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    • BlogPost(array)
      • id29
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      • autor_nameLightspeed Escrow
      • titleEscrow Surplus– All Questions Answered
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/blog-post/escrow-surplus" }, "headline": "Escrow Surplus– All Questions Answered", "description": "Find out what an escrow surplus is, if you are eligible for an escrow surplus refund, and when that escrow surplus check is coming in", "image": "https://lightspeedescrow.com/files/blog/bd0cba72-1678-4731-b33a-c17a2c57a64b_emotional-happy-young-ginger-woman.jpg", "author": { "@type": "Organization", "name": "Lightspeed Escrow", "url": "https://lightspeedescrow.com/" }, "publisher": { "@type": "Organization", "name": "Lightspeed Escrow", "logo": { "@type": "ImageObject", "url": "https://lightspeedescrow.com/theme/Public/images/logo-dark.svg" } }, "datePublished": "2022-11-10", "dateModified": "2022-11-10" } </script> <p>An escrow surplus occurs when you have more money in your escrow account than needed. So how does that happen? An escrow account makes payments for your property tax and homeowners insurance more secure and easier to manage.</p> <p>However, the law limits the amount your mortgage servicer can require you to keep there. Anything above that escrow limit is a surplus, and the company must refund it. We will tell you more about how it is calculated, your obligations, and how you become eligible for that escrow surplus check.</p> <h2>Annual Escrow Analysis - What Is It and How It Affect You</h2> <p>A mortgage servicer requires a homeowner to make a monthly payment equivalent to <strong>one-twelfth of the projected amount necessary to pay taxes, insurance, and other expenses</strong> for the next 12 months. The company can also require an amount equal to two months of payments as a security cushion</p> <p>This is often included in the monthly mortgage payment, but it can depend on the lender. Take note that regulations and practices are sometimes different. <a href="https://lightspeedescrow.com/blog-post/california-escrow-requirements">California escrow requirements</a> show that in practice, even though homeowner's insurance isn't mandatory by law, it's required by mortgage lenders until the loan is paid off.</p> <p>The Real Estate Settlement Procedures Act (RESPA) requires <strong>mortgage services to review clients' accounts once a year</strong>. They will analyze the activity in the past 12 months and make an estimate for the following 12-month period.</p> <p>This process aims to ensure you have enough money to cover your taxes, insurance premiums, and other expenses. You will get a summary statement with escrow surplus and shortage notifications.</p> <h3>What Is an Escrow Shortage?</h3> <p>This implies that your escrow account doesn’t have sufficient funds for <a href="https://lightspeedescrow.com/blog-post/when-are-property-taxes-due-in-california">property taxes</a> and insurance payments. The most common reasons are:</p> <ul> <li>An unforeseen increase in your property taxes or insurance.</li> <li>Change in the insurance company’s billing cycle.</li> <li>Payments were made earlier than usual because of the taxing authorities’ discounts for early payments.</li> </ul> <p>Of course, if the <a href="https://lightspeedescrow.com/blog-post/guide-through-an-escrow-analysis">escrow analysis</a> shows you owe money, you must make an escrow shortage payment.</p> <h3>What Is an Escrow Surplus?</h3> <p><strong>A surplus happens when the escrow analysis shows the amount surpasses the estimated amount required</strong> to cover the disbursements expected for the rest of the escrow year.</p> <p>According to federal regulations, section 1024.17(f), <strong>mortgage servicers must reimburse their clients</strong>. They have two options, depending on the escrow surplus amount:</p> <ul> <li><strong>$50 or more</strong>: the company should refund the client within 30 days. Of course, there is no limit to the amount of money you can get. It is your money, after all.</li> <li><strong>Less than $50</strong>: the company should either refund the client within 30 days or credit it to the next escrow year.</li> </ul> <p>However, the sum is not important when you pay off your mortgage - you will get a refund of any leftover funds.</p> <h2>Does Escrow Surplus Refund Require Your Involvement?</h2> <p>The process doesn’t require your involvement, as mortgage services conduct analyses of <a href="https://lightspeedescrow.com/blog-post/different-types-of-escrow">different types of escrow</a> accounts at least once a year (some more often). If you believe you’ve overpaid, you are entitled under RESPA to request that surplus back from your mortgage servicer. If you are not in a hurry, you can wait a few months for that check.</p> <h2>What’s an Escrow Surplus Check?</h2> <p>If your mortgage service company finds that you have a surplus on your <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a>, it must give you a refund. <em>If the amount is lower than</em> <em>$50</em>, it will probably be credited to your next escrow year. However, you will get a check if the <em>extra money on your account exceeds $50</em>.</p> <h2>Escrow Surplus and Taxes</h2> <p>Many mortgage takers wonder if they should report <a href="https://lightspeedescrow.com/blog-post/escrow-refund">escrow refunds</a> on their tax returns. The answer is - no. It is not considered income, just a refund of your money.</p> <p>But, are funds in escrow deductible, considering they are used to pay property taxes, which is a deductible category? Well, only the amount actually used and transferred to the taxation authority is considered deductible.</p> <p>If you want to ensure that your tax and insurance obligations are paid in time and that any surplus is refunded in time, let <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a> manage your account. We are a team of skilled professionals on a mission to remove the inconveniences in the real estate world.</p> <h2>Escrow Surplus - FAQ</h2> <h3>What Is An Escrow Balance Refund?</h3> <p>After you pay off the mortgage, you are entitled to any money left in your escrow account. It is similar to an escrow refund, but you get the entire amount instead of a portion the company deems surplus.</p> <p>The lender will ensure there is enough to cover the upcoming property tax bill and homeowners insurance premium, and you will receive the rest of the money within 20 days.</p> <h3>What Are Escrow Refund Checks?</h3> <p>Mortgage service companies are required by law to conduct escrow account analysis at least once a year. The company examines payments in the previous escrow year and makes estimates for the following year</p> <p>If the analysis shows a surplus, the Real Estate Settlement Procedures Act (RESPA) requires them to refund that money. If it is less than $50, it will be credited to the following year. If the escrow surplus exceeds $50, the client will receive a check within 30 days.</p>
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      • short_description Find out what an escrow surplus is, if you are eligible for an escrow surplus refund, and when that escrow surplus check is coming in
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      • autor_nameLightspeed Escrow
      • titleEarnest Money vs. Down Payment: What’s the Difference?
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "headline": "Earnest Money vs. Down Payment: What’s the Difference?", "description": "Real estate terminology can really throw you for a loop. Tune in as we’re about to settle the “earnest money vs. down payment” debate once and for all", "image": "https://lightspeedescrow.com/files/blog/2be8d03c-26ee-46f2-b7dc-1b359b70ecc8_men-using-banknotes.jpg", "author": { "@type": "Organization", "name": "Lightspeed Escrow", "url": "https://lightspeedescrow.com/" }, "publisher": { "@type": "Organization", "name": "Lightspeed Escrow", "logo": { "@type": "ImageObject", "url": "https://lightspeedescrow.com/theme/Public/images/logo-dark.svg" } }, "datePublished": "2022-11-07", "dateModified": "2022-11-07" } </script> <p>Is real estate jargon getting the better of you? Don’t worry – you’re not alone. The real estate industry is full of mind-boggling jargon and complex notions, so there’s generally a lot of confusion around a significant portion of real estate terminology, especially among first-time buyers. <strong>Although both are real estate terms dealing with cold cash and are often used interchangeably, earnest money and a down payment differ in more ways than one</strong>.</p> <p>In this article, we shed some light on this burning question that probably weighs heavily on the minds of many to help you navigate the blurred lines between these two terms and put the “earnest money vs. down payment” debate to rest once and for all.</p> <p>Let’s stop scracthing our heads and dive right into it.</p> <h2>What is Earnest Money?</h2> <p><a href="https://lightspeedescrow.com/blog-post/earnest-money">Earnest money deposit</a>, or simply earnest money or EMD for short, represents the initial funds <strong>a prospective buyer is asked to put down once a seller accepts their offer</strong>. Also known as a “good faith deposit,” earnest money is considered a gesture of goodwill, demonstrating that the buyer is <em>serious</em> about following through with the purchase and incentivized to fulfill their contractual obligations.</p> <p>Although not an official requirement, making an earnest money deposit is <em>highly recommended</em> and even necessary in more competitive markets.</p> <p>It primarily safeguards the seller if the buyer backs out of the deal or breaks any contingencies listed in the purchase contract, allowing the selling party peace of mind. However, the earnest money is a win-win because it also protects the buyer in case of a breach of contract on the seller’s behalf and improves their chances of securing the sale.</p> <h3>How Does It Work?</h3> <p><strong>An earnest money deposit (also called an <a href="https://lightspeedescrow.com/blog-post/california-escrow-requirements">escrow</a> deposit) is determined during the negotiating phase, drafted into, and made upon signing the purchase agreement or the sales contract</strong>. One of the most common questions is: “How much is an earnest deposit?”</p> <p>Since earnest money is negotiated, there's no set amount. It can range anywhere from 1-10% of the property’s purchase price, depending on several factors, such as the real estate market competitiveness, type of property, and financing.</p> <p>In most real estate transactions, earnest money funds are held in an <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a> until closing. If you're wondering who keeps the earnest money after the property closes, keep in mind this depends on whether the buyer followed the contract terms. If the deal happens to fall through, the earnest money amount will be provided to the party legally entitled to it.</p> <h2>What is Down Payment?</h2> <p>In real estate, a down payment refers to the <strong>initial amount of money that a buyer pays upfront</strong> for a property or another asset in a real estate transaction and other expensive purchases to reduce the amount of money they will have to borrow (lend).</p> <h3>How Does It Work?</h3> <p><strong>Down payments are most often a part of obtaining a loan</strong>. There are usually minimum down payment requirements that need to be met for it to be approved, which can vary depending on the type of mortgage, type and purchase price of the property, and the borrower's financial circumstances, and range anywhere between 5-20% of the total purchase price (also known as a loan-to-value ratio, or LTV).</p> <p>Most conventional loans allow for smaller (or no) down payments. However, to compensate for the risk of putting less than 20% down, they require the borrower to purchase private mortgage insurance (PMI) to be protected from losses by the insurance coverage.</p> <p>Putting more funds upfront will reduce the amount of money you’ll have to borrow from the lender and help you avoid purchasing PMI, which translates into lower monthly mortgage payments. However, if making a large down payment will stretch your savings too thin or take too much time to save, making a lower down payment is a wiser move.</p> <h2>Down Payment vs. Earnest Money: Key Differences</h2> <p>Earnest money deposit and down payment might seem like two sides of the same coin at first glance. However, there is much more to these real estate terms than meets the eye.</p> <p><strong>Let’s take a more in-depth look into the crucial differences between earnest money and down payment</strong>:</p> <h3>Recipient of the Money</h3> <p>An earnest money payment serves as a promise to the <em>seller</em> of a property or another asset, while a down payment is for the <em>lender</em> providing your mortgage loan. After closing, the earnest money will be given to the party legally entitled to it, while the down payment funds will be sent directly to the seller of the purchased property.</p> <h3>Intent & End Goal</h3> <p>Earnest money deposit is made to provide security to both parties included in a real estate transaction – the seller and the buyer. At the same time, the down payment is used to <em>secure the funds</em> for the buying process from the lender when you’re using a mortgage loan to finance the purchase and lower your monthly payments.</p> <h3>Amount</h3> <p>The average earnest money deposit ranges between 1% and 3%, although it can get as high as 10% in highly competitive markets. The minimum down payment required is usually <em>higher</em> than the negotiable earned money deposit and can range anywhere between 5% and 20% of the purchase price.</p> <h2>Earnest Money Deposit vs. Down Payment: The Final Verdict</h2> <p><strong>To sum up, both earnest money and the down payment are upfront payments to secure a property purchase or the funds for one</strong>. In the most straightforward layman's terms, the earnest money deposit is a monetary promise made to the home seller, while the down payment is a promise to the loan or mortgage lender.</p> <p>Whatever you do, <em>don’t</em> make promises you can’t keep when buying a home. Talk the talk – team up with an experienced company like <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a> for a swift and smooth real estate transaction, from making an earnest money deposit or down payment to the closing stage. Whatever <a href="https://lightspeedescrow.com/services">services</a> you might need, we’re here to make it a breeze.</p> <h2>FAQ</h2> <h3>What if I Don't Have Earnest Money?</h3> <p>If you don’t have good-faith money, don’t despair because that doesn’t mean you’re out of options. You can solve this bottleneck by requesting a waiver of earnest money, raising money with wholesaling, or looking into zero-down financing options such as hard money loans.</p> <h3>Does Earnest Money Go Towards Down Payment or Closing Costs?</h3> <p>At the close of any <a href="https://lightspeedescrow.com/blog-post/different-types-of-escrow">escrow account</a>, the deposited earnest money funds can go towards the down payment and closing costs to help close the deal. On the other hand, down payments only go toward purchasing a property.</p> <h3><a href="https://lightspeedescrow.com/blog-post/is-earnest-money-refundable">Is Earnest Money Refundable?</a></h3> <p>Yes. As long as a sale goes through successfully and no deadlines or contract agreements are breached, the earnest money is refundable, and home buyers can get their earnest money back in <em>full</em>.</p> <p>Depending on the contingencies listed in the purchase agreement, the buyer can also walk away from the contract and receive their earnest money deposit back in full if the seller breaks the contract in any way.</p> <h3>Is the Earnest Money Deposit Part of the Down Payment?</h3> <p>It can be. The earnest money you pay upfront when purchasing real estate can be applied to either the down payment or the closing costs.</p>
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      • id26
      • slugmortgage-escrow-account-pros-and-cons
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      • autor_nameLightspeed Escrow
      • titleMortgage Escrow Account Pros and Cons
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/blog-post/mortgage-escrow-account-pros-and-cons" }, "headline": "Mortgage Escrow Account Pros and Cons", "description": "What is a mortgage escrow account and what are the escrow account’s pros and cons? Is it a specific type of escrow? Read on to learn all you need to know.", "image": "https://lightspeedescrow.com/files/blog/df86437e-02f9-405b-a8eb-3ccf89875259_mortgage-real-estate-and-property.jpg", "author": { "@type": "Organization", "name": "Lightspeed Escrow", "url": "https://lightspeedescrow.com/" }, "publisher": { "@type": "Organization", "name": "Lightspeed Escrow", "logo": { "@type": "ImageObject", "url": "https://lightspeedescrow.com/theme/Public/images/logo-dark.svg" } }, "datePublished": "2022-10-20", "dateModified": "2022-10-20" } </script> <p>Everything related to escrow can easily get confusing. Even the concept of escrow may seem nebulous. It often feels like people are talking about different things while using the same terms. And, well, it’s because they are. There are different types of escrow accounts used during different stages of a transaction that are simply called escrow.</p> <p>This article is meant to clear up the confusion. By the end, you will understand what a mortgage escrow account is, how it is different from the other types, what it is used for, and the escrow account’s pros and cons. So, let’s start.</p> <h2>What Is a Mortgage Escrow Account?</h2> <p>A mortgage escrow account is an account that holds and distributes funds that are used to cover the ongoing costs of homeownership. This account typically exists for the life of your mortgage and the funds come out of your monthly loan payments. The costs that are covered by the account are usually:</p> <p>Property taxes</p> <p>Mortgage insurance premiums</p> <p>Homeowners insurance premiums</p> <p>We should note that there are different <a href="https://lightspeedescrow.com/blog-post/different-types-of-escrow">types of escrow accounts</a>, i.e. escrow accounts that serve different purposes. One is the mortgage escrow account which holds and distributes the funds associated with homeownership. When it comes to real estate, escrow is also typically used in two ways:</p> <ul> <li>The account that is used to facilitate a real estate transaction, sometimes called the home buying account (the account used when buying or selling a house that holds the <a href="https://lightspeedescrow.com/blog-post/earnest-money">earnest money </a>deposit, the purchasing contract, the essential documents of the sale, etc.). <a href="https://lightspeedescrow.com/blog-post/close-of-escrow">This account is closed</a> once the sale of the property is finalized.</li> <li>Renting escrow accounts are becoming more common. These accounts serve to guarantee that both renters and landlords have fulfilled their obligations and that the basic conditions of a renting agreement are met.</li> </ul> <p>Other than the mortgage, home buying, and renting accounts, escrow accounts can be used to facilitate any type of financial transaction – from trading stocks to online items.</p> <h2>Who Sets Up the Mortgage Account?</h2> <p>Your lender may (and often will, depending on the type of loan) require a mortgage escrow account as part of the conditions for issuing you a mortgage loan. An escrow account will typically be required if you are:</p> <ul> <li>Taking out a conventional loan from a private institution with less than a 20% down payment</li> <li>Taking out a USDA loan</li> <li>Taking out an FHA loan</li> </ul> <p>In other situations, you can opt-in to open an escrow account through your mortgage provider. In all cases, <strong>the account is set up by your lender and managed by a third party</strong> (be it the lender or an independent escrow company).</p> <h2>How Much Money Goes into the Account?</h2> <p>Your lender will calculate the annual cost of your <a href="https://lightspeedescrow.com/blog-post/when-are-property-taxes-due-in-california">property taxes</a> and mortgage and homeowners insurance. They will divide the amount by 12, add it to your monthly mortgage statement, and deposit the funds into escrow. It is their responsibility to use the account to pay the premiums and taxes when they are due.</p> <p>Additionally, some states allow for an ‘escrow cushion’. This is extra money that is deposited into the account, more than the calculated cost of the taxes and premiums, which is used to pay for unexpected costs (e.g. if the property taxes increase). If the extra funds become unnecessary (called an overage), they are refunded or credited back to you.</p> <h2>Is a Mortgage Escrow Account Always Necessary?</h2> <p>No, although most real estate experts would advise you to have one. As we’ve mentioned above, you will most likely need to have an escrow account to get a government-backed loan. On the other hand, if you are getting a loan from a private institution and have more than 20% equity in the property you are buying, you should be allowed to opt out of escrow.</p> <h2>The Pros of a Mortgage Account</h2> <h3>You Don’t Manage It</h3> <p>Because your lender or servicer manages the account, you do not have to worry about personally making payments from your checking account. Consequently, everything will be paid for on time without your involvement.</p> <h3>You Know What You Are Paying</h3> <p>Bi-annual taxes and insurance payments can severely mess up your finances if you don’t account for them properly. When these expenses are paid by your lender through your monthly mortgage, you know exactly what you are paying and when. Additionally, your lender will cover any increases through your mortgage. If any bill needs to increase, you will be notified in writing.</p> <h3>Can Escrow Lower Your Payments?</h3> <p>Some lenders are willing to negotiate lower interest rates or closing costs if you choose to opt-in for an <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a>. This is on a case-by-case basis, but is definitely something worth checking out.</p> <h2>The Cons of a Mortgage Account</h2> <h3>You Don’t Manage It</h3> <p>A mortgage escrow account is used to make automatic tax and insurance payments. This also means that you do not have full control over your finances. For instance, if your account contains the escrow cushion, you may have wished to use the overage for other purposes, instead of having it as backup and getting credited at the end of the year.</p> <p>Consequently, the automatization can fall into both mortgage escrow account pros and cons.</p> <h3>You Need to Make an Upfront Deposit</h3> <p>Lenders often require you to make an upfront deposit of two or three months’ worth of insurance and taxes to set up an account. This deposit will add to your closing costs. On the other hand, you will need to pay taxes and insurance eventually, so the deposit is only a quickening of the process, not an <em>additional </em>cost.</p> <h2>Do You Need Reliable Escrow Services?</h2> <p>Now you know what a mortgage escrow account is used for and the escrow account’s pros and cons. If you wish to make your life easier and avoid having to think of taxes and insurance premiums, consider <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a>’s services.</p> <p>We are an escrow company founded by real estate professionals with the aim of making all transactions quick and accurate. It is our job to make your life simpler. If you wish to know more or have any questions about the process, <a href="https://lightspeedescrow.com/contact-us">contact us</a> to talk to one of our representatives.</p>
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      • short_description What is a mortgage escrow account and what are the escrow account’s pros and cons? Is it a specific type of escrow? Read on to learn all you need to know.
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      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/blog-post/escrow-holdback" }, "headline": "What Is Escrow Holdback and How Does It Work?", "description": "Escrow holdback may benefit you in certain scenarios. However, this option isn’t available to everyone. Learn more about it here and see if you qualify.", "image": "https://lightspeedescrow.com/files/blog/33aa09c6-bfc2-4881-ade6-a27d9b95d1a5_real-estate-agent-using-laptop.jpg", "author": { "@type": "Organization", "name": "Lightspeed Escrow", "url": "https://lightspeedescrow.com/" }, "publisher": { "@type": "Organization", "name": "Lightspeed Escrow", "logo": { "@type": "ImageObject", "url": "https://lightspeedescrow.com/theme/Public/images/logo-dark.svg" } }, "datePublished": "2022-10-12", "dateModified": "2022-10-12" } </script> <p>Let’s say you’re about to close on your new home and ready to sign the paperwork and take possession. However, work on the property hasn’t been finished, and the closing is approaching fast. In this case, you may want to consider an <strong>escrow holdback</strong>.</p> <p>Escrow holdback is like an insurance policy, and the key is to put enough money in escrow to encourage the seller to finish the work.</p> <p>This article explores escrow holdback in detail to help you understand whether this option might work for your particular situation.</p> <h2>What Is an Escrow Holdback Agreement?</h2> <p>An <strong>escrow holdback </strong>agreement is an arrangement where money is set aside at the closing of a property to finish the repairs, usually done at the seller’s expense. That said, money is held in an <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a> until the repairs are done. While this may sound like a good deal, it’s not available for every borrower in every situation.</p> <p>Before approving an escrow holdback, the lender’s underwriter must review the appraisal and inspection reports. This is necessary to confirm that the sales price is met and that the house doesn’t show signs of deferred maintenance items that can affect safety and structural integrity.</p> <h2>How Does the Escrow Holdback Work?</h2> <p>Typically, the first step involves the buyer and seller’s agents negotiating the repair via an addendum to the purchase contract framed by the real estate agents and signed by all parties.</p> <p>The escrow holdback agreement will likely outline the <strong>repairs the buyer or lender wants the seller to make</strong>, the timeframe for those repairs, and details about the payments to the contractor.</p> <p>Then, this contract is sent to the escrow company and the lender to review the agreement. However, the underwriter of the loan will decide whether the escrow holdback will be approved. If so, the closing can proceed as planned, but this is not the case for all holdback requests.</p> <p>Note that the lender may have conditions regarding the approval of a holdback, such as the completion of improvements within 180 days of the closing date.</p> <p>Usually, the lender will establish an escrow completion account with the title company from the purchase returns equal to 120% of the assessed expenses for finishing the improvements.</p> <p>However, not all transactions qualify for an escrow holdback as the criteria can vary between lenders, property, and type of transaction.</p> <h2>Common Reasons for an Escrow Holdback</h2> <h3>Home Repairs</h3> <p>Home repairs are the most common reason for real estate transactions ending up in escrow holdback. This typically happens when the seller agreed to make repairs after the inspection, but they <strong>haven’t been completed before closing</strong>.</p> <p>Although lenders prefer repairs to be made before closing, they can make exceptions when repairs need to be postponed because of bad weather. This could limit holdbacks to repairs that must be made outdoors, such as on the roof or in the yard.</p> <h3>Health and Safety Issues</h3> <p>Lenders usually check if the repairs impose a risk to the property or health and safety concerns to the occupants. These issues can determine whether the house is eligible for financing, with most lenders avoiding closing a loan on a property with issues like missing stairs, railing, or fencing.</p> <p>The appraiser will note the more apparent issues and may suggest inspection by a professional. Then, the lender’s underwriter reviews the appraisal and inspection reports to confirm the sales price is met and whether the home needs repairs that impact safety, soundness, or structural integrity. If needed, he will require the repairs to be completed.</p> <p>Depending on the repair, a lender may let the seller place money in escrow for a defect fix for a specific amount within a specific timeframe.</p> <p>Note that these repairs can be expected or unexpected, and the seller might need the profits from the sale to finish the repairs.</p> <h3>Postponed Move Out</h3> <p>Escrow holdback can also happen if the seller hasn’t moved out by closing. In a home buying agreement where occupancy is given up upon closing, the buyer can move into the property once all documents are signed.</p> <p>If you have such an agreement and the <strong>seller is unable or unwilling to move out</strong> upon closing, an escrow holdback may be your best bet.</p> <h3>New Construction</h3> <p>You may find yourself in an escrow holdback situation if you’re buying new construction.</p> <p>Often, builders agree to a specific closing date, but the progress is delayed due to particular circumstances. In some cases, they can get an occupancy permit, allowing buyers to move into the property, although it isn’t finished.</p> <p>While you want to trust your builders to complete the work, it may be safer to hold back some money in escrow.</p> <h3>Septic Systems</h3> <p>Many states demand the inspection of septic systems before closing. However, sellers may fail the inspection and require replacement, which tends to be expensive. That’s why many sellers who fail the inspection prefer to place funds in escrow to avoid postponing the closing.</p> <p>Typically, lenders require a seller to hold back <strong>a minimum of 1.5 times the actual cost of replacement</strong>, ensuring that any overruns are covered.</p> <h2>Escrow Holdback Requirements and Limits for Different Loan Programs</h2> <p>Since not all lenders will agree to holdbacks, you need to understand when you’re entitled to a holdback so you can follow the right process and <strong>protect yourself from loss</strong>. That said, each loan program has specific guidelines when it comes to escrow holdbacks.</p> <p>Conventional and FHA loans require completion within 180 days, and VA loans require completion within 90-120 days from closing.</p> <h3>Escrow Limits</h3> <ul> <li>FHA: $5,000</li> <li>VA: the maximum amount isn't specified</li> <li>USDA: 10% of the final loan amount</li> <li>Fannie Mae: 10% of the appraised value</li> <li>Freddie Mac: 15% of the appraised value</li> </ul> <h2>What If You Don’t Qualify for an Escrow Holdback?</h2> <p>Unfortunately, there isn’t much you can do if your lender doesn’t approve an escrow holdback. Most likely, the closing date will be changed to make time for necessary improvements before closing.</p> <p>Note that some lenders may not offer escrow holdback under any conditions because of the follow-up involved in closing the holdback or issues in completing the repairs within the time given.</p> <p>Regardless of your situation, consider finding a lender that is eager to help you navigate the home-buying process. You can do this by checking out customer service reviews in addition to rates and terms.</p> <h2>An Escrow Holdback May Benefit You</h2> <p>With escrow holdback, you don’t have to push back the closing until improvements are completed, as this will allow you to keep your closing date and get the repairs done. If you’re in a similar situation, contact <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a>.</p> <p>We are real estate professionals that created a climate where escrows aren’t a problem but a valuable tool for different real estate transactions.</p>
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      • titleEscrow 101: Is Earnest Money Refundable?
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/blog-post/is-earnest-money-refundable" }, "headline": "Escrow 101: Is Earnest Money Refundable?", "description": "“Is earnest money refundable?” is one of the most common questions among buyers. Say no more! Read on to learn all about getting your deposit back.", "image": "https://lightspeedescrow.com/files/blog/81130b61-2a27-45a7-8d6a-005df10f4c32_real-estate-illustration.jpg", "author": { "@type": "Organization", "name": "Lightspeed Escrow", "url": "https://lightspeedescrow.com/" }, "publisher": { "@type": "Organization", "name": "Lightspeed Escrow", "logo": { "@type": "ImageObject", "url": "" } }, "datePublished": "2022-11-17", "dateModified": "2022-11-17" } </script> <p>The reason you’re here is pretty straightforward: you want to know if you are getting your earnest money back. The real estate industry is full of complexities, so there’s generally a lot of confusion around earnest money, too, especially among first-time buyers or sellers.</p> <p>Keep reading as we shed some light on this burning question that probably weighs heavily on the minds of many to help you figure out <strong>how earnest money works, whether it is refundable, and how you can get it back.</strong></p> <h2>First Things First: What Is Earnest Money?</h2> <p><strong>Earnest money, also known as earnest money deposit, or simply EMD for short, represents the initial funds a prospective buyer is asked to put down once a seller accepts their offer.</strong></p> <p>Also known as a “good faith deposit” or “good faith money,” earnest money is considered a gesture of goodwill, demonstrating that the buyer is serious about following through with the purchase and incentivized to fulfill their contractual obligations. It’s basically a “monetary promise” to the seller.</p> <p>Although not officially required by law, making an earnest money deposit is highly recommended and sometimes even necessary in extremely competitive markets.</p> <h3>Why Is Making an Earnest Money Deposit Important?</h3> <p>Earnest money primarily safeguards the seller in case the buyer backs out of the deal or breaks any contingencies listed in the purchase contract, allowing the selling party peace of mind.</p> <p>However, the <strong>earnest money is a win-win</strong> situation because it also protects the buyer in case of a breach of contract on the seller’s behalf and improves their chances of securing the sale. Since you are putting money down right from the bat, it speaks that you are more likely to close and helps the seller eliminate any concerns about entering a contract and selling the property to you.</p> <h2>How Does It Work?</h2> <p><strong>Earnest money (also called an </strong><a href="https://lightspeedescrow.com/blog-post/california-escrow-requirements" rel="noopener" target="_blank"><strong>escrow</strong></a><strong> deposit) is determined during the negotiating phase, drafted into, and made upon signing the purchase agreement or the sales contract.</strong> In most real estate transactions, earnest money funds are held in an <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a> by a third-party title company, lawyer, or bank (or wherever specified in the contract) until closing, when it’s disbursed to the buyer's down payment and closing costs.</p> <p>You’re also probably wondering: How much is an earnest deposit? Since earnest money is negotiable, there's no fixed amount. The average earnest money deposit ranges between 1% and 3%, although it can get as high as 10% in highly competitive real estate markets. It depends on numerous factors, such as the competitiveness of the market, the type/condition of the property being sold, as well as financing.</p> <h3>When Is Earnest Money Due?</h3> <p>Earnest money is typically due <strong>within 3-5 days </strong>after the sales contract or purchase agreement is accepted and signed, but it can also be attached to the offer. The earnest money deposit can be paid by certified check, personal check, wired to an escrow account, or delivered straight to the seller's agent if possible.</p> <h2>The Burning Question: Do You Get Earnest Money Back?</h2> <p>It depends. Although it most often is, the earnest money isn't <em>always</em> refundable. <strong>Let’s put this dilemma to rest once and for all: earnest money is refundable, but only if specific criteria are met by their deadlines.</strong></p> <p>As long as the sale goes through successfully and no predetermined deadlines or contract agreements are breached, the earnest money <em>is </em>refundable, and home buyers can get an earnest money refund.</p> <h3>When Can You Get Earnest Money Back?</h3> <p>You are not being unreasonable or hard to please if you want to cancel the purchase and get your EMD back – it happens more than you might think. In a typical real estate market, it’s really hard for a buyer to lose their earnest money if they are operating within the agreed timeline and contract contingencies.</p> <p>However, it <em>can</em> happen, and in certain scenarios, the earnest money deposit may land in the hands of the seller. Let’s explain this in more detail.</p> <p>·       <strong>Buyers</strong></p> <p>Depending on the contingencies listed in the purchase agreement, the buyer can walk away from the contract and receive their earnest money deposit back in full if the seller breaks the contract in any way. Depending on the situation, the seller can even be forced to make additional damage payments or face other consequences for contract violation.</p> <p>However, the most common contingencies allowing the buyer to back out of the purchase and receive a refund of their earnest money are, for example, a home inspection revealing issues with the property, the property being appraised below the agreed-upon purchase price, or the buyer not being able to get the necessary financing.</p> <p>·       <strong>Sellers</strong></p> <p>Real estate contracts typically go in the buyer's favor, so they usually get to keep the earnest deposit in case of walking out before the final signings. However, the seller gets to keep some or even all of the earnest money if the buyer fails to go through the purchase for reasons not specified in the contract or fails to comply with any contingencies listed in it.</p> <p>For example, in case of a buyer’s unfounded or unreasonable change of heart, the seller will be entitled to the earnest money funds as compensation for the time their home was taken off the market due to the exclusive purchase agreement.</p> <h2>How to Get Earnest Money Back </h2> <p>In the case of a smooth transaction, the process of getting your earnest money back is relatively straightforward – the deal goes through, you get the property, and the earnest money deposit is credited to you at closing.</p> <p>However, in case you are backing out of the deal under contingencies listed in the contract, <strong>here’s a quick guide on how to get your earnest money back</strong>.</p> <ol> <li> <h3>Inform the Seller in Writing</h3> </li> </ol> <p>The first step is contacting the seller and informing them about your decision to back out <em>before</em> any contingency deadlines. You cannot simply state you no longer want to buy the property and demand your earnest money back – you must provide a valid reason within the contingencies outlined in the contract.</p> <p>So, it’s crucial to communicate your reasons for not wanting to continue with the purchase in an official written notice by the required date. Your real estate agent can help you draft one.</p> <ol start="2"> <li> <h3>Sign the Earnest Money Release Form</h3> </li> </ol> <p>The earnest money release form is signed by <em>both</em> the buyer and seller and accommodates the process of transferring the initial earnest money funding from the nominated escrow account to the entitled receiver. It asserts that the transaction went smoothly or is terminated under contingencies listed in the contract and that both parties agree the earnest money will be returned to the buyer.</p> <p>In case the parties are unable to agree on the money’s release and the seller refuses to release earnest money, further legal action may be taken. However, since earnest money is held by a neutral third party, it typically does not matter if the seller refuses to refund the earnest money as long as you claim the contingencies in the contract on time.</p> <ol start="3"> <li> <h3>Contact the Escrow Company</h3> </li> </ol> <p>After signing the earnest money release forms, it’s important that the third party involved – the escrow or title company – is also on the same page with your choice to walk away from the purchase. Inform them of your decision and send them <em>all </em>signed documents.</p> <ol start="4"> <li> <h3>Collect Your EMD</h3> </li> </ol> <p>If all is in order, the final step is to <em>collect</em> your money. You should get your earnest money deposit back in a few days. Just make sure to provide accurate payment information to the escrow or title company so they can send it back to you or simply stop by in person to pick up a check.</p> <h2>Who Gets Earnest Money If the Deal Falls Through?</h2> <p>If you're wondering who gets to keep the earnest money if the deal falls through, this also depends on whether the buyer and the seller followed the contract terms, as we previously explained in more detail. </p> <p><strong>The earnest money amount will be provided to the party legally entitled to it.</strong> If the buyer backs out of the deal because of contingencies listed in the contract, within the agreed time frame, or because the seller has failed to follow through with the agreed deal, they will get to keep their earnest money deposit. However, if the buyer breaches the contract in any way, the seller will get the earnest money.</p>
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    • 9CORE/Controller/Component/Auth/BaseAuthenticate.php
  • Config(array)
    • 0CORE/Config/routes.php
    • 1CORE/Config/config.php
  • Configure(array)
    • 0CORE/Configure/PhpReader.php
    • 1CORE/Configure/ConfigReaderInterface.php
  • Controller(array)
    • 0CORE/Controller/Controller.php
    • 1CORE/Controller/ComponentCollection.php
    • 2CORE/Controller/Component.php
  • Datasource(array)
    • 0CORE/Model/Datasource/Database/Mysql.php
    • 1CORE/Model/Datasource/DboSource.php
    • 2CORE/Model/Datasource/DataSource.php
    • 3CORE/Model/Datasource/CakeSession.php
  • Error(array)
    • 0CORE/Error/exceptions.php
    • 1CORE/Error/ErrorHandler.php
  • I18n(array)
    • 0CORE/I18n/I18n.php
    • 1CORE/I18n/L10n.php
  • Log(array)
    • 0CORE/Log/CakeLog.php
    • 1CORE/Log/LogEngineCollection.php
    • 2CORE/Log/Engine/FileLog.php
    • 3CORE/Log/Engine/BaseLog.php
    • 4CORE/Log/CakeLogInterface.php
  • Model(array)
    • 0CORE/Model/Model.php
    • 1CORE/Model/BehaviorCollection.php
    • 2CORE/Model/ConnectionManager.php
    • 3CORE/Model/Permission.php
    • 4CORE/Model/Aro.php
    • 5CORE/Model/AclNode.php
    • 6CORE/Model/Aco.php
    • 7CORE/Model/ModelBehavior.php
  • Network(array)
    • 0CORE/Network/CakeRequest.php
    • 1CORE/Network/CakeResponse.php
  • Other(array)
    • 0CORE/bootstrap.php
    • 1CORE/basics.php
    • 2CORE/Core/App.php
    • 3CORE/Core/Configure.php
    • 4CORE/Core/CakePlugin.php
    • 5CORE/Core/CakeObject.php
    • 6CORE/Event/CakeEventListener.php
    • 7CORE/Event/CakeEvent.php
    • 8CORE/Event/CakeEventManager.php
  • Routing(array)
    • 0CORE/Routing/Dispatcher.php
    • 1CORE/Routing/Filter/AssetDispatcher.php
    • 2CORE/Routing/DispatcherFilter.php
    • 3CORE/Routing/Filter/CacheDispatcher.php
    • 4CORE/Routing/Router.php
    • 5CORE/Routing/Route/CakeRoute.php
    • 6CORE/Routing/Route/PluginShortRoute.php
  • Utility(array)
    • 0CORE/Utility/Hash.php
    • 1CORE/Utility/ObjectCollection.php
    • 2CORE/Utility/ClassRegistry.php
    • 3CORE/Utility/Inflector.php
    • 4CORE/Utility/Debugger.php
    • 5CORE/Utility/CakeText.php
  • View(array)
    • 0CORE/View/HelperCollection.php
• app(array)
  • Config(array)
    • 0APP/Config/core.php
    • 1APP/Config/bootstrap.php
    • 2APP/Config/database_logger.php
    • 3APP/Config/database.php
    • 4APP/Config/routes.php
  • Controller(array)
    • 0APP/Controller/BlogPostsController.php
    • 1APP/Controller/AppController.php
  • Model(array)
    • 0APP/Model/AppModel.php
    • 1APP/Model/BlogPost.php
    • 2APP/Model/Setting.php
    • 3APP/Model/Blog.php
    • 4APP/Model/User.php
  • Other(array)
    • 0APP/webroot/index.php
  • Routing(array)
    • 0APP/Lib/Routing/Route/SlugRoute.php
• plugins(array)
  • ContactUsManager(array)
    • Config(array)
      • 0ContactUsManager/Config/bootstrap.php
  • CountryManager(array)
    • Model(array)
      • 0CountryManager/Model/StateProvince.php
      • 1CountryManager/Model/CountryManagerAppModel.php
      • 2CountryManager/Model/Country.php
  • DatabaseLogger(array)
    • Plugin(array)
      • 0DatabaseLogger/Lib/Log/Engine/DatabaseLog.php
    • Model(array)
      • 0DatabaseLogger/Model/Log.php
      • 1DatabaseLogger/Model/DatabaseLoggerAppModel.php
  • DebugKit(array)
    • Component(array)
      • 0DebugKit/Controller/Component/ToolbarComponent.php
    • Plugin(array)
      • 0DebugKit/Lib/DebugMemory.php
      • 1DebugKit/Lib/Panel/HistoryPanel.php
      • 2DebugKit/Lib/DebugPanel.php
      • 3DebugKit/Lib/Panel/SessionPanel.php
      • 4DebugKit/Lib/Panel/RequestPanel.php
      • 5DebugKit/Lib/Panel/SqlLogPanel.php
      • 6DebugKit/Lib/Panel/TimerPanel.php
      • 7DebugKit/Lib/Panel/LogPanel.php
      • 8DebugKit/Lib/Log/Engine/DebugKitLog.php
      • 9DebugKit/Lib/Panel/VariablesPanel.php
      • 10DebugKit/Lib/Panel/EnvironmentPanel.php
      • 11DebugKit/Lib/Panel/IncludePanel.php
      • 12DebugKit/Lib/DebugTimer.php
  • Gallery(array)
    • Config(array)
      • 0Gallery/Config/bootstrap.php
      • 1Gallery/Config/routes.php
    • Plugin(array)
      • 0Gallery/Vendor/ZebraImage.class.php
    • Component(array)
      • 0Gallery/Controller/Component/UtilComponent.php
  • MaintenanceMode(array)
    • Plugin(array)
      • 0MaintenanceMode/Lib/Routing/Filter/MaintenanceMode.php