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RESOURCES

  • ESCROW ROADMAP
  • COMMON ESCROW FORMS
  • PROPERTY TAXES
  • GLOSSARY

ESCROW ROADMAP

COMMON ESCROW FORMS

  • Preliminary Change of Ownership
  • Refinance Open Order Form
  • Escrow Open Order Form

PROPERTY TAXES

PROPERTY TAX PAYMENT INFORMATION

Please use the following links to connect with the appropriate sites.

Find A Zip Code
Housing and Urban Development
Consumer Financial Protection
San Diego County Tax Collector
Riverside County Tax Collector
Orange County Tax Collector
LA County Tax Collector
Imperial County Tax Collector

GLOSSARY OF TERMS

ABANDONMENT

To relinquish or give up a right or any further interest.

ABSTRACT OF JUDGEMENT

A condensation or summary of the essential provisions of a court judgment.

ABSTRACT OF TITLE

A condensed history or a summary of the condition of title bcomd on an examination of public records.

ACCELERATION CLAUSE

A clause in an installment note or trust deed permitting the payee or beneficiary to declare the entire unpaid balance immediately due and payable upon the occurrence of a stated event, such as the failure to pay an installment when due.

ACCESS RIGHT

The right of an owner of land to have ingress and egress to and from his property to a public street.

ACTUAL NOTICE

Notice which a party has received in fact or in reality, as compared with constructive notice which is implied or inferred.

ADMINISTRATOR

A person appointed by a probate court as the representative of a decedent.

ADVANCES

Money advanced by the beneficiary under a trust deed to pay real estate taxes, hazard insurance premiums, and other items needed to protect the beneficiary.

AFFIDAVIT

A written sworn statement made before an authorized official.

AFFIDAVIT OF DEATH OF JOINT TENANT

The sworn statement recorded to evidence the death of a person whose title to property is held in joint tenancy.

AGENCY

The contractual relationship between a principal and an agent in which the agent is employed to act on behalf of the principal in dealings with third parties.

AGENT

A person who acts on behalf of a principal.

A.K.A

This abbreviation refers to “also known as” and is used in instances where confusion exists concerning the identity of a party on the vesting.

ALIENATION CLAUSE

A clause in a note or trust deed permitting the payee or beneficiary to declare the entire balance immediately due and payable upon a transfer of the property. Also referred to as a “due on sale” clause.

A.L.T.A

American Land Title Association, commonly used in reference to a form of title policy required by lenders.

AMORTIZATION

Paying on an installment basis at stated times for a stated period until the debt is paid in full.

APPRAISAL

An opinion as to the fair market value of property.

ASSESSED VALUE

Value placed on property as a basis for taxation.

ASSESSMENTS

Special taxes imposed to pay for public improvements beneficial to a limited area.

ASSIGNEE

The person being assigned the position. For example, in a sale transaction,the Buyer.

ASSIGNMENT

A transfer in writing of a person.

ASSIGNOR

The person who assigns or transfers property.

ASSUMPTION

The taking over by one party of an obligation that was originally incurred by another, as in the assumption of an existing trust deed by the new owner when property is sold.

ATTORNEY-IN-FACT

An agent authorized to act for another as granted in a Power of Attorney document.

BALLOON PAYMENT

The final payment on an installment note which is greater than the preceding payments and which pays the note in full. Also, a payment that exceeds the normal payment program.

BENEFICIARY

As used in a trust deed loan, the Beneficiary is the lender. The Beneficiary is the party who obtains the benefit of the security.

BENEFICIARY DEMAND

A statement setting forth the amount required to payoff a loan in full.

BENEFICIARY STATEMENT

A statement supplied by a lender for purposes of verifying the loan balance, present status, and terms of the loan. In the ccom of a sale transaction in which the buyer is assuming the loan, the statement will often provide the lender.

BILL OF SALE

A written instrument evidencing the transfer of title to personal property.

BINDER

A report issued by a title insurance company binding or committing the title insurance company to issue a policy within a specified time.

BLANKER MORTGAGE OR TRUST DEED

A mortgage or trust deed which covers more than one lot or parcel of real property, often an entire subdivision.

C.A.R

California Association of Realtors. This Association guides the activities of the real estate licensees in the State of California.

C.C. & R

Covenants, Conditions and Restrictions are those matters that limit the use and enjoyment of property usually by agreements contained in deeds and other documents.

C.E.A.

California Escrow Association. An active, State-wide organization providing guidance and services for escrow personnel, including training seminars and materials.

CHAIN OF TITLE

The sequence of ownership or title on the property as evidenced by a chronological list of recorded instruments affecting the title to land.

CLOUD ON TITLE

A defect in chain of title or in documentation keeping the title from being clear and easily conveyed.

COLLATERAL

The item used to secure a loan to assure the lender of repayment or provide a source of repayment in the event of default.

COMMUNITY PROPERTY

Property acquired by husband or wife or both during marriage when not acquired as separate property.

CONDOMINIUM (CONDO)

A form of ownership of a property wherein certain parts (units) of the property are in fee title to individuals and a portion of the property is owned “in common” with the other owners.

CONFIRMATION OF SALE

Court approval of the sale of property by an executor, administrator, guardian or conservator.

CONSERVATOR

A person appointed by the court to take care of the person or property of an adult person needing such care.

CONSIDERATION

The inducement for entering into a contract sometimes known as the sales price.

CONSTRUCTIVE NOTICE

Notice given by the public records of a claim of ownership or interest in property.

CONTINGENCY

A condition of closing which is dependent upon an uncertain future event. Such conditions may prevent close of escrow by one of the principals in the event the contingency cannot be removed, such as Buyer obtaining a new loan, a Seller being able to purchcom a new house, or a Buyer being able to sell an existing house.

CONTRACT

An agreement by which a person undertakes to do or not to do a certain thing.

CONVENTIONAL LOAN

A mortgage loan which is not insured or guaranteed by a governmental agency.

CONVEYANCE

A written instrument transferring the title to or interest in real estate from one person or entity to another.

CORPORATION

An artificial being, created by law, possessing certain rights, privileges, and duties of natural persons.

DECLARATION OF HOMESTEAD

Document recorded by a homeowner to protect his home from a forced sale up to a prescribed amount in satisfaction of certain types of creditors.

DECREE

A type of court order.

DEED

Written instrument by which the ownership of land is transferred from one person to another.

DEED OF TRUST

Written instrument by which title to land is transferred to a trustee as security for a debt or other obligation. Also known as a trust deed.

DEFAULT

Failure to perform a duty or to discharge an obligation.

DEPOSIT RECEIPT

A document used when accepting “earnest money”.

DOCUMENTARY TRANSFER TAX

A State tax on the sale or conveyance of real property located in any county in the state. Applies when the consideration exceeds $100. Tax is computed at the rate of $.55 for each $500.00 of consideration or fraction thereof. Some cities have their own City Transfer Taxes.

D.R.E.

Department of Real Estate. The agency which regulates real estate licensees and the sale of property by developers in the State of California.

DUE-ON-SALE CLAUSE

A provision in a real estate loan calling for automatic maturity at the lender.

EARNEST MONEY

Funds given as a part of the purchcom price to bind a bargain, usually the initial good faith deposit of the Buyer.

ECOMMENTS

A right or interest in the land of another which exists apart from the ownership of the land, such as a right to cross over another person.

EGRESS/INGRESS

An ecomment right of way for egress (exit) and ingress (entry) to a property owned by another.

EMINENT DOMAIN

The right or power of the government to take property for a public purpose upon payment of just compensation.

ENCROACHMENT

The extension of an improvement onto the property of another, for example, a garage, fence or driveway that crosses over a lot line.

ENCUMBERANCE

A lien or charge on a property encumbering the subject parcel.

ENDORSEMENT

As to a title insurance policy, a rider or attachment forming a part of the insurance policy expanding or limiting coverage. Endorsement also refers to the act of signing a name of the back of a check or promissory note to evidence its transfer.

EQUITY

Property value in excess of mortgages and other liens.

ESCHEAT

The transfer of unclaimed funds to the State of California.

ESCROW

A transaction in which an impartial third party (escrow holder) acts upon written instructions for both seller and buyer (or for borrower and lender) by holding and delivering documents and disbursing funds when certain conditions have been fulfilled.

ESCROW ACCOUNT

An account in which the borrower.

ESCROW HOLDER

The escrow officer, escrow company or escrow agent.

EXECUTOR

A person who is designated in a will as the representative of a decedent`s estate.

EXECUTRIX

Feminine of executor.

FIDUCIARY

One who holds a position of trust and confidence. As an example: an escrow holder.

FORECLOSURE

A proceeding to enforce a lien by a sale of the property in order to satisfy the debt.

GRANT

A transfer of real property.

GRANT DEED

A written instrument transferring title to real property.

GRANTEE

The person to whom a grant is made.

GRANTOR

The person who makes a grant.

GUARDIAN

A person appointed by the court to care for the person or estate of a minor or incompetent person.

HOMESTEAD

A residence upon which the owner has recorded a Declaration of Homestead under California law.

HYPOTHECATE

To mortgage or pledge without delivery of the security to the lender. To give something as security without parting with possession.

IMPOUND ACCOUNT

Funds retained by a lender to cover such items as taxes and hazard insurance premiums. Also known as Escrow Account.

INDEMNITY

Insurance against possible loss or damage. A title insurance policy is a contract of indemnity.

INSTALLMENT NOTE

A promissory note providing for payment of the principal in two or more fixed amounts at different stated times.

INSURANCE CERTIFICATES

On condominium or townhome properties, an insurance certificate is the evidence that the unit owner and lender, if any, are insured under the terms of a Master Insurance Policy.

JOINT TENANCY

Title held by two or more persons in equal shares with right of survivorship.

JOINT VENTURE

A business undertaking by two or more persons to conduct a single enterprise for profit.

JUDGEMENT LIEN

CA statutory lien created by recording an abstract of judgment.

JUNIOR LIEN

A subordinate lien.

JURAT

The sworn statement form of the notary public certificate. The clause at the end of an affidavit with the date, location and person before whom the statement was sworn.

LAND SALES CONTRACT

The sworn statement form of the notary public certificate. The clause at the end of an affidavit with the date, location and person before whom the statement was sworn.

LECOM

A contract for the possession of land in consideration of payment of rent.

LECOMHOLD INTEREST

Having possession of a property by virtue of a Lecom.

LESSEE

The tenant under a lecom.

LESSOR

The landlord under a lecom.

LIEN

A charge, claim, or liability upon property for the payment of a debt or performance of an obligation. Examples include taxes, special assessments, judgments, mortgages, and mechanic’s liens.

LIFE ESTATE

An estate measured by the life of a natural person.

LIMITED PARTNERSHIP

A partnership composed of partners whose contribution and liability are limited.

LIQUIDATED DAMAGES

An agreed-to sum of money to be paid under a contract in the event of a breach where it would be difficult to prove the amount of actual damages.

LIS PENDENS

A legal notice recorded against property to show that litigation is pending, typically used to control or stop the transfer of the property when a conflict arises between parties in a transaction.

MECHANIC’S LIEN / CONTRACTOR’S LIEN

A statutory lien in favor of laborers and suppliers who have contributed to a work of improvement.

MORTGAGE

A written document executed by the owner of land by which the land is given as security for the payment of a debt or performance of an obligation.

MORTGAGEE

The party who obtains the benefit of a mortgage.

MORTGAGOR

The party who executes a mortgage.

MUTUAL WATER COMPANY

A water company organized by or for the benefit of water users in a given district with the object of securing an ample water supply at a reasonable rate. Shares of stock are issued to the users.

NOMINEE

A party designated to act in place of the original buyer in a real estate transaction.

NOTE

A written acknowledgment of a debt by a borrower including a promise of payment in accordance with specified terms. Also known as Promissory Note.

NOTICE OF DEFAULT

Recorded notice that a default has occurred under a deed of trust.

NOTICE OF SALE

A notice recorded by the Trustee of a Deed of Trust stating that a foreclosure action has begun and giving the date of the proposed foreclosure sale.

OFFSET STATEMENT / ESTOPPEL CERTIFICATE

Statement obtained to verify or substantiate terms of an agreement or sums of money. As an example: A Tenant Offset or Estoppel is a statement signed by the Tenant giving monthly rental sum, security deposits, last month rent paid, and describing any special agreements with the Lessor (Landlord).

PARTNERSHIPS

A voluntary association of two or more persons to carry on as co-owners of a business for profit.

PERSONAL PROPERTY

Movable property such as furniture, clothing, or a car. Property which is not real property.

PLAT MAP

A drawing giving the general physical lay-out of the land covered and included in the preliminary title report.

P.M.I.

Private Mortgage Insurance. It is obtained by a lender at the borrower’s expense as insurance covering the payment of the loan.

POWER OF ATTORNEY

A document authorizing another to act on one’s behalf as his agent.

PRELIMINARY TITLE REPORT

The initial report issued by a title insurer reflecting results of the search of title. This report sets out the terms upon which a title insurer is willing to insure the title, provides a description of the property, the vesting of the title, and any liens and encumbrances against which the company is not willing to insure.

PREPAYMENT PENALTY

A provision in a note providing for the payment of a penalty in the event the note is paid off prior to its due date.

PRINCIPAL

One who employs an agent to act on his behalf, such as the seller and buyer in an escrow transaction. Also, an amount of debt or the face value of a note or mortgage.

PROBATE

The official proving of a will as authentic or valid in a probate court.

PROPERTY PROFILE

A informational package furnished by title companies to real estate agents which usually provides copies of the current vesting deed, the tax parcel number, copies of trust deeds, and a plat map.

PRORATE

To divide equally or proportionately as to the time of use. In a sales escrow, it is the custom to prorate taxes, interest, rents, and hazard insurance premiums between buyer and seller in accordance with the respective periods of ownership.

PUBLIC REPORT

A report issued by the Department of Real Estate containing information of interest to a buyer about newly subdivided property.

PURCHCOM MONEY DEED OF TRUST

A deed of trust to secure payment of all or a portion of the purchcom price of real property.

QUALIFIED INTERMEDIARY

A person or entity serving as an intermediary in an exchange transaction.

QUIET TITLE

A legal action to establish title to real property usually used to obtain clear title on a property that is clouded by an issue of title.

QUITCLAIM DEED

A deed which conveys whatever present right, title or interest the grantor may have in real property but not containing any warranty of a valid interest on title in the grantor.

REAL PROPERTY

Land and buildings affixed to the land, including the air space above and mineral rights below, as opposed to personal property or chattels.

RECONVEYANCE

A document releasing the lien of a deed of trust.

RECORDATION

Filing a document for record in the office of the county recorder, thereby making the document part of the public record.

RENT STATEMENT

A detailed statement provided by the seller covering the rental income of a property and amounts of deposits. The statement is used in escrow for rent proration purposes and for making adjustments between the parties for deposits.

REQUEST FOR NOTICE OF DEFAULT

A notice recorded by the holder of a junior lien requesting that he be notified in the event that a Notice of Default is recorded under a senior deed of trust. If the deed of trust is foreclosed, the person requesting the notice will be notified of the foreclosure by the trustee processing the foreclosure.

R.E.S.P.A.

The Real Estate Settlement Procedures Act enacted by Congress in 1974, provides protective measures for borrowers, including establishing the manner in which closing costs are disclosed. Lenders are required to use the R.E.S.P.A. settlement statement at closing. In common usage, this form is called a ‘H.U.D.” statement.

RIGHT OF WAY

A right to cross over a parcel of land.

SATISFACTION OF JUDGEMENT

Evidence of the payment in full of a judgment lien.

SECURITY DEPOSIT

A deposit made to assure performance of an obligation, usually by a lessee.

STATEMENT OF INFORMATION FORM

A brief statement of facts relied upon by title insurers to assist in the proper identification of persons.

SUBESCROW AGENT

An approved agent to receive and disburse funds on behalf of the escrow holder or a lender, usually the title company named in the escrow.

SUBORDINATION

The procedure of allowing a new loan or obligation to take priority over an existing encumbrance.

SUBORDINATION AGREEMENT

An agreement under which a prior lien is given a lower priority to an otherwise junior lien.

SURVEY

A map or plat containing a statement of courses, distances and quantity of land and showing boundary lines of real property. Also, a process of measuring a parcel of land and ascertaining its area and boundaries.

SWING LOAN

A short-term loan obtained on a Seller’s equity for the purpose of purchasing a second property.

TAX SERVICE

A service which provides notification to a lender of whether or not a borrower is paying the real property taxes. Companies who perform this service audit the tax rolls and issue notices to lenders when taxes are delinquent.

TENANCY IN COMMON

Ownership of property by two or more persons in an undivided interest without right of survivorship.

TITLE

The evidence of ownership.

TITLE INSURANCE

An insured statement of the condition of title or ownership of real property. For a one-time-only premium, the named insured and their heirs are protected against title defects, liens, and encumbrances existing as of the date of the policy and not specifically excluded from coverage. In the event of a claim, the title company provides legal defense for the policyholder and pays any covered losses incurred as a result of such claim.

TRUST

A fiduciary relationship in which one party (trustee) holds the title to property for the benefit of another party ( beneficiary).

TRUST AGREEMENTS

A fiduciary relationship in which a trustee holds title to property for the benefit of a beneficiary.

TRUST DEED

A three-party security instrument conveying title to land as security for the performance of an obligation. The three parties are the Trustor (borrower), Trustee (acts only at time of payoff and in ccom of foreclosure), and Beneficiary ( lender).

TRUSTEE

The acting principal named in a Trust Agreement or the third party named in a trust deed.

TRUSTEE’S DEED

In a ccom of a foreclosure, the deed given by the trustee under a deed of trust when the property is sold under the power of sale.

TRUSTOR

The person who conveys property in trust or the borrower under a deed of trust.

UNINCORPORATED AREA

Property located outside the limits of any city.

UNLAWFUL DETAINER

A legal action to recover possession of real property.

USURY

Charging more interest than the law allows on a loan.

VEST

To give title to or to pass ownership to property.

WILD DOCUMENT

A commonly used expression for a document that is recorded against a property but seems to have no basis for application or connection with the property.

WILL

A disposition of property effective upon the maker’s death often referred to as a “last will and testament”.

ZONING

Governmental regulations relating to the use of real property.

allseasons escrow

6183 Paseo Del Norte, Suite 280
Carlsbad, California 92011
(760)692-1111
[email protected] 

DBO License #963-1959

ABOUT

All Seasons Escrow has been business in the city of Carlsbad since 2002. Licensed under the Department of Corporations, we are one of the few independent escrow companies left in North San Diego County. Which means we are not operated by a Real Estate office or a Title Insurance company.

Main Services

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All Seasons Escrow
Maxine Kania

Maxine Kania First started in escrow in 1988 with First American Title in Roseville, CA. Living in Carlsbad since 1993.
Happily married with 4 grown children and 2 grandchildren. Love of travelling has led to many explorations to Hawaii, Mexico and the Caribbean.
Favorite things to do at home are gardening and spoiling my two grandbabies!

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Shelly

Shelly Garibay is the Manager of All Seasons Escrow, and has been in the escrow business since 1993. She held 2nd vice president position for two years in a row for the North County Escrow Association and Secretary for the North County Chapter of NAHREP. Shelly enjoys being involved in the community and finding new hiking areas with her husband, and dog Zeus. Bilingual in Spanish,  and specializing in new home sales, re-sales, short sales, foreclosures, REOs and refinance transactions, Shelly is ready to assist you with all your escrow, and it’s notary needs.

Shelly
Trisha McClinton

Trisha McClinton has over 20 years of experience in the Escrow industry, having worked extensively with Refi’s and Reverse Mortgages.

Customer Services is a high priority with Trisha and it reflects in her work as well as with her all of her Clients escrow needs.

Trisha McClinton
Nicole Bosecker

Nicole is set up Mass Impressions in 2007. A highly talented designer and all-round creative, his aim has always been to produce great work for great clients and make the process as enjoyable, straight forward.

Nicole Bosecker
COMMERCIAL AND INDUSTRIAL REAL ESTATE

Our Escrow Officers have successfully closed a wide variety of Commercial/Industrial Real Estate Transactions including:

  • Apartment buildings, Investment Properties, Hotels/Motels
  • Land Acquisitions, Office/Medical Buildings, Retail Properties
  • Shopping Centers
  • Malls
  • Restaurants

Over the years, we’ve earned the trust of both brokers and principals as specialists in commercial transactions.

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RESIDENTIAL RESALE

A real estate transaction involving the sale of a previously owned house, residence, mobile home or property. The Escrow Holder

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FORECLOSURES & R.E.O.’S

R.E.O./Foreclosures

R.E.O. means “Real Estate Owned” and specifically means the purchase/acquisition of property owned by a lender/bank as a result of the forfeiture or

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NOTARY SERVICES

All Seasons Escrow offers Licensed Notary Public Services within the State of California. We can perform an “official notarial act” any document throughout the escrow process relating to your escrow transaction as well as other documents.

Our notaries hold a bond sufficient to fulfill the requirements of the State of California and have passed a Department of Justice background investigation.

Please contact our staff at All Seasons Escrow for all of your notary needs.

Bi-lingual Services available.

Refinances

A refinance replaces an existing mortgage or loan with a new loan on your home or rental property. The purpose of the new loan may be for consolidate debit, secure better loan terms (interest rate or terms & conditions) or withdraw equity.

Refinancing a loan involves obtaining a new loan, paying off existing loan(s) with the new loan proceeds. Your property serves as collateral for the new loan.

A seasoned Escrow Officer makes your refinance run smoothly by problem solving and managing the timing of the escrow. Our Escrow Team understands the need for creative thinking and has the ability to meet deadlines. When it’s time to refinance, remember All Seasons Escrow will represent your best interests.