Escrow is simply a neutral third party whose task is to make sure everyone receives what they’re contractually entitled to. In an effort to make the concept easier to grasp, let’s consider a transaction that’s less technical than real estate (and one that most of us have experienced at least once). Assume you’re selling a car for $5,000 and you’ve secured a buyer who’ll pay that price. Further assume that you’ve hired an escrow company to handle the transaction and escrow is charging $75.
Here’s how the transaction would proceed: 1) You would sign over the title of the car to the buyer and deliver the executed title, along with your share of the escrow fee to the escrow officer (and if applicable, the Bill of Sale; 2) The buyer would deliver the $5,000 purchase price to the escrow company, along with their share of the escrow fee, appropriate taxes, transfer fees, and Proof of Insurance; 3) The escrow officer would forward the taxes, transfer fees and transfer forms to the CA DMV (Department of Motor Vehicles) – thereby assuring that the vehicle is no longer in your name and you’re no longer liable for any misadventures; 4) Escrow would forward you the $5,000 as payment for your car; and 5) Escrow would pay themselves the $75 as agreed.
Notice that everyone gets what they bargained for (including the state of California), everyone is protected (including the citizens of California), and the transaction is closed in accordance with California Law. Escrow performs the same function when you’re purchasing home (and this is why mortgage lenders require that we use an escrow company).