A Non-Independent Broker Escrow

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HW Escrow a non-independent broker escrow is a client-focused independent escrow firm that operates without any concealed motives. As experts in real estate escrow, we believe our clients deserve exceptional treatment. This belief drives us to always act in our best interest. We are fully dedicated to offering a professional, clear, and efficient escrow experience as our clients' escrow partners.


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Ho​lding Title

In California, there are multiple methods to secure ownership of real property. The ​information provided is intended to be used for general reference only. The process ​of establishing ownership, also known as vesting, can have significant legal and/or ​tax implications. It is recommended to seek advice from a qualified legal or tax ​professional for a thorough understanding of the matter.


COMMUNITY PROPERTY

JOINT TENANCY

TENANCY IN COMMON

TITLE HOLDING TRUST

Parties

Married Couple

Any number of persons

Any number of persons

The person who set up the ​trust.


Ownership

Equal holding rights, with ​deviations by agreement


Equal holding rights

Equal holding rights

Ownership rights as stated ​in trust provisions.


Transfer

Written agreement from the ​spouse or actual transfer by ​legal document is necessary. ​The individual interest can be ​bequeathed through a will.


Transfer of ownership by ​one joint owner terminates ​the joint tenancy


The individual rights of each ​co-owner can be transferred ​separately by the co-owner.


The individuals establishing ​the trust agreement grant ​the trustee the authority to ​convey the property.

Death

At the death of a co-owner, ​half of the ownership ​remains with the surviving ​co-owner as individual ​property and the other half is ​distributed to the beneficiary ​of the descendant's will or to ​the survivor by inheritance.


At the death of a co-owner, ​their stake in the property ​comes to an end and cannot ​be disposed of through a ​testament. The surviving co-​owner becomes the sole ​owner of the property by ​right of survivorship.


At the death of a co-owner, ​their share in the property is ​transferred to their chosen ​beneficiary or legal inheritors ​through a testamentary ​disposition.


The trustee assigns the ​property to the beneficiaries ​specified in the trust ​document.


Successor's Status

If conveyed through a ​testamentary disposition, the ​devisee and survivor own the ​property as tenants in ​common.


The property is owned by ​the surviving joint tenant(s).


The devisee or heirs are co-​owners of the property in the ​form of tenants in common.

ng joint tenant(s).


The trust agreement may ​outline the successor ​trustee(s).

Creditor's Right

The joint property may be ​used to settle the debts of ​either spouse, incurred prior ​to or during the marriage, ​and may be sold in its ​entirety to pay a creditor.


Creditor may sell co-owner's ​portion, breaking joint ​tenancy and becoming ​tenant in common.

Creditor may sell co-owner's ​share, resulting in the ​creditor becoming a tenant ​in common.

Creditor(s) may pursue court ​action for execution sale of ​the beneficial interest or ​other demands.

Escrow Process

Secure signed contract, determine acceptance date and collect Earnest Money Deposit from buyer. Prepare ​supplementary escrow instructions and necessary paperwork.

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Order title search

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Received and forward

preliminary report for review

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Request demands (if any), request

clarifications of liens (if any) and taxes ​on reports

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Received demands and ​enter into file

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Secure Signatures

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Order HOA documents

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Forward for review HOA documents ​and reports

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Provide title or escrow, estimate to ​Lender, as requested

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Provide Lender requested items,

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Coordinate with Lender for issue of ​Closing Disclosure to buyer,

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Work with involved parties to have the required documents ready for signature. Organize the escrow ​arrangement in preparation for the finalization of the deal (the contingencies have been lifted, insurance ​has been secured, and supplementary documents have been readied).

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Send the documents to the title ​company.

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Acquire the funds from the buyer.

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Return loan documents

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Request for loan funds

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Fund

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Order recording

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Finalize the file, draft a statement, and ​distribute the funds.

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Finish the closing process. Send the final ​documents to all relevant parties ​(buyer,seller, lender)

Please note that this is for reference purposes only. It is important to always confirm the precise details and procedures for your specific escrow situation.

TAX PRORATION Q & A

In a sale escrow, Tax Proration serves the purpose of equitably distributing property expenses, including taxes, between the Seller ​and Buyer. This ensures that each party is responsible for paying only for the duration during which they own the property.




What is Tax Calendar?

The fiscal tax year does not align with the regular calendar year; instead, it spans from July 1 to June 30 of the following year, and ​is separated into two parts. The deadlines for tax payment fall in November and February.

Which party is responsible for the tax payments?

  • If the Seller has a payment that is still outstanding at the time of closing, they will be charged with the amount of the ​corresponding installment.
  • If the lender requires a future tax payment, the Buyer pays for it, while the Seller is only responsible for paying taxes during ​the period of time they own the property.
  • After the closing date, the ownership of the property is transferred to the Buyer, and they become accountable for any tax ​bills that are due from that point forward.

How is the tax proration figured?

  • In case the Seller or escrow holder has paid the first half of the tax, taxes are due until January 1.
  • If they paid the second half, taxes are due until July 1.
  • If the Seller's last tax payment covers a period beyond the close of escrow, the proration is determined from the close of ​escrow to the date when the taxes are payable. Consequently, the proration becomes a credit to the Seller and a charge to the ​Buyer.

Supplemental Property Taxes

As a new homeowner, you will have to pay supplemental property taxes in addition to the yearly taxes. The purpose of ​supplemental property taxes is to compensate for the disparity between the purchase price of the property and the previous ​owner's purchase price. The amount of this tax will be prorated, based on the remaining months until the end of the fiscal year, ​which concludes on June 30th. Please note that this bill will not be prorated during escrow, and it will be issued to the new ​homeowner after the escrow has closed.

MEET THE TEAM

Annie Chen

CEO/Broker

562-556-3511

Karen Cisneros

Escrow Officer

949-572-9327

Karen@HW-Escrow.com

Contact Us

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Get in touch

Phone:

(310) 853 -1438

Email:

Support@HW-Escrow.com

Address: 407 N Maple Dr. Ground Floor

Beverly Hills, CA 90210

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