Typically, the role of the escrow agent will be played by representatives from a title company, mortgage lender or an attorney, but it can depend on the laws and customs in your state.
California Realtor here. Escrow is opened by the listing agent and 99% of the time the seller/listing agent chooses the escrow company. Escrow is opened once there's a contract.
But who is responsible for hiring an escrow agent? The responsibility can lie with any party involved in the transaction. The buyer, seller or either real estate agent may choose an escrow agent during a real estate sale, but the escrow service provider that is selected must be agreed upon by all parties.
Escrow agents may work for a title insurance company or real estate attorney, as an affiliate of a lender or as an independent escrow company. However, they don't work for the buyer or seller and must remain neutral in any real estate transaction.
The escrow agent works on behalf of both the buyer and seller in a real estate transaction. They're legally and morally required to fulfill their fiduciary duty and manage the escrow funds and assets in the escrow account ing to the terms of the escrow agreement.
Cons of escrow High upfront costs: Many escrow accounts require a minimum balance to cover unexpected expenses. You may have to keep an extra two or three months' worth of property taxes and insurance premiums as a cushion, or "escrow reserve."
However, if you have to keep an escrow account for certain required payments, such as mortgage insurance, you can still remove your regular homeowners insurance premium, property tax payments or both from your escrow account.
Can I request an escrow analysis at any time? Yes, you may contact Customer Service to request an escrow analysis except when accounts are within 60 days of the annual analysis period. What is a midterm policy change? This is when you make changes that may affect your insurance premium outside your renewal period.
Note that an existing agent or an attorney of grantor or grantee cannot act as an escrow agent due to the conflict of interest in the duties. The selection of the escrow holder is normally done by an agreement between the principals.