It's important to choose a reputable title company or real estate attorney to handle the title services for your real estate transaction in Florida to ensure all of these steps and issues are properly handled.
Title Search and Examination
Title services begin with a comprehensive title search conducted by a title company or a real estate attorney. The purpose of the title search is to review public records and verify the property's ownership history, any outstanding liens, encumbrances, or other title defects that could affect the property's ownership rights.
In Florida, title insurance is typically issued in connection with real estate transactions. Title insurance provides protection against any undiscovered defects or claims that may arise after the property is purchased. There are two types of title insurance policies in Florida: owner's title insurance, which protects the buyer, and lender's title insurance, which protects the mortgage lender.
After completing the title search, the title company or attorney issues a title commitment. This document outlines the conditions under which the title insurance policy will be issued and discloses any exceptions or issues found during the title examination. The commitment also provides details regarding the proposed insured parties, the coverage amount, and the terms and conditions of the policy.
If any issues or defects are identified during the title examination, the title company or attorney works to clear those items before the closing. This may involve contacting the parties involved, resolving outstanding liens or judgments, or addressing any other title-related matters.
Title companies in Florida often act as closing agents for real estate transactions. They coordinate with all parties involved, including the buyer, seller, real estate agents, lenders, and attorneys, to facilitate a smooth closing process. The title company prepares the necessary documents, collects and disburses funds, and ensures that all legal requirements are met for the transfer of ownership.
In some cases, title companies in Florida offer escrow services as part of their title services. Escrow involves holding funds, documents, and other assets related to the real estate transaction in a secure account until specified conditions are met. This provides protection and ensures that all parties fulfill their obligations before the completion of the transaction.