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      • titleWhat Is a Closing Disclosure and What Does It Contain?
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https:/lightspeedescrow.com/blog-post/closing-disclosure" }, "headline": "What Is a Closing Disclosure and What Does It Contain?", "description": "Closing disclosure is an important document that captures all your financial obligations to your mortgage lender. Read more about disclosures in this article.", "image": "https://lightspeedescrow.com/files/blog/0b7aad86-d351-4c01-adb3-cd1d19a67482_midsection-of-hands-holding-document.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": "2022-08-23", "dateModified": "2022-08-23" } </script> <p>People often feel discouraged when talking to their lenders and do not understand a word. Some greedy lenders do it on purpose - confuse their clients so they can take as much money. However, with closing disclosures, there should be nothing left unclear and unresolved. Especially when you can compare it with your loan estimate.</p> <p>But let’s start from the beginning. In this article, we’ll cover the purpose of closing disclosures, what you can expect from each page, how long you have to analyze it, and more. You'll learn all about the final processes of mortgage purchase.</p> <h2>What is a Closing Disclosure And Why Is It Important?</h2> <p>A closing disclosure is an important legal document that summarizes everything related to your home loan. Depending on where you live and what type of lender you use, your closing disclosure may include information about your mortgage payment, fees, taxes, insurance, <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a>, and more.</p> <p>A closing disclosure gives borrowers three days to review the documents before signing off on the loan agreement. This allows borrowers to ask questions about the terms of the deal and ensure everything is accurate.</p> <p>Closing disclosures differ from credit reports because they don't report negative items like late payments or bankruptcies. Instead, they provide a list of corrections lenders might want to make to ensure the borrower understands what he or she is getting into.</p> <p>The Federal Trade Commission recommends that lenders provide a one-page summary of the key points of the loan agreement, including the APR, total amount financed, monthly payment, term length, interest rate, fees and costs, and whether there are pre-payment penalties.</p> <h2>Closing Disclosure Usually Has 5 Pages</h2> <p>Your closing disclosures include all the important information you need to know before closing on your home purchase. Everything you need to know about closing costs, property taxes, and mortgage rates is written in five pages.</p> <p>Lenders sometimes charge extra for certain types of loans. If you take out a 30-year fixed-rate mortgage, you could end up paying a premium for the longer duration. Similarly, if you finance part of your down payment with a gift, you'll likely be charged a fee to cover the tax implications.</p> <p>The good news is that most lenders offer some sort of discount for paying off closing costs early. But there are exceptions. For example, if you're buying a house in California, you won't qualify for a cash-back incentive if you close within 60 days of signing the contract. And while you can receive discounts for prepaying your principal, you must wait three months.</p> <p>In addition to standard closing costs, you'll also face additional charges if you choose to buy a home with no money down. These costs include points, origination fees, credit reports, and appraisals. You may also have to pay a seller contribution, which is a percentage of the sales price that goes toward helping fund local schools.</p> <h3>First Page</h3> <p>The first page of the closing disclosure presents you with general information about the loan and the key part-takers. There you have the information about the buyer, seller, and lender, the purpose of the loan, loan type, terms, and projected payments.</p> <p>The <em>loan terms section</em> shows you how much you have borrowed, how much is the monthly principal, and how much are going to be your monthly payments with an added rate. There, you’ll learn more about balloon payments and prepayment penalties.</p> <p>The smart thing to do it to have your loan estimate next to you and compare these two documents. A loan estimate is a loan prediction you get when you get preapproved. Estimate and closing disclosure do not have to be exactly the same, but you should have insights about potential changes, as well as the reasons behind them.</p> <h3>Second Page</h3> <p>Closing disclosure has a section on its second page that presents you with particular costs that go along with mortgage and property purchase - origination charges, projected taxes, title service, home inspection fees, commissions for real estate agents, and so on.</p> <p>Be patient when combing through errors in this part of the disclosure, as there will be many different numbers that might seem small, but can stack up over time.</p> <h3>Third Page</h3> <p>The third page of the home page is where you'll find some of the most important information about closing costs. There are many items that buyers want to know about as they approach closing.</p> <p>The third page will contain the summary of all closing transactions - how much you are due to the seller, how much is paid by the lender on your behalf, and the seller’s closing costs and taxes. It will be disclosed how much money the seller makes from the transaction.</p> <h3>Fourth Page</h3> <p>On the fourth page, you will find your <a href="https://lightspeedescrow.com/blog-post/escrow-fees">projected escrow fees</a> - annual property taxes, insurance premiums, and other costs that fall under escrow payments. Additionally, the fourth page is the one that answers hypothetical questions about your loan and your property. For example, there you will find answers to questions such as:</p> <ul> <li>What if I want to transfer a property title to another person?</li> <li>Can my lender ask for balloon payments?</li> <li>What if I don’t pay my monthly mortgage payment in time?</li> <li>What if I want to sell my property?</li> </ul> <p>All these things you need to know beforehand, so you don’t end up in an unfavorable situation that can cost you and the lender a lot of recourses.</p> <h3>Fifth Page</h3> <p>There you’ll find contact information of the parties involved, as well as additional loan calculations. Here, you can find a detailed explanation of foreclosure - in the event of several missed payments, your lender has the right to start a foreclosure process. You will find out after how many months the process will start.</p> <h2>Closing Disclosure Three-Day Rule</h2> <p>The lender needs to provide you with a copy of the closing disclosure statement at least three business days before the scheduled closing date. You'll receive it via email, fax, mail, or hand delivery.</p> <p>If you don't receive the closing disclosure statement within three business days, contact your loan servicer immediately. You're entitled to a written explanation of why you haven't received the document. Your loan servicer will send you a written response explaining what happened.</p> <p>Then, you have 10 calendar days to request a hearing. If you find errors or omissions in the closing disclosure statement, notify your loan servicer. They'll work to correct the problem.</p> <h2>Your Loan Cannot Be Denied After You Get a Closing Disclosure</h2> <p><strong>Only in case you’ve drastically changed your life in a span of a few days</strong> - lost a job, lost a lot of money, or it is proven that you have tampered with information you’ve provided - <strong>can the lender deny your loan so late in the process</strong>. In that case, the seller has the right to keep your <a href="https://lightspeedescrow.com/blog-post/earnest-money">earnest money</a>, and you even might have to pay some penalties.</p> <h2>Sellers at Closing</h2> <p>Sellers receive a closing disclosure at the same time as the buyer and have the same three-day period to respond with any complaints. At closing, sellers pay closing costs and other real estate fees.</p> <p>Oftentimes, it is the escrow holder that slows down the closing process. Precisely why a group of real estate experts and professionals founded <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a> - a company for all your escrow needs.</p> <p>We are trustworthy, efficient, and we understand how important it is for each party that the process runs smoothly. <a href="https://lightspeedescrow.com/contact-us">Contact us today</a> for more information about escrows.</p>
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      • titleEarnest Money Definition: What It Is & How It Works
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/earnest-money" }, "headline": "Earnest Money Definition: What It Is & How It Works", "description": "Tune in as we break down the earnest money definition and explain how the “good faith deposit” safeguards both parties during a property purchase.", "image": "https://lightspeedescrow.com/files/blog/9146a997-8044-4dd7-99bd-5cbec22fcf90_closeup-image-of-hands-holding-house-model-and-coins.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": "2022-08-15", "dateModified": "2022-08-15" } </script> <p>In today’s crowded real estate market, ensuring your offer on a home will stand out is crucial to securing the deal. There are several ways to let a seller know you’re serious about buying a home, and putting down an earnest money deposit is one of them.</p> <p>Since the complex real estate universe and terminology alone can make anyone’s head spin, in this article, we will break down what earnest money is, how it works and how to use the earnest money deposit to your advantage when buying and even selling a house.</p> <h2>Earnest Money Definition: What Is Earnest Money, Exactly?</h2> <p>Earnest money is a deposit made to a seller to show that the buyer is serious about purchasing a property, demonstrating the intent to buy a home. Earnest money also gives the buyer more time to secure financing and funding, conduct a title search, and have the property valued and inspected before closing. <strong>Thus, in many ways, earnest money definition can be considered a good faith deposit, a down payment on a home, or an escrow deposit</strong>.</p> <h3>Why Is Making An Earnest Money Deposit Important?</h3> <p>Although earnest money is not required to be part of a home offer by law, it’s a standard practice in most real estate transactions in the US. <strong>In most cases, sellers will ask for a good faith deposit before accepting a purchase contract as it safeguards the interests of both the seller and the buyer and acts as “added” insurance for both parties</strong>.</p> <p>Earnest money acts as “goodwill money” to show the seller that the potential buyer is serious about purchasing the home, which can be reassuring in the case of taking the house off the market while awaiting the appraisal and inspection results. It decreases the likelihood of a buyer placing multiple offers and protects the seller in case the buyer backs out of the agreement.</p> <p>On the other hand, the buyer can have peace of mind knowing that if the deal fell through due to failed contingencies listed in the contract, they would get their earnest deposit back. When buying properties with high demand, a substantial earnest money deposit can also drive the seller to select your offer over others, help you get more favorable contract terms, and lower the amount you need at closing since it's applied directly to your down payment or closing costs.</p> <h3>How Much Earnest Money Does a Homebuyer Need to Pay?</h3> <p><strong>The amount of earnest money is negotiable and mainly varies depending on the local real estate market but typically falls somewhere between 1% and 2% of the purchase price</strong>. A lower earnest money deposit may be suitable for a fixer-upper in a slow market, while in competitive, hot markets with multiple buyers, sellers are more likely to expect higher earnest money amounts that might range between 5% and 10% of the sales price.</p> <h2>How the “Good Faith Deposit” Works</h2> <p>After the seller accepts an offer, both the seller and buyer sign a real estate contract that defines the conditions of refunding the earnest money. The buyer delivers the earnest money deposit amount when entering into the purchase agreement, and the seller takes the home off the market until the sale successfully closes.</p> <p>Earnest money is usually held on an <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a> or a third-party trust like a legal firm, real estate broker, or title company until the sale is wrapped up.</p> <h3>What Happens to Earnest Money at Closing?</h3> <p>The sale is only finalized when all the criteria covered by the contingencies listed in the purchase agreement are met. They typically include (but aren’t limited to) inspection, appraisal, and mortgage approval, among other items.</p> <p>The earnest money deposit funds remain in the trust or escrow account until closing when they get applied to the buyer's down payment or closing costs or forfeited to the seller in case the buyer fails to follow through on their end of the bargain.</p> <h3>Who Keeps Earnest Money?</h3> <p>Depending on how the deal goes through, one of the following scenarios can happen:</p> <ul> <li>If the deal goes smoothly and the buyer proceeds with the home purchase, the earnest money is put towards the buyer's down payment and closing costs.</li> <li>If the seller terminates the deal for any reason not listed in the contingencies or the buyer backs out because of contingencies included in the contract, the earnest money gets returned to the buyer.</li> <li>If the buyer decides not to purchase the home for a reason not covered by the contract, the buyer forfeits the earnest money, which then goes to the seller.</li> </ul> <h3><a href="https://lightspeedescrow.com/blog-post/is-earnest-money-refundable">Is Earnest Money Refundable?</a></h3> <p>One of the most common questions about this good faith deposit is: “Can I get my earnest money back?” <strong>Earnest money is refundable under certain conditions, depending on the contingencies in the contract that allow the buyer to recoup their deposit</strong>.</p> <p>The buyer always gets an earnest money refund if something goes wrong, such as an appraisal turning out to be lower than the sale price or a significant flaw with the house has been discovered during the inspection. If the seller terminates the deal without a valid reason or over contingencies not listed in the contract, the buyer gets their earnest money deposit back.</p> <p>However, the earnest money isn't always refundable. The seller gets to keep the earnest money if the buyer has a change of heart and decides not to go through with the home purchase for contingencies not listed in the contract or fails to meet any of them.</p> <h2>Protect Your Earnest Money with the right Escrow Services</h2> <p>The real estate market isn't immune to fraud and buying a home is a big purchase you shouldn’t bargain with. To prevent forfeiture and ensure the earnest money deposit is handled adequately, you need a reputable escrow company like <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a> in your corner to safely hold the earnest money until closing, protect both parties in the transaction and ensure they abide by the sales contract.</p>
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      • autor_nameLightspeed Escrow
      • titleComprehensive Guide Through an Escrow Analysis Statement
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/blog-post/guide-through-an-escrow-analysis" }, "headline": "Comprehensive Guide Through an Escrow Analysis Statement", "description": "An escrow account is a valuable tool for managing finances, and an escrow analysis reviews those finances. Read more about it and an escrow statement in this article.", "image": "https://lightspeedescrow.com/files/blog/01340818-81b4-4ef8-859d-0cb675333788_property-icons-on-wooden-cubes.jpg", "author": { "@type": "Organization", "name": "Lightspeed Escrow", "url": "https://lightspeedescrow.com/" }, "publisher": { "@type": "Organization", "name": "Lightspeed Escrow", "logo": { "@type": "ImageObject", "url": "https://lightspeedescrow.com/img/logo.png" } }, "datePublished": "2022-08-08", "dateModified": "2022-08-08" } </script> <p>Any homeowner would tell you that an escrow account can help you manage your finances more proficiently. You don’t have to think about lump sums for taxes and insurance premiums, and their dues. Each month you pay one installment of a large annual or semi-annual payment, and you are done. An escrow analysis is an essential part of managing those finances.</p> <p>An escrow analysis is essentially a periodical review of your escrow account. That way, your escrow holder knows if there will be enough money in your bank account for the next payment. The escrow analysis statement provides information about the ending balance of your escrow account. It lists the total amount remaining after covering your current obligations.</p> <p>In this article, we’ll go from the beginning and explain the purpose of escrow accounts and guide you through your average escrow statement, so you know what awaits you on the other side of homeownership.</p> <h2>The Purpose of an Escrow Account</h2> <p>You might think, ‘’Why can’t I pay these costs on my own?’’. Well, your lender might have requested this third-party account because it is the safest way to ensure that annual payments are paid in full and on time. This is their way of making sure you will not spend the money for <a href="https://lightspeedescrow.com/blog-post/when-are-property-taxes-due-in-california">property taxes</a> on something else that might be more urgent at the moment.</p> <p>The lender owns a legal title to your property and is responsible for every lien on it until the loan is paid off. That is why your homeowner costs and their unfulfillment present a liability to a lender. Additionally, escrow accounts help you manage your home budget and protect you from lump sums during the holidays when you probably have other expenses.</p> <p>So, when you pay your monthly mortgage payment, together with a mortgage premium installment and an added rate, you will be paying a certain escrow amount. That amount varies from homeowner to homeowner and depends on the state or county, the size of the house, and even the neighborhood.</p> <p>If you use an escrow account, you will receive an escrow disclosure statement every year. This document is actually a byproduct of an escrow analysis.</p> <h2>What is an Escrow Analysis?</h2> <p>An escrow account is a type of savings account that holds your money, and you cannot make withdrawals from that account. It protects you from unexpected costs. Any amount of money you put on that account you cannot simply take back.</p> <p>However, an escrow analysis serves as a tool to check how much money is there and how much money is supposed to be there. If the two don’t coincide, there will need to be a rebalancing of your account.</p> <p>The beginning balance is the amount you need in your escrow account in order to ensure there are enough funds to pay your real estate tax and insurance premiums for the upcoming year. A projection summary shows the amount you should expect to spend each month throughout the next twelve months.</p> <h2>Escrow Analysis: Rebalance</h2> <p>Rebalance can show two things. Either you have too much money in your bank account or too little. An escrow analysis is usually done in the first few months of the year after all expenses for the past year have been paid. If during that time you have a residual, your escrow holder will send you a check – a refund check.</p> <p>If the escrow analysis shows that you owe money, it means that your property tax and homeowner's insurance might be higher than before. You will have two options presented:</p> <ul> <li>Your future escrow payments adjust to the new expenses, and you pay a lump sum owed from the previous year.</li> <li>Your future escrow payments adjust to the new expenses plus the sum you owe for the previous year.</li> </ul> <h3>Escrow Refunds</h3> <p>For a homeowner, an <a href="https://lightspeedescrow.com/blog-post/escrow-refund">escrow refund</a> is something like a breeze of fresh air. Most envelopes that come their way are either bills or statements. However, sometimes, an escrow analysis shows that you have an unneeded surplus and your mortgage servicer sends you your money back.</p> <p>This check will always be more than $50 because that is the maximum amount of excess money that can be considered a surplus. Homeowners who paid off their mortgage before the last disbursement can expect their full yearly insurance premium and tax installments to arrive in the mail.</p> <h3>Escrow Shortages</h3> <p>Most homeowners don’t know what an escrow shortage is until it happens to them. But it’s one of those things that seems like it shouldn’t exist — and yet it does. And it’s happening to many people across the nation.</p> <p>The average homeowner spends $1,500 per year on escrow fees. Some spend even more. A recent study found that the median amount spent annually on <a href="https://lightspeedescrow.com/blog-post/escrow-fees">escrow fees</a> was $3,800. For borrowers who bought homes during the housing bubble, the average escrow fee hit $6,400.</p> <p>Why do escrows run dry? Sometimes it’s because the homeowner hasn’t paid enough taxes or insurance premiums. Other times, it is because the property has undergone some major construction that adds to the value.</p> <p>But it isn’t always easy to determine whether you have an escrow shortage. The truth is that most escrow problems aren’t obvious. They’re hidden inside paperwork that you never see. And that’s where we come in. We’ve put together this guide to help you figure out whether you have an issue with your escrow. Once you know, you can take action to fix it.</p> <h2>How to read your escrow analysis statement</h2> <p>After your escrow holder has ended the escrow analysis, they will create a statement - a visual review of all yearly transactions to and from your escrow account. You’ll then receive the statement, and if there is a need for a rebalance, you’ll receive it along with the refund check or a request to pay what you owe.</p> <p>It is essential to know how to read your escrow account statement. There will be a lot of numbers, but don’t let them confuse you. There will be a column that presents all your monthly escrow payments. Parallel with that column will be another one that presents you with each disbursement. Those are not done monthly, but annually or semi-annually.</p> <p>The third column is called projected escrow balance, and there it shows the next 12 months in escrow payments. Those projections always include a few hundred dollars more than what you’re actually due, in case of some unexpected raised costs.</p> <p>There will be an account history where you can compare last year’s projected payments with the actual costs of the account. This will help you understand next year's installments much better. If there is a surplus or a shortage, it will be explained in more detail in a separate section.</p> <h2>Working with an Experienced Escrow Company Can Help</h2> <p>When you are working with a professional that cares about you, there can’t be unanswered questions. There are a lot of escrow companies that keep their clients in the dark, but <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a> isn’t one of them.</p> <p>Moreover, we are a team of real estate professionals who know that escrows can sometimes be confusing. We are more than open to answer any and all questions that you may have about escrows, escrow analysis, and more.</p> <p>We are reliable and fast in all real estate transactions. <a href="https://lightspeedescrow.com/contact-us">Contact us</a> for all your escrow needs.</p>
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      • short_descriptionAn escrow account is a valuable tool for managing finances, and an escrow analysis reviews those finances. Read more about it and an escrow statement in this article.
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      • titleWhat Is a Grant Deed and How Does It Work?
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/blog-post/grant-deed" }, "headline": "What Is a Grant Deed and How Does It Work?", "description": "A grant deed offers unique benefits and protections to real property buyers. Learn more about this type of deed to decide whether it’s the right option for you.", "image": "https://lightspeedescrow.com/files/blog/77bcb7b8-4780-4209-a64c-b10fdb96d4c1_the-home-broker-recommends-the-client-to-sign-the-document.jpg", "author": { "@type": "Organization", "name": "Lightspeed Escrow", "url": "https://lightspeedescrow.com/" }, "publisher": { "@type": "Organization", "name": "Lightspeed Escrow", "logo": { "@type": "ImageObject", "url": "https://lightspeedescrow.com/img/logo.png" } }, "datePublished": "2022-08-02", "dateModified": "2022-08-02" } </script> <p>If you’re about to engage in a real estate transaction, you need to gain a basic knowledge of deeds. And if you’re transferring or acquiring title to real property, you need to understand the different types of deeds and how you can benefit from them. This includes a <strong>grant deed</strong>, which is commonly used when the property is being obtained through a tax or foreclosure sale.</p> <p>Grant deeds, also known as “California grant deeds” because they are typically used in this state, are legal documents that offer unique protections to buyers. It’s an insurance policy the property seller provides to the buyer to ensure the buyer has no ethical or financial liability for future challenges to the property’s ownership.</p> <h2>What Is a Deed?</h2> <p><strong>A deed refers to a legal document that transfers title to real property from one party to the other</strong>. The party can be a person, a business entity, an estate, or a trust. The party transferring title is called the transferor or the grantor, and the party receiving title is called the transferee or the grantee.</p> <p>There are two primary types of deeds:</p> <ul> <li><strong>Quitclaim deeds:</strong> With quitclaim deeds, the grantee has no guarantee that the grantor has an interest in the property. If the grantor doesn’t have title to the property or there are issues with the title, the grantee has no legal recourse against the transferor.</li> <li><strong>Warranty deeds:</strong> With this type of deeds, including a grant deed, the grantor provides the grantee with one or more legally enforceable warranties or assurances regarding the title to the property.</li> </ul> <p>Warranty deeds may include exceptions for specific limitations on the property, such as a mortgage, property taxes owed, easements, and subdivision deed restrictions. That means that if any such exceptions are stated in the deed, they won’t be subject to warranties.</p> <p>Note that there are two types of warranty deeds:</p> <ol> <li><strong>General warranty deeds:</strong> General warranty deeds guarantee that there are no undisclosed title issues with the property. This also relates to the time before the grantor obtained the property. Moreover, it required the transferor to pay any legal expenses that may be incurred if a title issue emerges. Essentially, the grantor promises that there are no undisclosed title problems and that they will pay to defend the title in court. That said, a general warranty deed offers the transferee all the protection they can get.</li> <li><strong>Grant deeds: </strong>This type of deed is also known as a limited warranty deed or a special warranty deed, and it gives the grantee some, but not all, of the assurances of a general warranty deed. The typical grant deed makes two warranties. The first warranty is that the transferor hasn’t transferred the property to anyone else, and the second one is that there are no title issues that emerged during the time the grantor has held the title. However, a grant deed doesn’t give warranties as to any claims that may have occurred before the transferor obtained title and doesn’t promise to pay legal costs of defending any title claims.</li> </ol> <h2>What Are the Uses of Deeds?</h2> <p>The type of deed used depends on the nature of the property transfer and the relationship between the grantor and grantee.</p> <p>Quitclaim deeds make no guarantee to the buyer that there are no liens on the property. That means when a buyer receives this type of deed on a property, he takes a significant risk compared to other types of deeds. That said, quitclaim deeds are typically used in transfers between family members, into or out of the transferor's trust or business, or to correct a mistake in a warranty deed.</p> <p>General warranty deeds are considered the best property deeds because this type of deed provides the most protection. That’s why these deeds are often used when the grantor and grantee don’t know each other and money is changing hands. Note that a general warranty deed is almost always necessary when the buyer is getting a mortgage to finance the purchase.</p> <p><strong>Grant deeds are typically used when the grantee is obtaining title in a tax or foreclosure sale</strong>. It can be viewed as a middle ground, providing the grantee a level of protection somewhere between a general warranty deed and a quitclaim deed.</p> <h2>How Does a Grant Deed Work?</h2> <p>The purpose of a deed is to offer <strong>legal protection to buyers of real property</strong>. Grant deeds are often used when a grantee is obtaining real property in a foreclosure or tax sale. That said, they may also be held in escrow during a real estate transaction.</p> <p>With grant deeds, grantees benefit from buying property below market value, and grantors risk less by making fewer guarantees. That’s why, for buyers, they are considered more favorable than quitclaim deeds but less advantageous than general warranty deeds.</p> <p>A grant deed includes:</p> <ul> <li>Names of grantor and grantee</li> <li>Date of sale</li> <li>Property description</li> <li>Signature of grantor</li> <li>Notary public acknowledgment</li> <li>Warranty statements</li> </ul> <h2>Does a Grant Deed Need to Be Notarized?</h2> <p>A grant deed is a legal document that governs what protection a buyer gets when a seller transfers ownership of the real estate, and it <strong>only needs to be notarized following state law</strong>. So, check your state legislature’s website or talk to a real estate lawyer in your area to discover whether a grant deed needs to be notarized in your state or not.</p> <p>Getting a grant deed notarized is a vital step to making this document legally binding because a notary public must be physically present while both parties sign the grant deed to display their seal that certifies that the signatures are legitimate. You can think of a notary as a witness with legal permission to bear witness to legal binging concerns.</p> <h2>How to Obtain a Grant Deed</h2> <p>Getting a grant deed isn’t as complicated as many might think. The first step is to <strong>find a property you want to buy</strong>. You can do this by checking your local newspaper’s classified ads, searching the web, or asking your friends, family, and acquaintances.</p> <p>Foreclosure or tax sales are some of the most common exchanges that involve grant deeds. These types of sales are favorable because you have the opportunity to save money on the purchase agreement as such sales often occur at auctions. So, it may be a good idea to check your classified ads search or reach out to your local government agency to find a property auction near you. Real estate agents may also help.</p> <p><strong>You can only request a grant deed in the negotiations phase of a sale</strong>. Note that while grant deeds provide some level of protection, they may not always be the best alternative for the transfer of ownership of the real estate. General warranty deeds protect the buyer more and are the best option if you’re looking to buy a property.</p> <p>However, in some cases, a general warranty deed isn’t on the table nor is needed. And if you want additional protection when getting a grant deed, consider performing a deed search to get more insight into the property you’re interested in before closing the deal.</p> <h2>Protect Yourself During a Real Estate Transaction</h2> <p>After reading this article, you have a good idea of what a grant deed is and what protections it offers to buyers.</p> <p>With the grant deed, you have a guarantee that the grantor hasn’t transferred the property to someone else and that there are no title problems that emerged during the time the grantor has held the title. However, unlike general warranty deeds, grant deeds don’t give warranties as to any claims that may have happened before the grantor acquired the title and doesn’t promise to pay legal expenses of defending title claims.</p> <p>If you’re looking to buy real property and need the help of a professional, Lightspeed Escrow can help you get a grant deed and facilitate it. Contact us for any additional information you might need, and we’ll be glad to help.</p>
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      • titlePurchasing Contract: What Does Contingent Mean in Real Estate?
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/what-does-contingent-mean-in-real-estate" }, "headline": "Purchasing Contract: What Does Contingent Mean in Real Estate?", "description": "What does contingent mean in real estate? Pending Vs. Contingent? There are many complicated terms when it comes to real estate, and we are here to help you figure it out.", "image": "https://lightspeedescrow.com/files/blog/3d2bb4f6-9576-4285-a537-bec302cdd55e_manager-handshake-with-asian-couple.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": "2022-08-01", "dateModified": "2022-08-01" } </script> <p>A contingent property means that there are some conditions attached to the sale. This could mean anything from meeting specific requirements to passing a background check. If you buy a home without knowing exactly what you're getting yourself into, you could end up losing money.</p> <p>Contingency clauses are common in real estate deals. They protect both sides of the transaction. The buyer doesn't want to find out later that the seller didn't actually take care of something important. On the other side, the seller doesn’t want to get stuck in the sales process for too long, and lose value of their property.</p> <h2>Common Real Estate Statuses</h2> <p>When a seller puts the house on the market, that house can go through several statuses before actually getting sold. Listed houses go through stages of the selling process, but the one that’s the most interesting for the buyer is an active listing.</p> <p>Active listings are opened for offers, which means that the seller did not accept any offers and that it is open for showings. You can get all information about this property as a buyer and make an educative offer.</p> <p>Between active and sold, there are many different combinations of statuses. However, what many people wonder about it is what does contingent mean in real estate and how it differs from a pending listing.</p> <h3>Pending Listing</h3> <p>A property listed as pending has passed all clauses of the sales agreement and is approaching closing. However, there is still a chance that the sale will fall through.</p> <p>Take-backs are common during real estate transactions. If you find yourself in this position, it might mean that the buyer or the seller wants to renegotiate some terms before the transaction closes. That’s why the house is not sold until everything is settled and the title is transferred to the buyer.</p> <p>The term “backup offer” refers to an offer that is contingent upon another offer falling through. For example, let’s say that you want to sell your home for $300,000. You receive an offer of $320,000. However, the buyer backs out of the deal because he/she doesn’t like the neighborhood. So, you make a backup offer of $310,000.</p> <p>If the original offer fails to close, you still get what you wanted—the home sold for $310,000. Backups give sellers a way to negotiate down the asking price without losing the property entirely.</p> <p><strong>The main difference between pending and contingent is the fact that a pending listing is much closer to closing than a contingent.</strong> Let’s expand on that in the next chapter.</p> <h3>Contingent Listing</h3> <p>When a seller accepts the offer, they and the buyer sign a purchase contract or sales agreement. This document can allow both of them some wiggle room to negotiate other terms and back out of the sale if something undisclosed arises.</p> <p>The wiggle room is created by the contingencies that buyers and sellers put in the contract. Those clauses create conditions that each party must meet in order to proceed with the sale. Property is in the contingent status in the timeframe during which the signatories meet the contingencies.</p> <p>When a sale is on hold due to contingencies, you should consider listing your property as a contingent selling listing. This lets potential buyers know that you’re open to offers but with conditions.</p> <p>If you want to sell your home fast, you should remove contingencies before putting your house back on the market. Once you do this, you’ll likely receive multiple offers and close faster than if you hadn’t removed the contingencies.</p> <h2>What Does Contingent Mean In Real Estate?</h2> <p>A contingency clause is a term used in real estate transactions where both parties agree to certain terms and conditions before signing a contract. These clauses are often included in contracts because it helps protect both sides from unforeseen circumstances.</p> <p>There are many different types of contingencies that can be negotiated in real estate deals. Which item will be included in the contract is up to the sellers and buyers who are signing it.</p> <p>However, if you are a buyer borrowing money for a property, most likely that a mortgage contingency will be included in the contract. Similarly, lenders will probably require a title or inspection contingency just so that there are no unresolved issues and liabilities on their investment.</p> <h3>Home Inspection Clause</h3> <p>The home inspection contingency is an important clause in the sales contract because it <strong>allows the buyer to stop the sales process in case any major repairs arise</strong>. This contingency clause is one way to protect yourself during negotiations.</p> <p>If you are purchasing a home that needs work, it is important to ask about the seller’s inspection policy. This is especially true if there are problems with the property, such as termites, mold, water damage, etc.</p> <p>Buyers often waive inspection contingencies in competitive markets. In fact, most sellers will conduct an inspection before listing their properties. However, buyers don’t trust blindly the pre-inspection results as they could be tampered with by the seller.</p> <p>Here are some things to consider when a buyer insists on inspection contingency:</p> <ul> <li>How long will the inspection take?</li> <li>What happens if the buyer finds something wrong with the house?</li> <li>Will the seller pay for repairs?</li> </ul> <h3>Mortgage or Financing Contingency Clause</h3> <p>A mortgage contingency clause or a financing contingency allows the buyer to back out of the sale in case of not getting approved for a loan without losing their earnest money. <a href="https://lightspeedescrow.com/blog-post/earnest-money">Earnest money</a> is in an escrow account and is usually 10% to 20% of the purchasing price.</p> <p>Buyers usually get prequalified and/or preapproved for a loan. Prequalifying is not the same thing as preapproving. Preapproval means more to the buyer because, unlike prequalifying, it doesn’t just give them the ballpark estimate - it provides the concrete answer on how much can they borrow and under what terms.</p> <p>Still, neither preapproval nor prequalification guarantees that the buyer will get the loan. The financial situation of the buyer can change in the meantime, or the market can shift. For example, if the mortgage rate increases significantly in the meantime - a buyer will not be able to afford the same loan.</p> <p>Mortgage contingency gives them a way out of the sale, without losing earnest money. So they can search for the house in their new, adjusted budget.</p> <h3>Appraisal Contingency</h3> <p><strong>A home appraisal contingency allows the buyer to know what the true market value of the property</strong> is before signing the contract. This clause protects both parties from getting stuck with a high or low valuation during negotiations.</p> <p>The seller and buyer agree on a price based on the home’s current market value. If the home appraises for less than the agreed-upon amount, the lender will require a re-negotiation of the loan amount</p> <h3>Title Contingency Clause</h3> <p>A title contingency helps to protect buyers against any possible future claims. There could be issues with mortgage loans, liens, encumbrances, etc. These things need to be cleared up prior to closing. This protection gives you peace of mind knowing that if anything does come up, it won't affect the sale.</p> <p>Additionally, you can protect yourself by signing a warranty deed that obligates the seller to take responsibility for any potential issues regarding the property's title.</p> <h2>Can You Make an Offer on a Property in Contingency Status?</h2> <p>During your search through listings, you might find that many of them carry labels that are even more complicated than just “contingent” or “pending”. That is because there are a few contingents subcategories, depending on how open the seller is to new offers.</p> <p>The most common statuses are Contingent: Continues to Show and Contingent: No Show. <strong>The first one signifies that the seller is open to backup offers</strong> - maybe they suspect the buyer will not get approved, or other contingencies might take too long. <strong>If the contingent listing is a no-show - the seller is confident that the sales process has a clear path to the closing</strong>.</p> <p>You have the right to make an offer on any property you want, but you should consult with your agent before doing so. It is best not to spend your resources and time on making an offer that will never bring you a house.</p> <h2>How Long Can a Property Be Contingent?</h2> <p>A mortgage contingency period typically lasts anywhere from 30 to 60 days. During this time, you agree with your lender to the terms of the loan, including interest rates and payment amounts. This gives you time to secure financing and make sure everything goes smoothly once you close on the purchase.</p> <p>Inspections are another part of buying a house; however, it depends on what type of inspection you want. A pre-listing inspection is done prior to listing the property for sale. An open house inspection happens during the open house event itself. And a final walk-through inspection takes place after closing.</p> <p>Some sellers limit the period for meeting the finance contingency, and some buyers limit the period during which repairs must be completed. Each sales contract allows for parties to put their own clauses and conditions. <strong>However, properties are, on average, listed as contingent for 60 days</strong>.</p> <h2>What Happens to the Earnest Money?</h2> <p>Earnest money is the amount of money the buyer transfers to open an <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a> when the sales contract is signed. The escrow holder is responsible for more than just holding the money until the closing. Rather, they are following closely the resolution of contingencies, dealing with repairs, and title issues - and ensuring that everything goes according to the sales agreement.</p> <p>You need a reliable escrow holder! We can help you with that. We are real estate experts who know how big of an inconvenience can an unreliable escrow holder be - so we decided to fix this. Contact <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a> for the best escrow service in California.</p>
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    • 0CORE/Cache/Cache.php
    • 1CORE/Cache/Engine/FileEngine.php
    • 2CORE/Cache/CacheEngine.php
  • Component(array)
    • 0CORE/Controller/Component/AclComponent.php
    • 1CORE/Controller/Component/Acl/DbAcl.php
    • 2CORE/Controller/Component/Acl/AclInterface.php
    • 3CORE/Controller/Component/SessionComponent.php
    • 4CORE/Controller/Component/CookieComponent.php
    • 5CORE/Controller/Component/PaginatorComponent.php
    • 6CORE/Controller/Component/AuthComponent.php
    • 7CORE/Controller/Component/RequestHandlerComponent.php
    • 8CORE/Controller/Component/Auth/FormAuthenticate.php
    • 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