In view of the regulatory scheme, the trial court reasonably found that a certificate of insurance coverage for an
escrow agent is a written instrument, the alteration of which supports a forgery charge because it is a public record with legal efficacy.
The buyer sends it to the lender, title company or
escrow agent, who holds it in preparation for the closing and filing--the security agreement is filed with the FAA to record a lien on the airplane in favor of the lender.
In the following Sections, we will discuss design issues (including more detail on triggering events, interim reporting, and matching criteria) and legal issues (including the legal relationship between the
escrow agent and the escrow depositors, and what duties, if any, are owed to the accused).
Given the size of this escrow and its visibility, it became clear that the closing agent could not serve as the
escrow agent and that an official-sector institution was needed.
And even under federal law, such exchanges have to go through an
escrow agent, to make sure that funds aren't commingled with any other.
If the amount of the contract is substantial, consider mitigating your risk by requiring escrow funds (can be deposited with an
escrow agent or law firm) or collateral (an asset that creditors agree to allow you to have if they don't pay).
This bill provides that an unauthorized person may not, in connection with the purchase and sale of real property: transact business using the term "escrow" or words of similar import; or circulate, simulate, or advertise that the business is regulated as an
escrow agent. These restrictions do not apply to: certain financial institutions; attorneys; persons licensed pursuant to chapter 475 (real estate brokers, sales associates, schools, and appraisers); title insurance agents licensed pursuant to s.
(8) When the government made the payment to the
escrow agent, the DSCC set off amounts owed by CCP under unrelated contracts.