Natural Hazard Disclosures for Real Estate Transactions

One of the main purposes of using an escrow officer when moving forward with your real estate or business transaction is to make sure that both seller and buyer fulfill all of their requirements (both legal and contractual). The escrow officer holds onto all of the funds in the transaction until those requirements are met, at which point, the escrow officer is legally allowed to begin disbursement. One of those legal requirements that must be completed by the seller, at least for real estate transactions in California, is what is known as a natural hazard disclosure, or NHD. In general terms, this means that, before escrow can close, the seller must disclose any and all potential hazards related to the real estate property being sold.

In some cases, sellers will fill out the required documentation themselves, usually the Natural Hazard Disclosure Statement or on the Local Option Real Estate Transfer Disclosure Statement (if applicable), both of which allow the seller to outline all hazards in full. However, the vast majority of sellers elect instead to use a third-party service to prepare the disclosure statement. It is important to note that, even if a seller uses such a third-party, they are still legally responsible for any information that is not disclosed. So, if a seller wishes to use a third-party service, they should make sure to choose one that will deliver the required scope of information necessary.

Natural Hazard Disclosures need to have information regarding whether the property is located in an area that has a heightened risk of certain (usually significantly destructive) natural disasters. For example, the seller must disclose if the area is one of potential flooding and if it is located in Zone A or Zone V (specially-designated zones that have very high flood hazard). Additionally, the NHD will include whether the area has been designated as "high fire risk," or if it is within a designated wildland area. Finally (and perhaps most devastatingly, in California), the NHD must list if the property is in an area with heightened earthquake risk and if the property is located along a fault line.

So, now that you know what kind of information you need to disclose when selling real estate, make sure that you cover all of your bases before escrow closes. A recent analysis of several third-party NHD preparers discovered that several of the companies only included the major, state-mandated information, as outlined above. However, there are often local city or county regulations that require even more natural hazards to be disclosed. These additional disclosures can range from recent methane leakages to issues with hillside erosion or landslides. So, be careful when filling out your disclosure statement, and be even more careful if choosing a third-party. You don't want to be left without full legal and financial protection because of a couple of missing disclosures.

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Find out more about us at www.sepulvedaescrow.net. Any Questions? Contact our Escrow Expert! Sepulveda Escrow Corporation (818) 838-1831. Follow our company on Facebook, Twitter, LinkedIn, and Google+.

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Cryptocurrency as Funds in Escrow Transactions?

An escrow officer's main duty in any transaction, be it a real estate sale, liquor license transfer, or hard money loan, is to act as a neutral third party between the buyer and seller (or lender and borrower). The escrow officer holds funds in a trust account and only disburses those funds once both parties have fulfilled all of their obligations in the transaction. Sometimes those obligations entail performing repairs or professional inspections, and sometimes it's just a short period (often 30 or 60 days) in which the escrow officer can get all of the necessities taken care of (Grant Deed, Change of Title, insurance, property liens, etc). Throughout this process, the escrow agent has a fiduciary duty to safeguard the funds in the trust account until such time as they can be disbursed.

Because an escrow officer almost always has to hold onto funds for some amount of time (even in all-cash offers), the funds need to be in the form of a currency that will retain its value. Until recently, that was simple. In the United States, the value of the dollar fluctuates very slightly each year with respect to the currency of other nations, but will generally be worth approximately the same amount from one day to the next. An issue may arise if the buyer wants to pay with funds that are not American currency, or even any type of national currency. In some cases, buyers want to make a purchase using Bitcoin.

Bitcoin is a well-known type of blockchain-based cryptocurrency. A blockchain is a decentralized record of all transactions happening within an online peer-to-peer network. The benefit of such an innovation is to allow users to confirm the transfer of funds without the need for a third-party like a bank to wire the funds. Cryptocurrency is the "currency" that is being transferred through the online blockchain. In a general sense, cryptocurrency is a chunk of data that can be easily transferred between users. While cryptocurrency is a convenient way to transfer funds, there are several downsides. First, cryptocurrency has no intrinsic value. One Bitcoin is only worth as much as someone is willing to pay you for it. There is no guaranteed trade-in value for paper currency or other commodities such as gold or diamonds. Second, cryptocurrency has no physical form. There are no bills or coins -- nothing except a block of data that says how much currency a user owns.

Unlike the U.S. dollar, cryptocurrency doesn't have a stable value. There are owners of Bitcoin who put in thousands of dollars just to lose it all in days, and there are users who saw their Bitcoin investment increase a thousand-fold over the course of a year. There's no way of predicting if the value of a cryptocurrency will go up or down, as the value is determined by how much people want it. It is a currency that exists in the minds of its users. If all buyers are willing to pay $10,000 for one Bitcoin, then that's the value of the Bitcoin. If all buyers are only willing to pay $100 per Bitcoin, then that's its value. Such an unstable currency is unusable by an escrow officer because there's no guarantee that the seller will receive the amount of real money (U.S. dollars) that they had assumed based on the price of the cryptocurrency at the time when the purchase agreement was signed. During the 30 or 60 day escrow, while the currency is sitting in a trust account, it could just as easily go up in value as it could go down. That kind of volatility is bad for business, so even if a buyer can find a seller willing to accept the cryptocurrency, Escrow companies cannot accept this as currency as Bitcoin does not qualify as verified “good funds”.

Finally, there's the major issue that blockchain is decentralized, which means it doesn't have any official (governmental or otherwise) institutions backing up the currency. The decentralization is a good aspect to many users since it makes the transfer of funds relatively inexpensive, fast, and painless. However, decentralization also means that if your blockchain account gets hacked and you lose your cryptocurrency, you're on your own. With centralized systems (such as banks or credit cards), if you are the victim of cybercrime, your funds will generally still be safe, and the financial institution will take the burden of dealing with law enforcement in tracking down the criminal and getting the money back. With blockchain, there's nothing proving that a piece of cryptocurrency belongs to you. It's just a chunk of online data associated with an online account that someone else might gain access to. This is why the inherent instability of cryptocurrency in its current form is not an acceptable means of funding an escrow transaction. Perhaps in time, and with more regulation and security this could be the way of the future, though for now, escrow companies do not accept Bitcoin in lieu of U.S. currency.

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Find out more about us at www.sepulvedaescrow.net. Any Questions? Contact our Escrow Expert! Sepulveda Escrow Corporation (818) 838-1831. Follow our company on Facebook, Twitter, LinkedIn, and Google+.

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Federal Law Prohibits Banks, Escrow, and Title Companies from Participating in the Sale of Marijuana-Related Businesses

The sale and consumption of marijuana, both medicinally and recreationally, is a pretty controversial topic throughout the United States. Some view marijuana as a dangerous substance that should be banned, comparable to hard narcotics like cocaine or methamphetamine. Many others view marijuana as a substance that should have limitations (similar to the sale of alcohol and tobacco), but not be completely illegal. Then, there's the even deeper issue of medicinal versus recreational usage. Some believe that marijuana should only be used when absolutely necessary (i.e. as a diagnosed treatment for a legitimate medical condition like glaucoma or nausea caused by chemotherapy), and some believe that cannabis isn't dangerous enough to be limited much, if at all.

The main difference between cannabis and substances like tobacco and alcohol is a lack of information. While there has been plenty of research done on the health effects of tobacco (cancer, asthma, etc.) and alcohol (impaired motor skills, liver disease, etc.) and even the effects on a fetus, there really isn't enough evidence to make a conclusive ruling on marijuana. However, for a while, it didn't matter whether marijuana was healthy or not. It didn't matter if it could impair motor skills or give a smoker asthma, because the sale and/or consumption of marijuana was illegal in the U.S., both on a federal and state level.

Over a decade ago, several states (California being one of the first) began to legalize medical marijuana, which could only be purchased from a licensed dispensary with a prescription from a doctor. Then, much more recently, states began legalizing recreational marijuana usage. However, that doesn't mean much from a business standpoint, because although marijuana is now legal in California, it's still illegal according to federal law. That may change within the next several years, but as of this moment, the law is the law, and that's all there is to it.

Because marijuana is still illegal federally, many businesses that must comply with state law (such as escrow/title companies), are not permitted to participate in any transactions regarding businesses that handle the sale of marijuana. In fact, in April of 2017, several national title companies received a memorandum from the Office of the Chief Underwriting Counsel that if the title company gets any indication from a buyer, seller, or broker that the Land will be used for growing, processing, distributing, or dispensing any types of marijuana-based products, they aren't allowed to be involved in the handling of any escrow or other funds of any type, issue any type of zoning coverage, or issue title insurance (except with the inclusion of an exception related to violation of federal law). This policy even applies to an entrepreneur looking to buy property that they will then rent out to tenants who may be involved in the marijuana industry,

Federal laws are taken very seriously by businesses involved in escrow and the transfer of funds, including banks. Banks are federally chartered, insured by the FDI, and use the Federal Reserve wire system. If those banks start breaking federal laws (even laws that don't exist at the state level), the bank can lose its charter and FDIC insurance, and eventually get shut down altogether. Just like banks, escrow companies lose their legal ability to operate if they break federal laws, especially in the financial realm, and for most of those businesses, it simply isn't worth the risk of getting involved in any transaction that might violate federal law.

For that reason, escrow companies (just like title companies and banks) don't take part in transactions involving property (or businesses) that are connected to the marijuana industry. It can be next to impossible for an entrepreneur to start that kind of business with a loan from a bank, because banks won't provide the loans and title companies won't close the sale (a closing is usually required by a lender). However, in some situations (where the sale is an all-cash offer, with no financing), there are law firms with real estate experience that can close real estate transactions. As of now, federal law makes it nearly impossible to do business in the cannabis industry if you need bank financing or plan to go through an escrow company. The laws may change in the future, but for now, it is what it is.

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Find out more about us at www.sepulvedaescrow.net. Any Questions? Contact our Escrow Expert! Sepulveda Escrow Corporation (818) 838-1831. Follow our company on Facebook, Twitter, LinkedIn, and Google+.

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BEWARE - You and Your Clients Are a Target For This Real Estate Scam

Originally posted to Real Estate, The Economy, and News on March 24, 2016

Cyber-criminals are finding new methods every day to steal personal and financial information. Their techniques range from phishing scams to buffer overflow techniques and brute-force password hacking. Banking institutions have found themselves under attack far more than usual in recent years, and have in turn begun to incorporate stronger security measures in an attempt to block hackers. As a result, many scammers/hackers have moved on to what they believe are "easier targets." focusing on normal people rather than financial institutions, Just last week, the Federal Trade Commission and the National Association of Realtors issued a warning to consumers that they must be hyper-vigilant in order to avoid recent phishing schemes that have been targeting closing costs on real estate transactions.

The National Association of Realtors, along with the Federal Trade Commission, issued their statement warning people to be on the look-out for a specific scheme targeting those involved in a real estate transaction. First, the hackers gain access to the email account of a customer, real estate agent, or escrow officer, and use the information to keep up-to-date on the transaction and determine the closing date. When they have figured out the closing date, the scammer sends an email that has been masked in such a way that they are able to impersonate the escrow company, title company, or real estate agent, telling the customer that the wiring instructions had a last-minute change. If the customer takes the bait, they send their funds to the scammer's account, which can be emptied in minutes.

Sepulveda Escrow utilizes encrypted and secure email when sending documents with sensitive and confidential information. In addition, documents can be returned via email through this secure portal. Sepulveda Escrow has also instituted new procedures to contact Clients directly to confirm details, rather than relying on email or contact through a third party. (Please see end of this blog for some helpful tips.)

It is imperative to know that cyber criminals don't always need to be able to break through firewalls or use high-tech software to get your personal information or access your computer's data. Quite often, hackers use more subtle tricks to gain access. Phishing schemes are one of the most common ways by which they trick potential targets. One example of phishing is when a hacker sends a mass email to a group of people and makes it look like the email comes from a bank or other online payment platform. The email requests that the recipient verify their login information by following a link. The link leads to a page that closely resembles the actual login page for the financial institution, but when the user inputs their login information, the hacker records the username and password, thereby enabling them to access the account and steal their money.

Another example of phishing is when a hacker contacts a target or a group of targets under the guise of an Official informing them that they have been the victim of a scam. They then tell the recipient that they can help them fix the damage, but first ask for certain sensitive information like Social Security number or bank information, to "verify" what data had been "stolen."  While you may look at this and think that the scheme is too obvious to be effective, statistics show that approximately 0.4% of recipients fall prey to such attacks. In other words, if a mass email is sent to 10,000 people, about 40 of them will have their information successfully stolen.

While phishing is historically the easiest and most effective method by which hackers are able to steal personal or financial information, there are several other methods. A buffer overflow attack, used by more sophisticated hackers, involves inputting many lines of code into an online form in order to overload the system and allow the hacker to steal data inputted by previous customers. A brute-force password hack involves a computer program that inputs all kinds of combinations of letters, numbers, and symbols, until the correct password has been found and the hacker has gained access to an email or other kind of online account.

Finally, hackers often package viruses or worms into free online software or as attachments to mass emails. Such viruses can enable the hacker to record keystrokes, thus giving them access to many of your passwords, or enable them to access built-in microphones or webcams on laptops. Simply opening such an email or downloading an infected attachment can lead to a virus being installed on your computer or mobile device. Fortunately, anti-virus software can often help to detect and remove these viruses, but hackers are constantly finding new ways to avoid detection by your anti-virus program. The best way to avoid getting such viruses is to be careful when downloading anything, and to avoid opening any emails that seem suspicious or come from unknown or unreliable sources.

Here are some tips to help you avoid being affected by similar scams. First and foremost, if something doesn't look right or feels even a little bit suspicious, don't hesitate to double-check it. Don't rely too much on emails. Instead, pick up the phone and call your escrow officer or realtor to make sure that everything you have received is correct. Don't open email attachments you aren't expecting. Additionally, you shouldn't trust financial information that has been sent via email, nor should you send any of your own financial information via email, because it usually isn't secure. In general, wiring instructions are sent by fax or encrypted email message. When inputting personal information on a website, check the address for "https," of which the "s" stands for secure, meaning that your information will be better protected.

Be very careful when opening attachments or downloading anything from an email, no matter who sent it to you. Just because you recognize the email address, doesn't mean that the message actually came from the person you associate with that email address. It's possible that a scammer could have hacked a friend's email, or could have disguised their email to appear as if the message came from a friend's email address. Proceed with caution. Being aware and cautious can save you a lot of hassle in the long run. 

Biggest Tip: Following up on the phone after sending an email may seem burdensome, but we at Sepulveda Escrow find that it is always worthwhile to go the extra mile to avoid financial losses and potential lawsuits.

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Find out more about us at www.sepulvedaescrow.net. Any Questions? Contact our Escrow Expert! Sepulveda Escrow Corporation (818) 838-1831. Follow our company on Facebook, Twitter, LinkedIn, and Google+.

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EDUCATE YOURSELF NOW AND BE PREPARED FOR NEW CLOSING PROCEDURES

4/7/15 - The world as we know it is changing!, That is the Real Estate, Mortgage and Lending Industries will be changing effective August 1, 2015 and it is imperative that we prepare ourselves as much as possible. This will affect your real estate closing time frame and it is best that we plan ahead when preparing your Purchase Contract (and Escrow Instructions).

Under the new rules of TRID (TILA/RESPA Integrated Disclosure) which the Consumer Financial Protection Bureau (CFPB) has put in place, the Consumer must receive a Closing Disclosure three (3) business days before the consummation date. The referred to consummation date is defined as the date the Consumer signs the new loan documents.

It is important to be aware that in the event the Buyer, now being called and referred to as “The Consumer”, does not receive the Closing Disclosure within this specific time framework, the closing will be delayed.

TIP: While we will all be subject to a “learning curve”, it is of the utmost urgency that we do all that we can to prepare as much as possible to avoid complications at closing. While we will have to deal with issues at the time they occur, it may be prudent to incorporate into your Purchase Agreement and Escrow Instructions a provision for an extension to the closing date, due to delays in Buyers receipt of the Closing Disclosure (and prepare the Sellers to be more flexible in regard to the date of closing).

The good news is that we have the entire country coping simultaneously with the same concerns and issues, which I believe should lend us support while we learn as we go along.

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Find out more about us at www.sepulvedaescrow.net. Any Questions? Contact our Escrow Expert! Sepulveda Escrow Corporation (818) 838-1831. Follow our company on Facebook, Twitter, LinkedIn, and Google+.

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Closing your Business Escrow and your State Board of Equalization Release

3/19/15 - Often closing the escrow on the sale of a Business, with or without a liquor license, can be a lot of work for the Seller due to requirements to close out accounts with governmental agencies. For instance, State Board of Equalization, has a process which is quite involved and requires a minor audit at a minimum and on occasion, a full audit once the Seller has had his last day of business.

As an escrow holder we work to accommodate the parties and to assist them in moving the process along by submitting, upon opening the escrow, a written Request for Certificate of Payment to the State Board of Equalization, with the intention of beginning the 60 day period as State law allows (though in the event the State Board of Equalization selects the business for Audit, the 60 day period will be adjusted and no longer from date of receipt of the Request for Certificate of Payment).

Once the Seller has had his last day of business, the State Board of Equalization will require the following (at a minimum);
1) Return of the Sellers Permit as issued by State Board of Equalization;
2) Closing Tax Return;
3) Copies of Sales Tax returns for the last two quarters;
4) Proof of Payment for the last two quarters;
5) Copy of Fully Executed Escrow Instructions;
6) Fully Executed Itemized List of Furnishings, Fixtures and Equipment;
7) Cashiers Check for the payment of all Sales Taxes due, per the Closing Tax Return;

Just know that the more you are prepared the less aggravation and frustration you will experience in obtaining the Releases required to close escrow and to achieve the ultimate goal, the receipt of your money from escrow.

TIP: A personal appearance to State Board of Equalization is preferable to submit all documents and funds to expedite the processing and issuance of the Certificate of Payment. Best to bring a cashiers check for payment and avoid electronic payments at this time to avoid delays and additional time State Board may require to verify payment has been received and applied to the account.

ADDITIONAL TIP: Bring and leave in the car a box filled with several years of books, records, bank statements, Sales Tax Returns, State and Federal Income Tax Returns etc. when you make your personal appearance to the office of State Board of Equalization. More often than not they will request documents you may not have expected, taking these documents with you in the car will avoid a trip back home and back to their office, which will be a timesaver.

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Find out more about us at www.sepulvedaescrow.net. Any Questions? Contact our Escrow Expert! Sepulveda Escrow Corporation (818) 838-1831. Follow our company on Facebook, Twitter, LinkedIn, and Google+.

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The Importance of Reviewing Financials of a Homeowners Association

8/11/14 - In the sale of a condominium or townhouse it is especially important to obtain the most updated version of the documentation from the Homeowners Association (HOA).

While the cost to obtain these documents may appear to be high, it is important that the Buyer receive these documents for their review and approval. This ultimately protects all parties from any possible future concerns or issues which may arise after the close of escrow.

The HOA package will include the CC&R’s (Covenants, Conditions and Restrictions) filed against the property, the Articles of Incorporation of the complex, its Bylaws, Rules and Regulations, Budget, Minutes of Board Meetings and the Financials.

In today’s economic environment it is especially important to carefully review the Financials of the Homeowners Association, which will indicate the financial strength of the Homeowners Association and its ability to maintain and pay its overhead. The HOA’s ability to pay insurance policy premiums, utilities for common areas, etc. plays a key role in determining whether this complex is right for you (and whether your new Lender will also find this complex a good investment to make a loan on.)

TIP. When reviewing the financials of a Homeowners Association it is imperative to determine whether there are any units which are delinquent in paying their HOA Dues (or units in foreclosure). Paying close attention to how many months any particular unit is behind in their payments (and especially the total amount of units in arrears as well as the cumulative amount of the combined unpaid HOA Dues) is of significant importance when considering a purchase in any particular complex. Unpaid dues can place an unwelcome financial burden on the rest of the homeowners.

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Find out more about us at www.sepulvedaescrow.net. Any Questions? Contact our Escrow Expert! Sepulveda Escrow Corporation (818) 838-1831. Follow our company on Facebook, Twitter, LinkedIn, and Google+.

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Brochure - Your Escrow and You

7/9/14 - Here is a very informative paper as originally released by the Escrow Institute of California many years back and which continues to be relevant today.

http://www.sepulvedaescrow.net/pdfs/Your%20Escrow%20And%20You%20(PDF).pdf

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Find out more about us at www.sepulvedaescrow.net. Any Questions? Contact our Escrow Expert! Sepulveda Escrow Corporation (818) 838-1831. Follow our company on Facebook, Twitter, LinkedIn, and Google+.

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