Real Estate Title & Escrow Glossary.

Every term you need to understand — from abstract of title to zoning. Written in plain language by real closing professionals.

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Abstract of Title

An abstract of title is a condensed history of all recorded documents and proceedings that affect the ownership of a specific piece of real...

Acceleration Clause

An acceleration clause is a provision found in most mortgage agreements and deeds of trust that allows the lender to demand full repayment ...

Acknowledgment

An acknowledgment is a formal declaration made before a notary public or other authorized officer confirming that the person signing a docu...

Adjustable-Rate Mortgage (ARM)

An adjustable-rate mortgage (ARM) is a home loan where the interest rate changes periodically based on a benchmark index plus a margin set ...

Adverse Possession

Adverse possession is a legal doctrine that allows a person to claim ownership of land they have openly, continuously, and exclusively occu...

Affidavit

An affidavit is a written statement of facts made under oath and signed before a notary public. Unlike a simple written statement, an affid...

ALTA Survey

An ALTA (American Land Title Association) survey is the most comprehensive type of property survey available, meeting rigorous national sta...

Amortization

Amortization is the process of gradually paying off a mortgage through regular installments that include both principal (the amount borrowe...

Appraisal

An appraisal is an independent, professional estimate of a property's fair market value conducted by a state-licensed or certified appraise...

Assessment

An assessment is a charge levied against a property by a government entity or homeowners association for a specific purpose. Unlike regular...

Assignment

An assignment is the transfer of rights, title, or interest in a property, contract, or financial instrument from one party (the assignor) ...

Assumption of Mortgage

An assumption of mortgage occurs when a buyer takes over the seller's existing mortgage, including its terms, interest rate, and remaining ...

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Capital Gains

Capital gains are the profits realized when a property is sold for more than its adjusted cost basis — which is the original purchase pri...

Cash to Close

Cash to close is the total amount of money a buyer needs to bring to the closing table to complete the purchase of a property. It is not si...

Certificate of Occupancy

A certificate of occupancy (CO) is a document issued by a local government building or zoning department confirming that a building complie...

Chain of Title

The chain of title is the complete history of ownership transfers for a piece of real property, from the original government grant or paten...

Clear Title

A clear title — also called clean title, marketable title, or free and clear title — means the property has no liens, encumbrances, or ...

Closing

Closing — also called settlement, completion, or escrow closing depending on your region — is the final step in a real estate transacti...

Closing Costs

Closing costs are the collective fees and expenses paid at the closing of a real estate transaction, above and beyond the property's purcha...

Closing Disclosure

The closing disclosure (CD) is a standardized five-page document that provides the final, detailed accounting of your mortgage loan terms a...

Cloud on Title

A cloud on title is any claim, lien, encumbrance, or defect that casts doubt on the validity of a property's ownership. A clouded title doe...

Commitment for Title Insurance

A commitment for title insurance — also called a title commitment, title binder, or preliminary title report — is a document issued by ...

Comparable Sales (Comps)

Comparable sales — universally known as "comps" — are recently sold properties that are similar to the subject property in terms of loc...

Contingency

A contingency is a condition written into a purchase agreement that must be satisfied before the transaction is legally binding or before c...

Conveyance

Conveyance is the legal process of transferring ownership of real property from one party to another. It is the formal act of making someon...

Covenant

A covenant is a binding agreement or promise written into a deed, subdivision declaration, or other recorded legal document that requires o...

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Deed

A deed is the legal document that transfers ownership — known as title — of real property from one party (the grantor) to another (the ...

Deed in Lieu of Foreclosure

A deed in lieu of foreclosure is a voluntary arrangement where the borrower transfers ownership of the property directly to the lender to s...

Deed of Trust

A deed of trust is a legal document used in many states as an alternative to a traditional mortgage to secure a real estate loan. While a m...

Deed Restriction

A deed restriction is a limitation on the use of a property that is written into the deed itself or in a separate recorded document (such a...

Default

Mortgage default occurs when a borrower fails to meet the terms and conditions of their loan agreement. While most people associate default...

Defect in Title

A defect in title — also called a title defect or title flaw — is any issue that challenges the validity of ownership or creates uncert...

Disbursement

Disbursement is the process of distributing funds from the escrow account at closing. The settlement agent — typically from the title com...

Discount Points

Discount points — commonly called mortgage points or simply "points" — are upfront fees paid to the lender at closing to permanently re...

Documentary Stamps

Documentary stamps — commonly called "doc stamps" — are a form of transfer tax imposed by state or local government when real property ...

Down Payment

The down payment is the portion of the purchase price that the buyer pays out of pocket at closing, with the remainder financed through a m...

Dry Closing

A dry closing is a real estate closing where all documents are signed by both buyer and seller, but the funds are not disbursed on the same...

Due Diligence

Due diligence is the comprehensive investigation and verification process that a buyer conducts before completing a real estate purchase. I...

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Earnest Money

Earnest money — also called a good faith deposit, binder deposit, or escrow deposit — is a sum of money the buyer puts down when submit...

Easement

An easement is a legal right that allows someone other than the property owner to use a specific portion of the property for a defined purp...

Eminent Domain

Eminent domain is the government's constitutional power to take private property for public use, provided the owner receives "just compensa...

Encroachment

An encroachment occurs when a structure, improvement, or feature on one property extends beyond its legal boundary onto neighboring land or...

Encumbrance

An encumbrance is any claim, lien, charge, or liability attached to a property that may diminish its value, restrict its use, or affect the...

Endorsement

A title insurance endorsement is an amendment or addition to a standard title insurance policy that provides extra coverage for specific ri...

Equity

Equity is the difference between your property's current fair market value and the total amount owed on all mortgages and liens against it....

Escrow

Escrow is a financial and legal arrangement where a neutral third party holds money, documents, or property on behalf of two or more partie...

Escrow Account

An escrow account — also called an impound account or reserve account — is an account maintained by a mortgage lender or servicer to co...

Escrow Agent

An escrow agent is the neutral third party responsible for holding funds, documents, and instructions during a real estate transaction and ...

Estoppel Letter

An estoppel letter — also called an estoppel certificate or HOA estoppel — is a document issued by a homeowners association (HOA) or co...

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PITI

PITI is an acronym that stands for Principal, Interest, Taxes, and Insurance — the four components that make up a standard monthly mortga...

Plat

A plat — also called a plat map, subdivision plat, or recorded plat — is a detailed, scaled drawing of a subdivision or development tha...

Power of Attorney

A power of attorney (POA) is a legal document that authorizes one person — called the agent or attorney-in-fact — to act on behalf of a...

Preliminary Title Report

A preliminary title report — commonly called a "prelim" or "PTR" — is a document issued by the title company that discloses the current...

Prepaid Items

Prepaid items are expenses paid at closing that cover costs extending beyond the closing date. They represent real expenses the buyer would...

Principal

In mortgage lending, principal refers to the original amount of money borrowed, or the remaining outstanding balance of the loan at any giv...

Private Mortgage Insurance (PMI)

Private mortgage insurance (PMI) is insurance required by conventional mortgage lenders when the borrower's down payment is less than 20% o...

Probate

Probate is the legal process of settling a deceased person's estate — validating their will (if one exists), identifying and valuing asse...

Promissory Note

A promissory note is a legally binding written promise to repay a specific amount of money under defined terms. In real estate, the promiss...

Property Tax

Property tax is an annual tax levied by local governments — counties, cities, municipalities, school districts, and special taxing distri...

Proration

Proration is the process of fairly dividing certain property-related expenses between the buyer and seller based on the closing date. The p...

Purchase Agreement

A purchase agreement — also called a sales contract, purchase contract, or contract for sale — is the legally binding agreement between...

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Tax Lien

A tax lien is a government claim against real property for unpaid taxes. It is one of the most powerful types of liens in real estate becau...

Tenancy in Common

Tenancy in common (TIC) is a form of co-ownership where two or more individuals hold undivided interests in the same property. Unlike joint...

Title

Title is the legal concept of ownership — the bundle of rights that come with owning real property. Having title means you have the legal...

Title Commitment

A title commitment — also called a commitment for title insurance or binder — is the formal document from the title company that sets o...

Title Examination

A title examination is the comprehensive legal review and analysis of all records and documents affecting the ownership and condition of ti...

Title Insurance

Title insurance is an insurance policy that protects property owners and mortgage lenders against financial losses from defects in the titl...

Title Search

A title search is the process of examining public records to determine the ownership history and current legal status of a specific propert...

Transfer Tax

Transfer tax is a tax imposed by state, county, or municipal government when real property ownership changes hands. It is essentially the g...

Trust

A trust is a legal arrangement where one party (the trustor, grantor, or settlor) transfers ownership of property to another party (the tru...

Trustee

A trustee is the person or entity that holds legal title to property in a trust arrangement, managing it according to the trust agreement f...

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