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      • id15
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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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      • id14
      • sluggrant-deed
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      • autor_nameLightspeed Escrow
      • 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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      • id13
      • slugwhat-does-contingent-mean-in-real-estate
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      • autor_nameLightspeed Escrow
      • 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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      • short_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.
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      • titleWhat Is Escrow Disbursement: Definition, Advantages, and Disadvantages
      • body<script type="application/ld+json"> { "@context": "https://schema.org", "@type": "BlogPosting", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://lightspeedescrow.com/blog-post/escrow-disbursement" }, "headline": "What Is Escrow Disbursement: Definition, Advantages, and Disadvantages", "description": "Having an escrow account means that you don’t have to make a large sum at the end of the year. An escrow officer does that for you with an escrow disbursement.", "image": "https://lightspeedescrow.com/files/blog/7d0b0874-9a7f-49fd-8b3a-f52f8cd4ed39_toy-house-and-money-on-the-graph.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": "2022-06-30", "dateModified": "2022-06-30" } </script> <p>An average homeowner has many expenses. From mortgage payments to living costs - it is sometimes hard to keep track of all things there are to be paid during the year. So it's no wonder you might panic when you get to an escrow disbursement. If you don't know what that is, you might think to yourself ''What now?''</p> <p>Even before becoming a homeowner, it is best to get familiar with some processes and reasons behind them, so as not to get taken by surprise along the way. Escrow can be a confusing term because there are two types of escrows in real estate, but once you understand the difference between them it will be easier to grasp the concept of escrow disbursement.</p> <h2>What is Escrow in Real Estate</h2> <p>The real estate industry uses tools and regulations to protect the people who enter the market, as well as those who provide the services. An escrow is just that - a bank account run by an impartial third party that holds the borrower's or buyer's money.</p> <p>An escrow can be the intermediary that holds <a href="https://lightspeedescrow.com/blog-post/earnest-money">earnest money</a> during the home sale, or a bank account that collects homeowner fees during the year, so you don't have to pay an annual lump sum. Both of them have a distinct role in real estate transactions.</p> <p>An escrow transaction during the sale helps to protect both sellers and buyers from breaking the sales contract. This escrow account closes at closing, after which you open a more long-term account for escrow funds. Most lenders will require you to open an escrow account.</p> <p>Escrow accounts that exist during the life of the loan are there to ensure you are paying your dues. In addition to paying monthly mortgage payments, plus interest - a sum of money will be transferred to your escrow account, to cover insurance and <a href="https://lightspeedescrow.com/blog-post/when-are-property-taxes-due-in-california">property taxes</a>.</p> <h3>PITI Payment</h3> <p>Real estate agents use abbreviations to explain common real estate transactions and processes. Therefore, they often use the acronym PITI payment to explain the whole sum of a monthly mortgage payment - Principal + Interest +Tax + Insurance.</p> <p><em>Principal</em> refers to the part of the loan you are actually paying off that month. <em>Interest </em>is pretty self-explanatory - depending on a mortgage rate you’ve unlocked, you are paying interest on a principal. This money goes directly to the bank account of your lender.</p> <p>The other part of most monthly payments is transferred to an escrow account. Funds in escrow are collected throughout the whole year and you cannot spend them. Rather, an <a href="https://lightspeedescrow.com/blog-post/the-role-of-an-escrow-officer-in-real-estate">escrow officer</a> collects your money and makes annual payments of such costs in your name.</p> <p>Both <em>property taxes</em> and <em>homeowner insurance</em> installments are usually due in December, so an escrow account spares you from making a sum payment during the holiday season.</p> <h2>Escrow Disbursement</h2> <p>Escrow disbursement is actually the act of dispensing the escrow money, in this case on property taxes and insurance policies. Each escrow officer has a contract that obliges them with the responsibility of making a money transfer at a certain time of the year.</p> <p>When a buyer makes regular monthly payments to an escrow fund, it is entirely the escrow officer’s legal responsibility to make payments on time, otherwise, they can be facing a lawsuit.</p> <p>An escrow disbursement can refer to the buyer-to-seller transaction upon purchasing a house. When all the conditions from the sales contract are met, and both parties are ready to sign closing papers - that’s when an escrow disbursement of earnest money occurs.</p> <p>An escrow agent will then release the buyer’s money from the escrow account into the seller’s private bank account. Earnest money deposits are almost always regulated using the escrow account for added protection.</p> <p>Escrow disbursement for tax and insurance payments is something that a homeowner gets notified about so they can keep track of their obligations. However, they don’t need to set aside money and make a thousand-dollar payment during the busiest time of the year.</p> <h2>Escrow Disbursement Refund</h2> <p>If you are lucky, you might get an escrow disbursement refund check in the mail upon the next escrow account analysis. The most common way to get a refund is to pay off your loan entirely and sometimes even when you’re refinancing - if the tax or the insurance is lowered. It doesn’t have to be a huge check, but it certainly puts a smile on your face and unplanned money in your pocket.</p> <p>Depending on the location, property description, and how much you’ve paid upon closing, you could be seeing up to a few thousand dollars on the refund check. This could happen to you a couple of weeks after an escrow account analysis, or 20 days from when you paid off your mortgage.</p> <p>When you’re refinancing your mortgage you could be having an escrow disbursement refund only when you’re changing lenders who are working with different escrow servicers.</p> <p>Moreover, if any kind of change happened just after an escrow disbursement came through, you might not be getting a large refund, as the money has already been used to pay expenses. The money you get from an <a href="https://lightspeedescrow.com/blog-post/escrow-refund">escrow refund</a> is yours and you can spend it however you want.</p> <h2>Who Manages Escrow Accounts?</h2> <p>Escrows upon purchases are usually run by a title company, but homeowners’ escrows are dealt with by a lender and a mortgage servicer. A mortgage servicer is getting your payments and passing them onto tax authorities, investors, and insurers.</p> <p>Most people work with their lenders’ mortgage servicing companies, but you can always choose your own escrow holder. You want them to be responsible and reliable. It’s not only about collecting and holding the money, it’s about precise estimations of expenses, as well as fair refunds if they’re due.</p> <p>The biggest downside of an escrow is that it creates higher monthly expenses for the homeowner, but it assures the funds for annual financial obligations. Many people would save up, but put their hand in that jar as soon as things start to heat up. The escrow holder is making it impossible to stip yourself out of that money.</p> <h2>How to Find a Reliable Escrow Servicer?</h2> <p>Finding a reliable escrow servicer is easy with <a href="https://lightspeedescrow.com/">Lightspeed Escrow</a>. If you are in search of a specialized escrow holder and you live in Southern California, contact us and our first available officer will contact you immediately. We are dealing with both real estate and homeowner escrow disbursement, so you can rely on us from the beginning.</p>
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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/is-california-a-community-property-state" }, "headline": "Is California a Community Property State?", "description": "Community property states are states where community property law rules. Is California a community property state, and how does this law work? Discover here.", "image": "https://lightspeedescrow.com/files/blog/3189c4f8-fa8a-45f2-a9fe-d6b3fe650de8_street-with-palm-trees-in-california.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": "2022-09-20", "dateModified": "2022-09-20" } </script> <p>Community property, also known as marital property, spousal assets, and marital assets, is vital when it comes to divorce, estate law, and taxes. It encompasses all assets you obtained during the marriage.</p> <p>Community property states are states where community property law rules. Here, couples must split equally all assets acquired during their marriage, including real estate.</p> <p>So, <strong>is California a community property state</strong>? Find out in this article.</p> <h2>What Is a Community Property State?</h2> <p>Divorce is one of the modern world’s most draining experiences. However, in the US, nine states have tried to facilitate this process by passing community property laws. In community property states, <strong>couples must divide equally all assets obtained during their marriage</strong>. The goal is to reduce the quarrels over who gets how much of what by having the law dictate the split.</p> <p>The nine states are:</p> <ul> <li>Arizona</li> <li>California</li> <li>Idaho</li> <li>Louisiana</li> <li>Nevada</li> <li>New Mexico</li> <li>Texas</li> <li>Washington</li> <li>Wisconsin</li> </ul> <p>While, in some states, divorce laws are leaning toward the community property concept, the nine states mentioned above are the only true community property states as of June 2021. Alaska, South Dakota, and Tennessee have an “opt-in” community property law that enables such a division of property if both individuals agree.</p> <h2>What Is Community Property?</h2> <p>Also known as marital property, community property is <strong>a US state-level distinction that identifies a married individual’s assets</strong>. And real or personal property and any income obtained by either spouse during a marriage are considered community property. Therefore, they belong to both partners, meaning both spouses own and owe everything equally, regardless of who earns or spends the income.</p> <h2>Understanding Community Property</h2> <p>In community property jurisdictions, each spouse owns a share of the marital assets, including real estate and other financial assets acquired during the marriage. In some jurisdictions, such as California, community property is split strictly in half, with each spouse getting 50% of any assets considered marital property.</p> <p>However, in other jurisdictions, such as Texas, a judge may decide to split assets in any denomination they deem fair to both spouses.</p> <p>Typically, inherited assets and gifts to one spouse aren’t considered marital property, whereas debts acquired during the marriage are usually considered community property.</p> <p>Existing to protect spousal rights, the concept of community property originated in Spanish law, a system of civil law derived from Roman civil law and the <u><a href="https://www.britannica.com/topic/Visigoth">Visigothic Code</a></u>. It acknowledges that both spouses contribute to marriage differently and considers them financially equal under the law.</p> <p>For instance, community property considers the contribution of a “breadwinning” spouse and a homemaking spouse as equals by <strong>granting both spouses a share of marital property</strong>. This is true even if the homemaking spouse may not have brought financial or other assets into the marriage.</p> <h2>So, Is California a Community Property State?</h2> <p><strong>California is a community property state</strong>. And according to the California Family Code section 760, community property is defined as all property, personal or real, wherever situated, obtained by a married individual during the marriage while domiciled in the state. Once officially divorced, community property is typically divided 50/50 between the ex-spouses.</p> <h3>Exceptions to Community Property in California</h3> <p>There are several exceptions to community property in California. Under specific circumstances, the law will regard property as separate property of just one spouse:</p> <ul> <li>The property was given to one spouse as a gift.</li> <li>One spouse received the property through someone’s will or a trust fund.</li> <li>One spouse received it as an inheritance.</li> <li>A spouse acquired it before marriage.</li> <li>The property was acquired by one spouse or just that spouse's money.</li> <li>It was obtained when the couple was living apart or separated. Typically, spouses are regarded by the law as living apart when one of them informs the other that they don’t want the marriage to continue. They also must physically reside in separate locations.</li> </ul> <h2>What Is Property Under California Law?</h2> <p>Under California law, property is <strong>anything you can sell or buy</strong>, including real estate, furniture, vehicles, clothing, and household goods. Also, it’s <strong>anything that holds value</strong>, even if you can’t sell or buy it, such as cash, bank accounts, stocks, pension plans, businesses, patents, life insurance with cash value, etc.</p> <p>When you divorce your spouse, you can come up with an agreement that gives you and your spouse a fair share of the property. However, the judge will still have to sign off on it, even if you agree. And if the settlement is unfair to one of you, the judge is free to tell you to come back with another plan. On the other hand, if you and your spouse don’t agree, you’ll have to ask the judge to rule or go to mediation.</p> <h2>What Is the Difference Between Community Property vs. the Common Law Stat</h2> <p>Most states rely on the concept of common law property to decide who owns property obtained during a marriage. Common law property is considered <strong>the property of the spouse who obtains it during the marriage</strong> unless it’s placed under the names of both spouses.</p> <p>So, how is property divided in a common law property state in case of a divorce? The guiding principle is equitable distribution. Here, the idea is that property ownership is unequal due to factors such as spouses’ education, employability, earrings level, financial needs, health, and age.</p> <p>Considering these factors should make the distribution fair, but not necessarily equal. For example, in some cases, judges may demand one spouse to use their separate property to make a settlement fair to both individuals.</p> <p>Divorcing spouses will often work out how they wish to split their assets and debts themselves or with the help of a neutral party. However, if they can’t agree, the court decides on the division of property based on the laws of the state.</p> <h2>What Is Separate Property?</h2> <p>Separate property is <strong>the property that one spouse owned before the marriage</strong>. It also covers inheritance and gifts given to one spouse and property bought or earned after the separation. This is the main reason why the date of separation is vital in many divorces and should be recorded and discussed with your lawyer as soon as possible.</p> <p>Moreover, any property purchased with separate property is separate property, despite being bought during the marriage. In addition, income or rent earned from separate property is also separate, meaning rent or money made from businesses or real estate owned before marriage will still be separate property unless mixed with community assets.</p> <h2>How Does Separate Property Become Marital Property?</h2> <p>The trickiest part of marital vs. separate assets is that most married couples behave as a single household. They spend money from the same bank accounts, share significant assets, and hold property in common. This leads to what the law considers “commingling”.</p> <p>Commingling happens when separate assets are used by both spouses or when married couples share separate assets, causing these assets to be reclassified as marital assets.</p> <h2>Protect Yourself During a Divorce</h2> <p>Each spouse should open separate bank and savings accounts once the split happens. However, an <a href="https://lightspeedescrow.com/blog-post/how-to-open-escrow-account">escrow account</a> may be needed to ensure adequate support for shared children or a disadvantaged spouse. An escrow account can also prevent unnecessary or excessive depletion of joint marital funds.</p> <p>If you need escrow services, work with a good agency, such as Lightspeed Escrow. We are a team of experts who know how the get the job done expediently and avoid common pitfalls. So, <a href="https://lightspeedescrow.com/contact-us">contact Lightspeed Escrow</a> for quick and accurate escrow services.</p>
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  • 14Guam
  • 15Hawaii
  • 16Idaho
  • 17Illinois
  • 18Indiana
  • 19Iowa
  • 20Kansas
  • 21Kentucky
  • 22Louisiana
  • 23Maine
  • 24Marshall Islands
  • 25Maryland
  • 26Massachusetts
  • 27Michigan
  • 28Minnesota
  • 29Mississippi
  • 30Missouri
  • 31Montana
  • 32Nebraska
  • 33Nevada
  • 34New Hampshire
  • 35New Jersey
  • 36New Mexico
  • 37New York
  • 38North Carolina
  • 39North Dakota
  • 40Northern Mariana Islands
  • 41Ohio
  • 42Oklahoma
  • 43Oregon
  • 44Palau
  • 45Pennsylvania
  • 46Puerto Rico
  • 47Rhode Island
  • 48South Carolina
  • 49South Dakota
  • 50Tennessee
  • 51Texas
  • 52Utah
  • 53Vermont
  • 54Virgin Islands
  • 55Virginia
  • 56Washington
  • 57West Virginia
  • 58Wisconsin
  • 59Wyoming
• site_conf(object)
  • site_nameLightspeed Escrow
  • address
  • phone
  • email
  • url_facebook
  • url_twitter
  • url_linkedin
  • site_logo(object)
    • namelogo.png
    • typeimage/png
    • tmp_name/home/lightspeedescrow/tmp/phpgFCVqX
    • error0
    • size3752
  • site_favicon(object)
    • name
    • type
    • tmp_name
    • error4
    • size0
• enable_upsell0
• isHome(false)
• cart(false)
• is_front(false)
• body_classBlogPosts category Real-Estate-Deals page:9
• body_idBlogPosts-category-Real-Estate-Deals-page:9
• themes(array)
  • PublicPublic
  • CircuitCircuit
  • OfferOffer
  • PresellPresell
  • BoxBox
• $request->data(empty)
• $this->validationErrors(array)
  • Log(empty)
  • Permission(empty)
  • Aro(empty)
  • Aco(empty)
  • BlogPost(empty)
  • Setting(empty)
  • Settings(empty)
  • StateProvince(empty)
  • Country(empty)
  • Blog(empty)
  • User(empty)
  • log(empty)
• Loaded Helpers(array)
  • 0Time
  • 1Number
  • 2Session
  • 3Html
  • 4Gallery
  • 5Form
  • 6Paginator
  • 7Acl
  • 8SimpleGraph
  • 9DebugTimer
  • 10Toolbar
  • 11App
  • 12HtmlToolbar

App Constants

CakePHP Constants

PHP Environment

Included Files

Include Paths

• 0/home/lightspeedescrow/public_html/lib
• 2/usr/share/php
• 3-> /home/lightspeedescrow/public_html/lib/Cake/

Included Files

• core(array)
  • Behavior(array)
    • 0CORE/Model/Behavior/TreeBehavior.php
    • 1CORE/Model/Behavior/AclBehavior.php
  • Cache(array)
    • 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