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Why Paper Checks Don't Pass the Closing Test

By Jessica Youngs, Esq.·
Why Paper Checks Don't Pass the Closing Test

When it comes to real estate closing day, timing is everything. While many buyers assume a cashier's check is as good as gold, relying on paper checks can cause major delays—or even leave you standing outside your new front door waiting for keys.

Here is why settlement agents and title companies strongly prefer, or outright require, wire transfers over cashier's checks for closing funds.

1. "Good Funds" Laws and Immediate Availability

In most jurisdictions, title companies are governed by strict "Good Funds" regulations. They are legally barred from disbursing funds (paying off the seller's mortgage, paying real estate agents, or recording the deed) until the buyer's money is fully cleared and available in their escrow account.

  • Wire Transfers: Federal regulations require banks to make wire transfers available immediately upon receipt. Once the wire hits the escrow account, the funds are cleared and ready to disburse. However, it's important to realize that there still can be holds on wire transfers if the Federal Reserve places a hold on a wire. That is why it is so important when wiring money to leave plenty of time for the sending and receiving institution to transmit the funds.
  • Cashier's Checks: Despite their reputation, cashier's checks are subject to holds. Banks can place holds on large cashier's checks for several business days while verifying authenticity, meaning the title company cannot release the keys until the funds clear.

2. The Explosion of Cashier's Check Fraud

Cashier's checks used to be the gold standard, but high-quality counterfeit checks have changed the landscape. Fraudsters routinely fake bank watermarks, routing numbers, and official signatures. Because title companies cannot instantly verify the legitimacy of a physical check at the closing table, many title insurance underwriters now prohibit escrow officers from accepting paper checks above a certain threshold.

3. Speed at the Closing Table

Real estate transactions involve a chain reaction of payments. On closing day, your money doesn't just sit in escrow, it quickly gets transferred to pay off the seller's existing mortgage, cover property taxes, and pay county recording fees. A wire transfer keeps the engine moving seamlessly so everyone gets paid on time and ownership transfers without a hitch.

A Critical Warning on Wire Fraud

While wires are the fastest and safest method for clearing funds, wire transfer fraud is a massive issue in real estate. Cybercriminals frequently hack or spoof email accounts belonging to real estate agents and title companies to send fake wiring instructions.

Always verify wiring instructions by calling your title company directly using a verified phone number before sending your money.

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