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Glossary

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Escrow

A neutral third-party arrangement where funds, documents, or property are held until specified contract conditions are met.

In depth

Escrow refers to either a closing escrow, where a neutral agent holds money and documents until closing conditions are satisfied, or an ongoing escrow account, where a loan servicer collects monthly amounts for taxes and insurance. Misconception: escrow is not optional fluff; it protects both parties by ensuring no one performs without the other. Practically, in FSBO and seller-finance transactions, using a title company or attorney as escrow agent prevents disputes over earnest money, recording, and proration of taxes. Ongoing escrow accounts for taxes and insurance protect the seller-financier from tax liens and insurance lapses that could destroy collateral. RESPA limits escrow cushion amounts and requires annual analysis statements when consumer loans are involved.

Educational content only. Definitions reflect typical usage in US owner-finance and FSBO transactions; statutes and case law vary by state. Consult a licensed real-estate attorney for fact-specific guidance.