Category Archives: Title
Why Title Insurance?
One question we get often is “Should I buy Title Insurance when I buy my new house?” Without hesitation, the answer is “YES” 100% of the time. Title insurance is exactly what it sounds like – insurance that your title to the house is clear. In other words, no one is going to claim… Read More »
Senate Passes Bill 398: “The Estoppel Bill”
Governor Scott signed The Estoppel Bill on June 14, 2017, effective July 1, 2017. The Bill helps title agents, closing agents, buyers and sellers, and realtors because it eliminates the ability of the associations to take an inordinate amount of time to provide an estoppel certificate prior to closing, and eliminates the ability of… Read More »
Conveying Title To Real Estate: As-Is V. Repair Limit Contract
Conveying Title To Real Estate: As-Is V. Repair Limit Contract By Shawn Yesner of Yesner Law posted in Title on Wednesday, March 15, 2017. Most sellers (and importantly some Realtors and attorneys) believe the As-Is Residential Real Estate contract is better for them to convey title to their property, because they’re selling the house… Read More »
Title Issues Raised By Marital Status
Why do Title Deeds in Florida recite the marital status of the grantor, or contain a statement that the property does not constitute the homestead of the Grantor? Article X, Section 4 of the Florida Constitution provides that “The owner of homestead real estate, joined by the spouse if married, may alienate the homestead… Read More »
How To Read A Title Insurance Commitment
Title Insurance is like any other type of insurance. It is a policy that protects the ownership interest of the buyer (and lien interest of the lender) for anything that happened to or upon the property prior to the closing date. Title Insurance is also often misunderstood and under-appreciated by the buyer. The purpose… Read More »
How To Convey Title: Warranty, Special Warranty Or Quit-Claim?
There are three different forms of deed that can be used to convey title to real estate in Florida: Warranty Deeds, Special Warranty Deeds and Quit-Claim Deeds. Florida Statute 689.01 requires that conveyances of property be by written instrument, signed before two witnesses and a notary public. While Florida Statutes provide a specific form… Read More »