Glossary
Executor: A person named in a will and
premiums, or other charges when they
are due. Sometimes referred to as an
approved by a probate court to adminis-
"impound" or "reserve" account.
ter the deposition of an estate in accor-
dance with the instructions of the will.
Escrow Analysis: The accounting that
a mortgage servicer performs to deter-
F
mine the appropriate balances for the
escrow account, compute the borrower's
monthly escrow payments, and deter-
Fair Credit Reporting Act (FCRA): A
mine whether any shortages, surpluses
consumer protection law that imposes
or deficiencies exist in the account.
obligations on (1) credit bureaus (and
similar agencies) that maintain consum-
Eviction: The legal act of removing
er credit histories, (2) lenders and other
someone from real property.
businesses that buy reports from credit
bureaus, and (3) parties who furnish
Exclusive Right-to-Sell Listing: The
consumer information to credit bureaus.
traditional kind of listing agreement un-
Among other provisions, the FCRA limits
der which the property owner appoints
the sale of credit reports by credit bu-
a real estate broker (known as the list-
reaus by requiring the purchaser to have
ing broker) as exclusive agent to sell the
a legitimate business need for the data,
property on the owner's stated terms,
allows consumers to learn the informa-
and agrees to pay the listing broker a
tion on them in credit bureau files (in-
commission when the property is sold,
cluding one annual free credit report),
regardless of whether the buyer is found
and specifies procedure for challenging
by the broker, the owner or another
errors in that data.
broker. This is the kind of listing agree-
ment that is commonly used by a list-
Fair Market Value: The price at which
ing broker to provide the traditional full
property would be transferred between
range of real estate brokerage services.
a willing buyer and willing seller, each
If a second real estate broker (known as
of whom has a reasonable knowledge of
a selling broker) finds the buyer for the
all pertinent facts and is not under any
property, then some commission will be
compulsion to buy or sell.
paid to the selling broker.
Fannie Mae: A New York stock ex-
Exclusive Agency Listing: A listing
change company. It is a public company
agreement under which a real estate
that operates under a federal charter
broker (known as the listing broker) acts
and is the nation's largest source of
as an exclusive agent to sell the prop-
financing for home mortgages. Fannie
erty for the property owner, but may be
Mae does not lend money directly to
paid a reduced or no commission when
consumers, but instead works to en-
the property is sold if, for example, the
sure that mortgage funds are available
property owner rather than the listing
and affordable, by purchasing mortgage
broker finds the buyer. This kind of list-
loans from institutions that lend directly
ing agreement can be used to provide
to consumers.
the owner a limited range of real estate
brokerage services rather than the tra-
Fannie Mae-Seller/Servicer: A lender
ditional full range. As with other kinds
that Fannie Mae has approved to sell
of listing agreements, if a second real
loans to it and to service loans on Fan-
estate broker (known as a selling broker)
nie Mae's behalf.
finds the buyer for the property, then
some commission will be paid to the
Fannie Mae/Freddie Mac Loan Limit:
selling broker.
The current 2006 Fannie Mae/Freddie