seller will keep the earnest money as compensation. If the home purchase is successful, then the money given for the good faith deposit will be applied to the overall down payment of the property. To protect both the buyer and the seller, an escrow account will be set up to hold these funds for the meantime, with them sitting in the escrow funds account until the buying transaction has been fully completed.

In some cases, this money can be held in there even after the completion of the sale. There can be a few reasons for this, such as you may have found something wrong with the property during your final walk-through or a repair that was agreed upon has not been completed. Something like this would be called an escrow holdback. The monies would remain in escrow until the point in time the seller has satisfied their obligation of making repairs.

Are There Exceptions For Holding Earnest Money?

Yes, at times, there is the possibility that a buyer will not have a down payment. For example, if they are using VA or USDA loan financing, a down payment is not required. However, it is still advisable that a buyer still come up with earnest money funds when making an offer, if possible. Without any earnest money, a seller will be far more reluctant to take their home off the market without any security.

Escrow Accounts For Taxes and Insurance

The second version of an escrow account can come into play after purchasing a property; your lender may establish one of these accounts to pay for your taxes and your insurance.

Your lender takes a chunk of your monthly mortgage payment and holds it within the account until the due date of your tax and insurance payments. The size of this payment depends on a few things, though the lender will analyze this account year on year to make sure they’re not putting away too much money or not enough.

Of course, if the latter is the case, then you’re going to need to pay back the difference; this can be done through a one-time payment or by increasing your monthly mortgage payments so that you can eventually make this difference over many months.

What Your Escrow Account Won’t Cover

Although there to cover certain expenses, Escrow accounts will not cover other things related to homeownership, such as your utility bills. Supplement tax bills are also not covered by your escrow accounts.

Benefits of Having an Escrow Account

One of the main benefits of having an escrow account, whether you’re going to be buying or selling a home, is that you’ll be protected throughout the transaction. Protecting you to ensure that you have money to pay for things like property taxes and insurance when those bills inevitably arrive. To recap:

  • Allows you to keep money safe to pay off taxes and insurance.
  • Tax and insurance payments will be made automatically, so you never miss a day.
  • The service will cover funds if you can’t pay taxes and/or insurance that month (due to lack of funds in the escrow account). However, you’ll have to pay this back.

Final Thoughts on Escrow and Earnest Money

Having earnest money held in an escrow account is vital during a real estate transaction. It keeps the parties accountable for keeping up their end of the bargain. It would be foolhardy as a seller not to have a decent amount of earnest money held in an escrow account for protection.

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How Does Escrow Work in Real Estate (2024)

FAQs

How Does Escrow Work in Real Estate? ›

Funds or assets held in escrow are temporarily transferred to and held by a third party, usually on behalf of a buyer and seller to facilitate a transaction. "In escrow" is often used in real estate transactions whereby property, cash, and the title are held in escrow until predetermined conditions are met.

How does escrow work for dummies? ›

The escrow account is where all of the documents and monies associated with the sale of the property are kept until closing. The escrow account is in place until the closing process, and after closing, the escrow account is kept in place to hold the money necessary to pay property taxes.

What is escrow in real estate and how does it work? ›

What Is Escrow? Escrow is a legal arrangement in which a third party temporarily holds money or property until a particular condition has been met – such as the fulfillment of a purchase agreement.

Who owns the money in an escrow account? ›

Who owns the money in an escrow account? The buyer in a transaction owns the money held in escrow. This is because the escrow agent only has the money in trust. The ownership of the money is transferred to the seller once the transaction's obligations are met.

Do you get escrow money back? ›

Escrow refunds generally come when there's an expense that's smaller than expected, such as a lower insurance bill or fewer taxes. Your mortgage servicer pays the lower amount and then, when the servicer conducts an escrow analysis, the difference will be refunded to you, typically by check.

How do escrow agents make money? ›

How do escrow officers get paid? Escrow agents usually earn a salary. Unlike real estate agents and loan officers, they aren't paid based on a percentage of the sales price or loan amount.

Why is escrow paid monthly? ›

An escrow account is funded each month as part of your total monthly payment. Lenders use it to make property tax and insurance payments for you. Items like mortgage insurance and flood insurance may also get paid from the account.

What are the disadvantages of an escrow account? ›

Cons of escrow

High upfront costs: Many escrow accounts require a minimum balance to cover unexpected expenses. You may have to keep an extra two or three months' worth of property taxes and insurance premiums as a cushion, or “escrow reserve.”

Why do houses go into escrow? ›

Nevertheless, using escrow protects the buyer, seller, and lender. You, as the seller, receive protection from a scam by a fake buyer or a counterfeit earnest money check. In addition, escrow guarantees you're getting paid in full before you pass title of the home to the buyer.

Is escrow safe for sellers? ›

Escrow protects all of the relevant parties in a real estate transaction, including the seller, the home buyer, and the lender, by ensuring that no escrow funds from your lender and other property change hands until all of the conditions in the agreement have been met.

How long can money be held in escrow? ›

The Standard Duration. In most real estate transactions, the standard duration for how long can escrow hold funds is 30 to 60 days. This period allows ample time for both parties to fulfill their obligations, including inspections, appraisals, and financing approvals.

How long does escrow last? ›

It usually takes between 30 to 60 days for an escrow to close. Sometimes the escrow timeline can be shorter or longer. You and the Sellers agree to an escrow timeline during the contract negotiation.

Can I take money out of escrow? ›

Can I take money out of my escrow account? No, you cannot take money out of your escrow account. The money held in a mortgage escrow account is held by the lender or loan servicing company on your behalf, to serve a specific purpose, and it is not typically accessible to the homeowner.

What happens to money in escrow at the end of the year? ›

At the end of each year, the servicer reviews your escrow account to make sure there is enough money to cover the next year's expenses. If the balance in the account exceeds what's needed for anticipated expenses, the lender may refund the difference to you.

What happens to the money you put in escrow? ›

The earnest money deposit — generally 1 percent to 2 percent of the home's purchase price — is held in an escrow account until the contract is finalized, after which the funds will go toward the buyer's down payment or closing costs.

What happens to money left in escrow? ›

Most lenders will happily accept extra funds as a cushion of sorts, as long as you specify that the money is for the escrow account. Any excess money left in the escrow account is likely to be refunded to you at the end of the year, so you lose nothing as long as you can afford to set aside that money in escrow.

What are the steps of escrow? ›

The California Escrow Process
  • The California Escrow Process. ...
  • Step 1: Escrow Begins. ...
  • Step 2: Initial Deposit. ...
  • Step 3: Disclosures and Inspections. ...
  • Step 4: Repair Negotiations and Appraisal. ...
  • Step 5: The Mortgage Process. ...
  • Step 6: Title Searches and Insurance. ...
  • Step 7: Final Verification.
May 1, 2019

How much money should you have in escrow? ›

The minimum balance in your escrow account may be equal up to two months of escrow payments. Your lender may require a cushion that cannot exceed two months of escrow payments for the year. What is a yearly escrow analysis? Typically, a yearly escrow analysis is provided by your servicer.

Do I pay mortgage during escrow? ›

Yes, house payments do need to be kept current during escrow, to preserve your credit, and to avoid late charges. Good communication with your Escrow Officer is important. During escrow, a payoff statement will be obtained by escrow from your Mortgage Company.

What happens to your escrow balance when you sell your house? ›

If any money related to your mortgage was being held in escrow, the balance of that account will be refunded to you. (Escrow funds won't be turned over at the closing table, though — it may take a few months.)

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