Escrow & TitleIntermediateArizona Exam

An Arizona escrow agent who disbursed funds based on a fraudulently forged signature on an escrow instruction may be liable to:

ANo one, since the agent acted in good faith and Arizona limits liability to willful misconduct
BThe defrauded party for breach of the escrow agent's duty to act only on genuine instructionsCorrect
COnly the party who committed the fraud, since escrow agents have a safe harbor for following instructions
DOnly ADRE, through its $250,000 escrow recovery fund for fraud victims

Why The defrauded party for breach of the escrow agent's duty to act only on genuine instructions Is Correct

Answer B: The defrauded party for breach of the escrow agent's duty to act only on genuine instructions

Escrow agents have a duty to verify the authenticity of instructions and documents. Disbursing on forged instructions may expose the escrow agent to liability to the defrauded party, particularly if the forgery was detectable through reasonable diligence.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

Key Escrow & Title Terms in This Question

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