Real Estate FAQs

About FAQs

These FAQs are intended to be a general discussion of common real estate issues, and are not intended to be taken as specific legal or accounting advice that applies to your individual fact situation. Many real estate issues are determined by laws that change from state to state. You are encouraged to talk to your lawyer and accountant to find the exact answers to the questions in your state based on your facts and circumstances. See also the disclaimers below. The FAQs are broken into three categories: issues with residential real estate, issues with commercial real estate, and glossary of real estate terms.

Common Issues with Residential Real Estate

• Concerns with Buying a Home
• Concerns with Title
• Manner in Which Title Is Taken and Held
• Different Forms of Deeds
• Survey Issues
• Easement Issues
• Escrow Issues
• Zoning Issues

Common Issues With Commercial Real Estate

• What is commercial financing in general?
• Exchanges Under Code Section 1031
• What types of notes are used in commercial financing?
• What is the difference between a mortgage and a deed of trust?
• What is an assignment of leases?
• What is a UCC financing statement?
• Why do lenders require environmental indemnity agreements?
• When do I need a subordination, non-disturbance and attornment agreement?
• What is an estoppel certificate?
• What is the effect of a guaranty?
• What other collateral documents are common in a commercial loan closing?
• Why would the lender require a special purpose entity (also called "single purpose entities")?
• What are non-recourse loans and non-recourse carve-outs?
• What is the effect of a due on sale clause?
• Why do lenders charge prepayment premiums?
• What does title insurance do?
• What choices of borrower’s entity are available?
• What is a leasehold mortgage?
• What are junior liens?
• What are participation loans?
• When are intercreditor and subordination agreements used?
• How is mezzanine financing different from other commercial loans?
• What does "equitable subordination" mean?
• What impact does the deletion of the "creditors’ rights" exclusion have on a title insurance policy?
• What is a foreclosure?
• How does a lender exercise a power of sale?

Glossary of Real Estate Terms

More Information for Consumers

• Keys to My House Video - A Consumer's Guide to Buying Your First Home
• Home Buying Resource List

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