Weston Florida Title Agency
In Miami-Dade and Broward Counties, the Buyer (Consumer) generally gets to choose the title company that performs the closing. Although potential sellers can choose the title agent, title agency and/or attorney that they would like to use for the closing, they will have to pay the buyer’s closing costs. If your real estate agent suggested a title agent, agency or attorney you have no obligation to use them. Title agents can represent multiple title insurers or a single one.
The title agent’s part in the purchase of your home is:
- To obtain and/or prepare title searches
- To inspect and review title to the property
- Closing document preparation
- Preparation and issuance of the title insurance commitment before closing and title insurance policy after closing
- Administer the closing
- Disburse the closing funds
Important terms for title insurance in florida
Abstract of Title
Abstract of Title is a collection of instruments going to the earliest public records and comprises of all the physical copies of any recorded instruments affecting the title of the property being searched. A substitute approach includes a review of the records for 30 years from the date of a valid root of title.
Eminent Domain is a constitutional government taking of private property to be used for a public purpose. The taking must be for a public purpose and full compensation is paid to the owner of the property.
Clear Title refers to title which is free from any defects, encumbering the owner’s right of peaceful enjoyment of the property and/or cause the owner to lose any part of the property.
Property Encroachment, occurs when one’s property runs onto another person’s property. Some examples of property encroachment include bushes and shrubbery, fencing, decks and sheds.
Lis Pendens refers to formal written notice that a law suit has been filed concerning real property.
Simple escrow refers to a closing where title insurance is not issued.
The Closing Disclosure
The Closing Disclosure, shows the financial numbers associated with the closing. Additionally, as of August 2015, the Closing Disclosure has directly replaced the following forms: (1) the HUD-1, (2) the Good Faith Estimate, and (3) the Truth in Lending Act forms.
Related Title Services
Related Title Services are generally described as closing services and are recorded on the Closing Disclosure. Closing services consist of preparation of the necessary documents for closing, performing the closing and the disbursement of closing funds.
Earnest Money is a typical requirement on the buyer used showing their sincerity for entering the contract to purchase property.
Title Search refers to the gathering of title information from official records, showing a compiled list of all previous official records affecting title of the property being purchased.
Writ of Interpleader
Writ of Interpleader is an official court order which instructs a title company on the disbursement of funds in escrow that are in question.
Title Commitment refers to a title insurance binder.
Primary Title Services
Primary Title Services are recorded on the Closing Disclosure and consists of examining the title search records, freeing any underwriting hurdles, finalizing insurability, preparation and issuance of the title commitment along with the title insurance policy.
Easements refers to a right to use another’s real property for a specific purpose. Although an easement is a real property interest, it does not grant legal title to the property which remains with the original property owner.
Cloud on title
Cloud on title refers to a scenario where a possible future claim exists on the title to the property.
Restrictive Covenants refers to a promise in an agreement or a contract that restricts, limits and/or regulates the land use in order to preserve any adjoining property.
Title Defects are legal issues caused by conflicting and/or adverse interests that get in the way of determining the property’s true owner and the authentication of the title. Title defects result when either ownership or transfer of ownership is not recorded properly.
Selecting A Title Agency For Title Insurance In Florida
In selecting a title agency to work with for your closing, you might talk with people you know that have recently purchased a home. Ask them how and what their experience was like with thetitle company or attorney that conducted their closing. Additionally, ask your real estate agent or mortgage lender about title agencies that they have worked with in the past.
Compare several title agencies costs and services. In Florida, the premiums on title insurance are set by the state, see Florida Administrative Code, Rule 69O-186.008. Only the title agency or title agent fees can be negotiated.
In choosing, you can select a company owned and operated by a licensed title agent or you can select a title agency that is owned and operated by an attorney or attorneys. You can check the license status of the agency by visiting the Florida Department of Financial Services. A good title agency will have agents that are professional and will answer any questions about the policy you are purchasing as well as provide a detailed explanation about the requisite fees for your closing. A great title agency will have one or more attorneys on staff that can also answer legal questions before, during and even after your closing.