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Mountain Musings by Sharron

Who Holds the Earnest Deposit for a Foreclosure?

By: Sharron and Steve Lobman
Friday, July 13, 2007 3:08 PM

We are in the process of selling our first home that is a foreclosure listed with a different brokerage in our town.

Is it standard procedure for the listing office to hold in escrow the Earnest Money as opposed to the selling office?

 

 

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Comments

The C Team
Member Since '04

The C Team said:

In our neck of the woods, unless it is a HUD, it is held by the selling office.  I would think it would make it much more difficult to release if it was not held buy the office the client is working with.  I have sent copies of checks and the deposit slips in the past, maybe that could be a way to go.  Good Luck!

Darcy

July 13, 2007 1:32 PM
Sharron and Steve Lobman
Member Since '06

Sharron and Steve Lobman said:

Thanks for the input!

July 13, 2007 1:57 PM
Mary Welch
Member Since '04

Mary Welch said:

Sharron, I have seen it done either way, selling office or listing, just depends on who wants to be responsible.

July 13, 2007 2:01 PM
The Cunningham Group .
Member Since '06

The Cunningham Group . said:

We handle some of the forclosures for Countrywide and even though thier addendum states that the earnest money is to be held by the listing brokerage they really don't mind if the selling brokerage holds it. (It makes life easier for everyone.) Most of the Selling agents put it in the offer that the earnest money will be held by the selling brokerage.

Susan

July 13, 2007 2:35 PM
Vance Remele
Member Since '04

Vance Remele said:

Ok I will settle this one.. just send me the Money , ha ha ha

I always ask the listing broker if there is a preference, or see what tha listing tself may say, sometimes you have to go with the Bank/mortgage with it, if not then I hold it.

Mr Post It Note

July 13, 2007 2:38 PM
Sharron and Steve Lobman
Member Since '06

Sharron and Steve Lobman said:

Thanks for the answers all!

July 13, 2007 2:46 PM
Sharron and Steve Lobman
Member Since '06

Sharron and Steve Lobman said:

Oh, Vance, the check is in the mail!

July 13, 2007 2:46 PM
Vance Remele
Member Since '04

Vance Remele said:

Sharron and Steve Lobman said:

Oh, Vance, the check is in the mail!

Oh yea famous last words The Check Is In the Mail,, ha ha ha

July 13, 2007 2:50 PM
Sharron and Steve Lobman
Member Since '06

Sharron and Steve Lobman said:

But you are only a post it note, so it is hard to give you much respect~

July 13, 2007 2:54 PM
Team Stevens
Member Since '03

Team Stevens said:

Title in Texas unless maybe your broker has an escrow account.  That may be Vegas.  To may laws to remember between 2 states.  It should go to title.  Hopefully Bill will chime in here since it is late and I am remembering 2 different state laws.  

I will say in both TX and NV I have always given and EM to escrow.

July 13, 2007 8:00 PM
Jana Davis & Virginia Houghton
Member Since '05

Jana Davis & Virginia Houghton said:

Escrow - Thank God we have them!  Trust log nightmare so let the selling agent deal with it j/k

Jana

July 13, 2007 8:39 PM

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Sharron and Steve Lobman
Solid Source Realty/ Blue Ridge, Blairsville

Sharron and Steve Lobman
Member Since '06

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