{ "topic": "seller proceeds", "generatedAt": "2026-06-03T20:12:49.069Z", "count": 3, "records": [ { "id": "dfpi-eac-002", "slug": "2024-12-17-meeting-minutes-02", "sourceId": "dfpi-escrow-advisory-committee", "title": "DFPI Escrow Advisory Committee Meeting Minutes", "agencyName": "California Department of Financial Protection and Innovation", "jurisdiction": "California", "meetingDate": "2024-12-17", "publishedDate": null, "recordType": "meeting_minutes", "recordTypeLabel": "meeting minutes", "sourceUrl": "https://dfpi.ca.gov/wp-content/uploads/2025/02/2024-12-17-EAC-Meeting-Minutes.pdf", "rawFileUrl": "https://dfpi.ca.gov/wp-content/uploads/2025/02/2024-12-17-EAC-Meeting-Minutes.pdf", "sourceSnapshotHash": "d2e46c77bbdecafa03457d1effbde8e635f242851ed53d5eb15c5e525dbd0c4e", "textHash": "0bde8b14fc15bb3edb6be429adf3dcd6d4bfc23d2ebca978e0e3d7db2bb0919a", "extractedTextStatus": "complete", "topics": [ "escrow", "title", "settlement funds", "consumer protection", "wire fraud", "business email compromise", "escrow instructions", "wire instructions", "seller proceeds", "buyer funding", "trust account", "cybersecurity", "title insurance", "complaints", "education", "training", "real estate fraud", "NMLS", "licensing", "examinations", "enforcement", "escrow accounting software" ], "entityNames": [ "DFPI", "Escrow Advisory Committee" ], "quotedTerms": [ "escrow", "title", "settlement funds", "consumer protection", "wire fraud", "business email compromise", "escrow instructions", "wire instructions", "seller proceeds", "buyer funding", "trust account", "cybersecurity", "title insurance", "complaints", "education", "training", "real estate fraud", "NMLS", "licensing", "examinations", "enforcement", "escrow accounting software" ], "summary": "meeting minutes from California Department of Financial Protection and Innovation with public discussion or agenda items touching title, settlement funds, consumer protection, wire fraud, and business email compromise.", "reviewedStatus": "machine_extracted", "createdAt": "2026-06-03T20:12:49.069Z", "updatedAt": "2026-06-03T20:12:49.069Z", "relevantPassages": [ "der attempted to reverse a funding after recording had been scheduled, creating complications due to a lack of communication between the lender, escrow practitioner, and title company. Tu and Silberberg emphasized the need for clearer protocols to prevent such situations. Discussion followed on the importance of communication and defined responsibilities in transactions. Silberberg questioned the scope of management training, asking whether it should focus on daily operations. Davis noted that escrow licenses are business licenses and that statutory requirements, rather than best practices, sh", " a number of years, during which regulatory updates, technological advancements, and compliance challenges had emerged. The DFPI aims to revamp the training, focusing on trust account reconciliation, internal controls, regulatory reporting, and client fund management. He invited input on key compliance challenges from advisory members. PJ Garcia raised concerns about industry professionals complying with inappropriate requests from lenders and brokers. Tu highlighted issues with escrow officers being asked to perform tasks beyond their role. The discussion centered on defining responsibilities", "larly representation from Northern California and specialty escrow sectors. They noted remote participation makes regional representation more feasible. Liang added that consumer advocacy representation could provide valuable perspectives. Tu encouraged broader participation, noting that even non-committee members could contribute meaningfully. Silberberg echoed this, urging outreach to fill vacancies. Watrous observed that online attendance remained high, reflecting strong interest in participation. 4. DFPI Updates Liang provides updates about the launch of the newly redesigned DFPI website o", " to perform tasks beyond their role. The discussion centered on defining responsibilities and minimizing unnecessary compliance burdens. Silberberg raised concerns about wire handling and operational processes. PJ Garcia noted inconsistencies in company policies and suggested clearer guidance, citing commission disbursements as an example. She also shared an instance where a lender attempted to reverse a funding after recording had been scheduled, creating complications due to a lack of communication between the lender, escrow practitioner, and title company. Tu and Silberberg emphasized the n", "hip to an external conservator to oversee the final stages of refund issuance and the winding down of operations. Suzuki also raised concerns about the growing threat of cyber theft. He highlighted the ongoing risk of business email compromise schemes, where cybercriminals manipulate email Page 11 of 13 communications to deceive escrow agents into misdirecting funds. He urged the industry to stay vigilant and continually educate staff on cybersecurity best practices. Suzuki shared several recent fraud schemes to underscore the importance of stringent security measures: Foreign Bank Check Scam " ] }, { "id": "dfpi-eac-006", "slug": "2024-06-18-meeting-minutes-06", "sourceId": "dfpi-escrow-advisory-committee", "title": "DFPI Escrow Advisory Committee Meeting Minutes", "agencyName": "California Department of Financial Protection and Innovation", "jurisdiction": "California", "meetingDate": "2024-06-18", "publishedDate": null, "recordType": "meeting_minutes", "recordTypeLabel": "meeting minutes", "sourceUrl": "https://dfpi.ca.gov/wp-content/uploads/sites/337/2024/07/2024-6-18-EAC-Meeting-Minutes.pdf", "rawFileUrl": "https://dfpi.ca.gov/wp-content/uploads/sites/337/2024/07/2024-6-18-EAC-Meeting-Minutes.pdf", "sourceSnapshotHash": "8ecdfccf666924fdb4b6a60aa77c8cce2061dbd92a32838e9da42284d0f2c7a9", "textHash": "7d7d47b8feaed42853ecf84361dee044325f4edbc67b4e61f5c998773d2b3c1e", "extractedTextStatus": "complete", "topics": [ "escrow", "title", "settlement funds", "consumer protection", "wire fraud", "business email compromise", "escrow instructions", "wire instructions", "seller proceeds", "buyer funding", "payoff demand", "trust account", "cybersecurity", "title insurance", "complaints", "education", "training", "real estate fraud", "NMLS", "licensing", "examinations", "enforcement" ], "entityNames": [ "DFPI", "Escrow Advisory Committee" ], "quotedTerms": [ "escrow", "title", "settlement funds", "consumer protection", "wire fraud", "business email compromise", "escrow instructions", "wire instructions", "seller proceeds", "buyer funding", "payoff demand", "trust account", "cybersecurity", "title insurance", "complaints", "education", "training", "real estate fraud", "NMLS", "licensing", "examinations", "enforcement" ], "summary": "meeting minutes from California Department of Financial Protection and Innovation with public discussion or agenda items touching title, settlement funds, consumer protection, wire fraud, and business email compromise.", "reviewedStatus": "machine_extracted", "createdAt": "2026-06-03T20:12:49.069Z", "updatedAt": "2026-06-03T20:12:49.069Z", "relevantPassages": [ " Silberberg questioned whether both escrow companies and employees need to be licensed as professionals for it to work. Additionally, escrow employees in real estate and title-controlled companies need to meet the same standards as those in independent escrow companies if exemptions are not removed. Controlled escrow operations are compartmentalized. Silberberg agreed with Davis on removing broker exemptions. Felde stated that he is in favor of a professional license for the settlement agent industry because escrow agents operate as professionals. A professional license leads to education, whi", "DFPI’s website. During the review of Fountain Valley Escrow’s annual audited report, a DFPI examiner noted a particular reconciliation item which identified a fraudulent wire out due to a wire hacking incident. A special exam was assigned to investigate the issue further. The licensee explained that their business was hacked and they basically fell victim to a phishing scheme which led to the unauthorized wires that were sent out from their trust account. The licensee claimed that the bad actor gained access to their business operation system, including phone and email. The special exam disclo", " effectively regulate the industry. Due to extremely limited resources, the escrow program’s exam team could only focus on priority examinations and cases causing direct consumer harm such as embezzlement and misappropriation of trust funds, etc. Cutting expenses did not appear to be an effective way of eliminating the deficit. So the DFPI needs to work with the industry to solve the deficit on the revenue side. This means reevaluating some of the fees and assessments that have not changed for decades or identifying new revenue sources. Greg Young shared with the committee in the last meeting ", "ails. Some policies only cover the cost of having someone investigate the Page 4 of 10 cyber incident but not the loss of trust funds. Davis commented that payoff demand fraud was also on the uptick, similar to cyber-attacks which target settlement agents. Liang informed the advisory members that the DFPI legal division is reviewing the recommendations from advisory members regarding rulemaking on audit procedures. The DFPI is also reviewing the lender vetting issue. Liang will share updates when they are available. 6. Examination Issues Suzuki stated that the exam staff have moved from conduc", "ners are working diligently to investigate and finalize their results for these possible conservatorship cases. Page 6 of 10 Two of those three cases appear to be due to cyber theft, and the other appears to be a misappropriation of funds by the owner. Nothing else could be shared publicly on these ongoing investigations. Suzuki will provide more when these investigations are completed, and appropriate actions are taken. Liang added that the examiner’s hours incurred handling in-house conservatorships are not billable to any companies, and the DFPI cannot recover the costs from doing in-house " ] }, { "id": "dfpi-eac-015", "slug": "2023-06-13-meeting-minutes-15", "sourceId": "dfpi-escrow-advisory-committee", "title": "DFPI Escrow Advisory Committee Meeting Minutes", "agencyName": "California Department of Financial Protection and Innovation", "jurisdiction": "California", "meetingDate": "2023-06-13", "publishedDate": null, "recordType": "meeting_minutes", "recordTypeLabel": "meeting minutes", "sourceUrl": "https://dfpi.ca.gov/wp-content/uploads/2024/05/2023-6-13-EAC-Meeting-Minutes.pdf", "rawFileUrl": "https://dfpi.ca.gov/wp-content/uploads/2024/05/2023-6-13-EAC-Meeting-Minutes.pdf", "sourceSnapshotHash": "ab916f6e5a004f39a0e7b53a0e4d05f2cc167c45c056daac9b55302917536120", "textHash": "6afe05cdafd0869f56c514ab54438e702d7a5391c301ea5fb111eb66d940bb15", "extractedTextStatus": "complete", "topics": [ "escrow", "title", "settlement funds", "consumer protection", "wire fraud", "escrow instructions", "wire instructions", "seller proceeds", "buyer funding", "trust account", "good funds", "title insurance", "education", "real estate fraud", "licensing", "examinations", "enforcement", "escrow accounting software", "remote work" ], "entityNames": [ "DFPI", "Escrow Advisory Committee" ], "quotedTerms": [ "escrow", "title", "settlement funds", "consumer protection", "wire fraud", "escrow instructions", "wire instructions", "seller proceeds", "buyer funding", "trust account", "good funds", "title insurance", "education", "real estate fraud", "licensing", "examinations", "enforcement", "escrow accounting software", "remote work" ], "summary": "meeting minutes from California Department of Financial Protection and Innovation with public discussion or agenda items touching title, settlement funds, consumer protection, wire fraud, and escrow instructions.", "reviewedStatus": "machine_extracted", "createdAt": "2026-06-03T20:12:49.069Z", "updatedAt": "2026-06-03T20:12:49.069Z", "relevantPassages": [ "struction under the escrow regulation. Garcia commented that the problem to say no to CDA is to give a competitive advantage to DRE broker-controlled escrow companies or title-controlled escrow companies that will say yes. Liang stated the Department observed in recent years real estate brokers used escrow agents as Page 3 of 6 bookkeeper to manage their earned commissions and use those funds to pay their personal and business expenses such as to pay referral fees to a different broker, paying college tuitions, personal credit card payment, car payment, child support, alimony, etc. Liang remin", "Licensees Page 2 of 6 should also be aware it may be outside of the scope of escrow to provide bookkeeping and bill payment services to the seller for their funds in the trust account. Larry Black questioned if a licensee holds rent or security deposit post-closing, would the funds being held be considered a holding escrow. Liang stated whether any remaining funds in the escrow would be considered as turning into holding escrow requires a review on a case-by-case basis. Typically, post-closing funds being held for repair, termite works, etc. are not considered as holding escrow. If the license", " to submit an annual audit report. It is not uncommon to see a licensee rescind their request to surrender a license. Garcia questioned how such requirement will benefit consumer if a licensee does not have the funds to meet its financial requirements or to engage a CPA to do an annual audit. Liang stated maintaining financial requirements and submitting an annual audit mitigate risks to consumer funds. Those requirements may be waived under some circumstances such as when the Department is placing the company under conservatorship or receivership. In those cases, an annual audit report may no", "ion where the sellers were a traveling couple. The licensee communicated with the sellers verbally and electronically. The licensee had the seller’s signed and notarized wire instructions. The transaction was recorded, and proceeds were wired. The licensee also mailed the final closing statement to the sellers. The wire was rejected by the receiving bank because the beneficiaries on the wire were different from the name of the account holder. The vacant landowner received the final closing statement and contacted the licensee that they had no knowledge of this sale. It appears a fraudster impe", "he proceeds. Cassel suggested licensees remain neutral and ask the seller(s) to get legal advice as there may be tax consequences. Liang stated if a licensee follows the instructions from the principals to disburse proceeds to seller(s) of the transaction, there is no apparent escrow violation. Licensees are encouraged to disburse proceeds promptly to avoid proceeds being turned into a holding escrow. Licensees Page 2 of 6 should also be aware it may be outside of the scope of escrow to provide bookkeeping and bill payment services to the seller for their funds in the trust account. Larry Blac" ] } ] }