Escrow opens when we have a signed contract and enough facts to order title and hold a deposit. Missing papers do not always stop the open. They do stop a later recording. Send what you have the same day. Call or text for the rest.
NESI is title and escrow on one file. We follow written instructions. We do not decide which disclosure or entity document the law requires.
Core Documents to Open Escrow from Either Side
To get the file moving quickly, the following items are required from either side or the real estate agent:
- Fully signed purchase agreement and every addendum.
- Property address and all party names as they should appear.
- Who is holding the earnest money and how it will be sent.
- Complete contact list including agents, lender, and transaction coordinator.
Required Buyer-Side Documents to Open Escrow
The buyer’s package requires specific documentation to establish identity, vesting, and deposit security:
- Government-issued ID.
- Vesting the buyer actually wants (and a Statement of Information when title asks).
- Proof of funds or lender pre-approval. This is useful for the file, while the loan package itself stays with the lender until it is time to sign.
- Wire-fraud acknowledgment.
Important: Deposits must be sent only according to NESI instructions confirmed by a known phone number, never from a new email. Cash files skip the loan, but they do not skip ID, vesting, or good funds.
Required Seller-Side Documents to Open Escrow
Sellers must provide verification details and loan info to prepare for payoff demands:
- Government-issued ID.
- Existing loan numbers and servicer names for payoff demands.
- HOA name and management company, if applicable.
- Known trusts, entities, deaths, or marital changes on title.
The prelim is our search, not a seller form. California transfer disclosures (including a TDS on many 1 to 4 residential sales) are the parties’ and their agents’ documents under the contract, not something escrow drafts.
Additional Documents When Title Is Not a Simple Individual Name
If title is held under a specialized structure, extra documents to open escrow are required:
Trust
Certification of trust or the specific pages counsel says to send. These must be prepared by the trustee or the trustee’s attorney, not by NESI.
Estate
Letters, court order, or other papers counsel is using to establish legal authority.
LLC or Corporation
Formation papers, operating agreement or bylaws, and a written authorization specifying the person who will sign.
Short Sale
Contract language plus later written lender approvals. The hardship package goes directly to the lender, not to escrow as a souvenir.
Refinance and Commercial Transactions
Refinance and commercial files follow the same core rules: ID, authority to sign, loan numbers, and entity or trust papers. There is no purchase contract on a refinance; the lender’s opening sheet takes its place.
What Escrow Sends Back
Once you provide the necessary documents to open escrow, we send back:
- Supplemental escrow instructions.
- Information worksheets.
- A wire-fraud form.
Buyer funds to close on our purchase files are certified funds, typically required three business days before the target closing date.
Instructions for Listing Agents, Buyer’s Agents, and Loan Officers
Open the file with the contract and any special circumstances (trust, death, HOA, short sale) included in the very first email. That is the checklist that matters most. We provide language support at the signing table and conduct closings where the signer needs to be.
Frequently Asked Questions (FAQs)
Who gathers the required documents to open escrow?
Each side gathers their required paperwork, usually through their agent. Escrow will follow up for anything the file still lacks.
Can we open escrow with missing documents?
Often yes. We can open the file, but we cannot record the transaction around a missing signer or an unpaid loan demand.
How do cash deals differ from loan deals when providing documents to open escrow?
Cash deals require proof of funds instead of a Closing Disclosure (CD). However, ID, vesting, and verified funds are still required.
Does the seller bring the preliminary title report?
No. Escrow orders and conducts the title search directly.
This article is general information only. It is not legal, tax, or insurance advice and is not a commitment to open, fund, or close any file. Required documents depend on the contract, the lender, underwriting, and the way title is held. NESI Title and Escrow Company assumes no liability for reliance on this content. Services are provided subject to applicable law, underwriting, and written escrow instructions.
Open a file: nesititle.com
