LIFE OF A SETTLEMENT
Settlement begins with the offer and acceptance skillfully negotiated by the real estate agents representing the Buyer and Seller.
The Buyer(s)
Tenders a written offer to purchase (or accepts the Seller's counter-offer) accompanied by a good faith deposit amount.
Approves and signs the escrow instructions and other related instruments required to complete the transaction.
Approves the preliminary report or title commitment and any property disclosure or inspection report required in the purchase and sale agreement.
Approves and signs new loan documents and fulfills any remaining conditions contained in the contract, lender's instructions and/or the escrow instructions.
Deposits funds necessary to close the escrow.
Approves any changes by signing amendments in the escrow instructions.
The Lender (when applicable)
Accepts the new loan application and other related documents from the Buyer(s) and begins the qualification process.
Orders and reviews the property appraisal, credit report, verification of employment, verification of deposit(s), preliminary report and other related information.
Submits the entire package to the loan committee and/or underwriters for approval. When approved, loan conditions and title insurance requirements are established.
Informs Buyer(s) of loan approval terms, commitment expiration date and provides a good faith estimate of the closing costs.
Deposits the new loan documents and instructions with the settlement agent for Buyer's approval and signature.
Reviews and approves the executed loan package and coordinates the loan funding with the escrow officer.
The Seller(s)
Accepts Buyer's Offer to Purchase and initial good faith deposit to open escrow.
Submits documents and information to escrow holder, such as: addresses of lien holders, tax receipts, equipment warranties, home warranty contracts, any leases and/or rental agreements.
Approves and signs the escrow instructions, grant deed and other related documents required to complete the transaction.
Orders inspections, receives clearances and approves final reports and/or repairs to the property as required by the terms of the purchase and sale agreement (Deposit Receipt).
Fulfills any remaining conditions specified in the contract and/or escrow instructions; approves the pay off demands and/or beneficiary's statements.
Approves any final changes by signing amendments to the escrow instructions or contract.
Tennessee Title
Receives an order for escrow and title services.
Places order for the preliminary report or title commitment for the subject property from the title insurance underwriter.
Acts as the impartial "stakeholder" or depository, in a fiduciary capacity, for all documents and monies required to complete the transaction per written instructions of the principals.
Prepares the escrow instructions and required documents in accordance with terms of the sale.
With the authorization from the real estate agent or principal, orders demands on existing deeds of trust and liens or judgments, if any. For assumption or subject to loan, orders the beneficiary's statement or formal assumption package.
Examines the public records affecting the real property and issues a preliminary report or title commitment.
Reviews documents received in the escrow: preliminary report or title commitment, payoff or assumption statements, new loan package and other related instruments.
Reviews the conditions in the lender's instructions including the hazard and title insurance requirements.
Presents the documents, statements, loan package(s), estimated closing statements and other related documents to the principal(s) for approval and signature, and requests the balance of the buyer's funds.
Receives the proceeds of the loan(s) from the lender(s).
Determines when the transaction will be in the position to close and advises the parties.
Records the deed, deed of trust and other documents required to complete the transaction with the County Recorder and prepares the final title insurance policy. Depending on the property location, the recordation of the documents may occur after the closing date.
Closes the transaction by preparing the final settlement statements, disbursing the proceeds to the Seller, paying off the existing encumbrances and other obligations.
Delivers the appropriate statements, funds and remaining documents to the principals, agents and/or lenders.