Table of Contents Home Seller’s Guide

Sellers Q & A 2

Escrow Flowchart 4

Escrow Instructions 5

After Sign-Off 7

After Close 7

Escrow Holder Does and Does Not Do List 8

Title Insurance 9

Seller’s Cost Sheet 10

Property Tax Calendar 11

Glossary for the Seller 12

|1 The Buyer instructs the Escrow Holder to deliver the money to the Seller when the Escrow Holder:

}} Records the deed

}} Delivers to the Buyer a policy of title insurance that The shows title to the property signed over to the Buyer The Escrow Holder is authorized to deliver the Deed to the Buyer when the Buyer has deposited the agreed- upon purchase price and fulfilled any other conditions Sellers specified in the escrow instructions. The Escrow Holder makes the proration and adjustment on any payments for fire/hazard insurance, real estate taxes, rents, interest, Question & Answer Guide etc., based on the escrow instructions of both parties. What is an escrow? Escrow is a disinterested third party that facilitates real estate The Escrow Holder thus acts for both parties within the closings. When opening an escrow, the Buyer and Seller of authority of the escrow instructions. Escrow cannot be a piece of property establish terms and conditions for the completed until the conditions in the instructions have transfer of ownership of that property. These terms and been fully satisfied and all parties have signed escrow conditions are given to a third, disinterested party known as documents. The Escrow Holder follows instructions the Escrow Holder or Escrow Agent. The Escrow Holder in turn based on the terms of the purchase agreement and the has the responsibility of seeing that the terms of the parties’ Lender’s closing instructions. written instructions are followed. Escrow does not give legal, tax, financial or real estate advice. How do I open an escrow? How does the escrow process work? Generally, the Listing Broker will open the escrow. As soon as you execute the purchase agreement, the The escrow is a depository for all money, instructions and Selling Agent will place the Buyer’s initial deposit, if documents necessary for the sale of your home. This includes any, into North American Title Company or into the Real the Buyer providing funds for a down payment, and the Estate Broker’s trust account. Seller depositing the Deed and any other necessary papers with the Escrow Holder. 2| What information will I have to provide? How long is an escrow? You may be asked to complete a Statement of Information The length of an escrow is determined by the terms of the as part of the necessary paperwork. Because many people purchase agreement and can range from a few days to have the same name, the Statement of Information is used several months. An escrow averages 30 to 45 days. to identify the specific person in the transaction through such information as date of birth, Social Security number, What is an “escrow closing”? etc. This information is kept confidential. An escrow closing is the culmination of the transaction. It What do I need to do before my appointment to signifies legal transfer of title from the Seller to the Buyer. Generally the Grant Deed and Deed of Trust are recorded sign escrow papers? within one working day of the Escrow Holder’s receipt of All parties signing the documents must bring proper loan funds. This completes the transaction and signifies identification. Please bring your valid driver’s license, the “close of escrow.” Once all the conditions of the escrow identification card, or current passport with you to the have been satisfied, the Escrow Officer informs you or your title company. This item is needed to verify your identity Agent of the date escrow will close, and takes care of the by a notary public. This is a routine, but necessary, step for technical and financial details. your protection. Do I continue to pay my monthly When do I sign escrow instructions and where do I mortgage payment? do this? Yes, your mortgage payment(s) must be kept current Your Escrow Officer or Real Estate Agent will contact you throughout the course of the escrow transaction. If the to make the appointment for you to sign your escrow payments are not kept current, the Lender(s) can/will instructions, Grant Deed, and final papers. At this time, the assess and collect late charge(s). Escrow Officer will also tell you the estimated amount of proceeds you will receive from the sale of your home. When and where do I get my final proceeds check? What’s the next step after I’ve signed the closing The proceeds check or wire is disbursed upon close of escrow papers? escrow, when the Escrow Officer is able to verify with After both parties have signed all the necessary instructions the County Recorder’s Office that the documents have and documents, the Escrow Officer will return the Buyer’s recorded and legal transfer has occurred. The proceeds loan documents to the Lender for a final review. This check can be delivered to your Real Estate Agent or picked review usually occurs within a few days of execution of the up from any North American Title Company office. Sales documents. After the lender review is complete, they will proceeds may also be wired directly to your bank account. inform the Escrow Officer to fund the Buyer’s loan.

|3 Escrow opens when North American Title is contacted to open an order. The parties provide instructions for the Escrow Officer that may include the contract. Escrow assures that the lender releases the home purchase funds at or about the same time the deed is recorded to reflect new ownership. Escrow includes depositing with North American Title Company the funds, documents and instructions necessary to complete the transfer. Below is a rough outline of the work an Escrow Officer does in each escrow.

Order title search

Receive and review preliminary report

Review taxes on Request beneficiary preliminary report statement and enter into file

Receive demands. Request Review taxes on clarification of other liens preliminary report

Review terms of transfer and current payment status

Review file to determine all conditions have been met and all documents are correct and available for signature (i.e. termite inspection, contingencies released, hazard insurance ordered, etc.)

Obtain signatures

Confirm all seller paperwork is Confirm all buyer paperwork is in order in order

Configure file and request signatures on all remaining docs

Obtain funds from buyers

Request loan funds and then fund

Order recording

Close file, prepare statements and disburse funds

Complete closing. Forward final documents to all parties 4|4| Escrow Instructions Escrow instructions define all conditions that must another home, arrangements can be made to transfer occur before the transaction can be finalized. The escrow funds to your purchase escrow. instructions represent your written statement to the You will be asked to sign your escrow instructions at the escrow holder about specific conditions to consummate title company office if we are handling both title and the sale. The Estimated Closing Statement (HUD-1) escrow, or at an independent escrow company if your reflects, in a debit and credit format, the disposition transaction has been assigned to one of the companies of the sales proceeds. The conditions under which the with whom we work. Grant Deed may be recorded in favor of the new buyer is set forth in the sale escrow instructions. Your Appointment A Grant Deed is the document legally transferring your An appointment is required for the sign-off. title to the property to the new owner. You will sign Call your Escrow Officer to arrange a convenient time. the Grant Deed as part of the escrow instructions and Please expect the escrow signing process to take the deed will be notarized by your Escrow Officer or approximately one hour. another qualified notary public. Proper identification is needed for this procedure. The Grant Deed is recorded There are several acceptable forms of identification that may be used during at the time escrow closes. the escrow process. These include:

Your Escrow Officer or Real Estate Agent will contact you }} A current driver’s license for an appointment to sign your escrow instructions and }} Passport Grant Deed. At this time, the Escrow Officer will give you }} State of California Department of an estimate of the amount of proceeds you will receive Motor Vehicles ID card from the sale of your home. If you are also purchasing }} Continue... |5 Disclosures and contingencies }}Continued... Escrow Instructions During the process of selling your property, you will be asked to fill out a property disclosure form that is required One of these forms of identification must be presented by law. In this document, you will inform the Buyer of at the signing of escrow for the signature to be notarized. any significant facts you have about the conditions of On rare occasions, funds are insufficient to close escrow the property. If you are moving out of California, other and you, the Seller, must deposit money into the escrow. disclosures may be necessary. Your Real Estate Agent or Should this situation occur, you will need to obtain a Escrow Officer will assist you with these. cashier’s check or wire issued by a California financial institution, made payable to the title company in the There will be various contingency dates in your real estate amount indicated to you by your Escrow Officer or sales contract. You should be very aware of these and escrow assistant. be sure the actions required are performed in a timely manner. Such contingencies include the buyer’s loan Paying off your existing loans approval, approval of the Preliminary Report, approval of structural, pest control and other inspections. Stay closely Unless the Buyer takes over your existing loan(s) on the in touch with your Real Estate Agent regarding these property, the loan(s) will be paid off at the close of escrow. important dates. You will need to furnish complete information to your Escrow Officer and Real Estate Agent on each loan against your property. Please be prepared to provide the name of What’s next after the Buyer’s loan is approved? each lender. Your Escrow Officer will need this information When the loan is approved and the loan documents are to order the loan payoff demands so the loan(s) may be sent to the Escrow Officer or the escrow assistant handling paid off correctly at the close of escrow. Homeowners your transaction, the escrow instructions and Grant Deed Association information may also be required if you are will be prepared. selling a condominium, townhouse or property located in a planned unit development. All of this information helps ensure the timely closing of your escrow.

6| After the Sign-Off After the Close What is next after completion of the sign-off? What happens after the Escrow closes? After you and the Buyer have signed all the necessary After the loan has been finalized, the documents signed instructions and documents, the Escrow Officer will return and recorded, and the financial settlement completed, them to the new lender for a final review. Following the there are still steps to be accomplished to complete review, which usually occurs within a few days, the Lender the transaction. is ready to fund the Buyer’s loan and advises the Escrow Officer, so that the necessary work can be completed to Your existing loan is being paid in full from the escrow. Your record the documents and “close” the escrow. Lender is required by law to issue a full reconveyance of their loan. After removing the previous Deed of Trust from What is “close of escrow”? the property, it will be recorded and the original returned It signifies the legal transfer of title to the property from to you. This may take several weeks. However, you need the seller to the buyer and is the culmination of the not be concerned by this delay since it is normal. transaction. Usually, the Grant Deed and Deed of Trust are recorded within one working day of the escrow’s receipt What happens to funds held in escrow? of loan funds. Recording completes the transaction and In some cases, the escrow company will be instructed to signifies the “close” of escrow. Once all the conditions of hold funds in escrow to pay off obligations that may not the escrow have been satisfied, the Escrow Officer advises have been completed, even after the close of escrow. you of the closing date and takes care of the technical and An example might be a set-aside of funds to correct a financial details, including paying off your loan. structural problem, or to do remodeling or termite repair When do I receive proceeds from the sale? work. Upon completion of the project and receipt of the proper documentation and/or releases, the Escrow Officer A final settlement statement and a check for the proceeds will disburse the withheld funds. will be available to you the day the sale is completed, documents are recorded and the escrow is closed.

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WHAT AN ESCROW HOLDER DOES AND DOES NOT DO The Escrow Holder: }} Serves as the neutral “stakeholder” and the communications link to all parties in the transaction }} Prepares escrow instructions }} Requests a preliminary report to verify ownership, and whether liens and encumbrances must be cleared before close }} Requests a beneficiary’s statement if debt or obligation is to be assumed by the buyer or a demand if the loan will be paid off }} Complies with lender’s requirements, specified in the escrow agreement }} Receives purchase funds from the buyer }} Prepares or secures the deed or other documents related to escrow }} Prorates taxes, interest, insurance and rents according to the instructions }} Secures releases of all contingencies or other conditions as imposed on any particular escrow }} Records deeds and any other documents as instructed }} Requests issuance of the title insurance policy }} Closes escrow when all the instructions of buyer and seller have been carried out }} Disburses funds as authorized by instructions, including charges for title insurance, recording fees, real estate commissions and loan payoffs }} Prepares final statements for the parties, accounting for the disposition of all funds deposited in escrow (These are useful in the preparation of tax returns.) The Escrow Holder Does Not: }} Offer legal or tax advice }} Negotiate the transaction }} Offer investment advice

North American Title Company will be happy to provide additional information regarding our title and escrow services. Please contact your account manager today to learn more.

8| Title companies’ rates are filed with the California TITLE INSURANCE Department of Insurance, and each company is required to publicly post its schedule of fees. As in Where Does Your Dollar Go? all competitive business environments, rates vary Title insurance, unlike property and casualty insurance, from company to company, so you should make a operates under the theory of risk elimination. Title comparison before deciding on a particular title companies spend a high percentage of their operating company. Your Real Estate Agent or Broker can assist income each year collecting, storing, maintaining and you with this, and there are many online resources analyzing official records for information that affects title you also may find helpful. to real property. Those title “plants” include records that In California, most of the large counties have been may date back more than 100 years. Their technical experts converted to computer-based title plant systems are trained to identify the rights others may have in your that speed the process of delivering the title search property, such as recorded liens, legal actions, disputed to the customer. This investment in skilled personnel interests, rights of way or other encumbrances on your and advanced data processing represents a major title. Before closing your transaction, the title company part of the title insurance premium dollar. Proper “clears” those issues. In fact, according to the American title plant maintenance, research, evaluation, and Land Title Association, more than one-third of all title legal interpretation are the foundations upon which searches reveal a problem that title professionals fix a title policy rests. That is where most of your dollar before you go to closing. goes when you pay for title insurance at your closing. Most other types of insurance anticipate losses and collect And that is the source of your protection and peace of premiums based on a certain number of claims that will mind when you are a homeowner in California. be made over time. Instead, title insurance premiums are paid to identify and eliminate potential risks and claims before they happen. In addition, title insurance involves a one-time premium paid when you close the real estate transaction, while property, casualty and medical insurance require regular renewal premiums.

The goal of title companies is to conduct such a thorough search and evaluation of public records that no claims will ever arise. Of course, we live in an imperfect world where human error and changing legal interpretations make 100 percent risk elimination impossible. So when claims arise, professional claims personnel are assigned to handle them according to the terms of the title insurance policy.

|9|9 Seller’s COST SHEET

Sales Price $

Estimated balance of 1st Loan $

Interest (1st loan) $

Prepayment penalty (if any) $

Estimated balance of 2nd Loan $

Interest (2nd loan) $

Prepayment penalty (if any) $

Termite inspection (+ repairs if any) $

Reconveyance fees $

Drawing, recording and notary fees $

Document preparation fees $

Homeowners Association dues (if any) $

Buyer’s closing-cost credit(s) (if any) $

Taxes $

Selling commission $

Miscellaneous $

Total charges $

ESTIMATED TOTAL NET (proceeds) $

10| Property Tax Calendar IMPORTANT DATES 2 nd

Installment | January 1 - June 30 Installment | January January January 1 | Assessment date

February 1 | Second installment due on February April 10 - June 30 secured taxes }} One or both installments March March 1 | Taxes on unsecured roll due }} Delinquent penalties }} ADD 10% + $10 fee April 10* | Second installment delinquent April April 15 | Last day to file Homeowners, Veterans and Senior Citizens exemptions

June June 8 | Publication date for delinquent taxes

After July 1, July 1 | Beginning of fiscal year 1

st }} One or both Installment | July 1 - December 30 Installment | July installments July 1 | Owners to be informed of new values

}} Delinquent penalties July July (first Monday) | Assessment appeal filing }} ADD 10% penalty period begins }} ADD $10 fee }} ADD $15 July 30 | Last day to advise owners of new values redemption charge August (late) | Sale numbers assigned }} ADD 1.5% per month August for delinquent taxes December 10 to April 10 September September (mid) | Tax rates set }} 1st Installment October (first week) | Tax bills mailed on October }} Delinquent penalties secured property }} ADD 10% November November 1 | First installment due

December December 10* | First installment delinquent

*If this date falls on a Friday, Saturday, Sunday or county holiday, the delinquency date is the next regular business day.

|11 GLOSSARY for the Seller

These definitions are to acquaint the Seller with terms commonly used in real estate transactions. These terms are intended to be general and brief, and are not complete and fully accurate when applied to all possible uses of the term. Please consult your Real Estate Agent for more information regarding these terms.

}} Agent: One who is authorized to act for or represent another }} Grant Deed: One of the many types of deeds used to transfer (principal), usually in business matters. Authority may be real property. Contains warranties against prior conveyances expressed or implied. or encumbrances. When title insurance is purchased, }} Amortization: Payment of debt in regular, periodic warranties in a deed are of little practical significance. installments of principal and interest, as opposed to interest- }} Listing: An agreement between an owner of real property only payments. and Real Estate Agent, where the Agent agrees to secure a }} Appraisal report: A written report by an Appraiser Buyer for specific property at a certain price and terms in containing his/her opinion as to value of the property and the return for a fee or commission. reasoning leading to this opinion. The factual data supporting }} Listing Agent: A Real Estate Agent who assists the owners in the opinion, such as comparable, appraisal formulas, and marketing and selling their property. qualifications of the Appraiser, will also be set forth. }} Owner will carry mortgage: A term used to indicate that }} “As-is” condition: Premises accepted by Buyer in the the Seller is willing to take back a purchase money mortgage. condition existing at the time of the sale, including all (Can also be called a Seller carry-back). physical defects. }} Prorate: To divide in proportionate shares, such as taxes, }} Asking price: The price at which the Seller is offering the insurance, rent or other items that Buyer and Seller share as of property for sale. The eventual selling price may be less after the time of closing or other agreed-upon time. negotiation with the Buyer. }} Purchase agreement: A written document which the Buyer }} Assumption of mortgage: A Buyer’s agreement to assume agrees to purchase certain real estate and the Seller agrees the liability under an existing note that is secured by a to sell under stated terms and conditions. Also called sales mortgage or Deed of Trust. The Lender must approve the contract, earnest money contract or agreement for sale. Buyer in order to assume the loan. }} REALTOR®: A designation given to a Real Estate Broker or }} Beneficiary’s demand: Written instructions by a beneficiary Agent who is a member of the local association of REALTORS®, under Deed of Trust stating and demanding the amount California Association of REALTORS® and National Association necessary for issuance of reconveyance, whether a full or of REALTORS®. partial amount. }} Reconveyance: An instrument used to transfer title from a }} Closing statement: The statement listing the final financial Trustee to the equitable Owner of real estate, when title is settlement between Buyer and Seller and the costs each must held as collateral security for a debt. Most commonly used pay. Separate statements for Buyer and Seller are generally upon payment in full of a Trust Deed. Also called a deed of prepared. reconveyance or release. }} Commission: An amount, usually as a percentage, paid to }} Selling Agent: The Real Estate Agent representing the Buyer an Agent (Real Estate Broker) as compensation for his/her rather than listing the property. The Listing Agent and Selling services. The amount to a Real Estate Broker is generally a Agent may be the same person or company. percentage of the sale price. }} Earnest money: The portion of the down payment delivered to the Seller or Escrow Agent by the Buyer with a written offer as evidence of good faith. 12| Like Clockwork...