Closing Real Estate Transactions – Vocabulary Flashcards

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Vocabulary flashcards summarizing key terms and concepts related to real estate closing, settlement procedures, RESPA requirements, proration, and associated documentation.

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30 Terms

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Accrued Expense

An item on a settlement statement for which the cost has been incurred but not yet paid; treated as paid in arrears.

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Affiliated Business Arrangement (AfBA)

A situation in which a party in a position to refer settlement services has a 1%+ ownership interest in the provider and refers or influences selection of that provider; must be properly disclosed under RESPA.

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Bill of Sale

A document used to transfer ownership of personal property from one party to another.

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Closing (Settlement / Loan Consummation)

The final stage of a real estate transaction in which ownership transfers from seller to buyer in accordance with the purchase agreement.

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Closing Disclosure

Standardized, final accounting document for RESPA-related transactions that lists each party’s debits and credits; must be delivered at least three business days before loan consummation.

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Credit

A sum of money to be received by a party on the settlement statement.

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Debit

A sum of money a party owes on the settlement statement.

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Deed

A written instrument by which a grantor transfers ownership or interest in real property to a grantee.

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Discharge of Mortgage (Release of Lien / Satisfaction of Mortgage)

Document issued by a lender once the seller’s mortgage is paid off; should be recorded to clear title.

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Escrow Closing

A settlement procedure conducted by a disinterested third party (escrow agent) where buyer and seller are not present.

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Escrow Reserves

An account held by a lender into which borrowers deposit 1/12 of annual tax and insurance costs each month to pay future bills.

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Evidence of Title

Proof of marketable title provided through a title report or title insurance policy.

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Foreign Investment in Real Property Tax Act of 1980 (FIRPTA)

Federal law imposing income tax withholding on foreign persons who sell or dispose of U.S. real property interests.

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Home Warranty (Home Protection Plan)

A contract that provides discounted repair or replacement service on a home’s major components.

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IRS Form 1099-S

Form a settlement officer files with the IRS reporting the seller’s proceeds from a real estate sale.

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Kickback

Undisclosed fee or compensation for a business referral without services performed; prohibited by RESPA.

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P.O.C. (Paid Outside Closing)

Expenses related to a real estate transaction that are paid outside of closing; noted on the settlement statement but not debited or credited.

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Prepaid Expenses

Items the seller has paid in advance that the buyer will use; result in seller credit and buyer debit on the settlement statement.

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Proration

Allocation of expenses between buyer and seller in proportion to actual usage as of closing.

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Real Estate Settlement Procedures Act (RESPA)

1974 federal law (Regulation X) governing real estate closings that requires cost disclosures, bans kickbacks, and regulates affiliated business arrangements.

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Recording Fees

Charges for filing documents in the county recorder’s office so they become part of the public record.

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Referral (RESPA definition)

Any oral or written action that affirmatively influences the selection of a settlement-service provider.

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Roundtable Closing

Face-to-face settlement meeting with all parties present, typically at a title company, brokerage, lender, or attorney’s office.

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Settlement Officer (Closing / Escrow / Title Agent)

Person responsible for coordinating documents and funds to complete a real estate transaction and preparing the settlement statement.

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Settlement Services

Any services provided in connection with the closing of a real estate transaction (lending, title, brokerage, inspection, appraisal, etc.).

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Statutory Year (Banker’s Year)

A 360-day year consisting of 12 months of 30 days each, often used in proration calculations.

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Title Insurance

Policy that protects lenders or owners against losses from undiscovered title defects or encumbrances.

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Title Report

Document issued by a title company disclosing the current condition of title and any defects or encumbrances.

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Transfer Tax

Tax levied by a state, county, or municipality on the transfer of real property; often calculated per $1,000 of purchase price.

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TRID Rule

TILA-RESPA Integrated Disclosure rule that created the Loan Estimate and Closing Disclosure to provide consumer-friendly, standardized forms.