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Residential Sales
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For Sale by Owner
Multi-family/Vacant Land Sales
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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.
Holding 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.
Order title search
Received and forward
preliminary report for review
Request demands (if any), request
clarifications of liens (if any) and taxes on reports
Received demands and enter into file
Secure Signatures
Order HOA documents
Forward for review HOA documents and reports
Provide title or escrow, estimate to Lender, as requested
Provide Lender requested items,
Coordinate with Lender for issue of Closing Disclosure to buyer,
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).
Send the documents to the title company.
Acquire the funds from the buyer.
Return loan documents
Request for loan funds
Fund
Order recording
Finalize the file, draft a statement, and distribute the funds.
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?
How is the tax proration figured?
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.
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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