“Title” is the foundation of ownership property. It means that you have a legal right to possess that property and to use it within the restrictions imposed by authorities or limitations on its use-superimposed on the basic right to possession by previous owners.
The legal answer is “the application of insurance principles to hazards inherent in real estate titles.”
Absolutely! Title insurance is a means of protecting yourself from financial loss in the event that problems develop regarding the rights to ownership of your property. There may be hidden title defects that even the most careful title search will not reveal. In addition to protection from financial loss, title insurance pays the cost of defending against any covered claim.
There are two types of Title Insurance. Your lender will require that you purchase a Lender’s Policy. This policy only insures that the financial institution has a valid, enforceable lien on the property. Most lenders require this type of insurance, and typically require the borrower to pay for it.
An Owner’s Policy on the other hand is designed to protect you from title defects that existed prior to the issue date of your policy. Title troubles, such as improper estate proceedings or pending legal action, could put your equity at serious risk. If a valid claim is filed, in addition to financial loss up to the face amount of the policy, your owner’s title policy covers the full cost of any legal defense of your title.
Anything in the entire ownership of a piece of real estate which may encumber the owner’s right to the “peaceful enjoyment” of the property or which may cause the owner to lose any portion of the property.
If anything should happen to defeat the title, your cause of action would be against the seller, and his ability to pay. Attorney’s fees and expenses would not be covered.
You notify the title insurance company and they defend the title, even if it goes to court. The title company bears all expenses.
The one-time premium is directly related to the value of your home. It is a one-time only expense, paid when you purchase your home. Yet it continues to provide complete coverage for as long as you, or your heirs, own the property.
Florida regulates the rates on the premiums for title insurance. The only costs that may differ would be the actual fees, such as search and examination, closing, and miscellaneous fees such as wire transfers, FedEx or courier fee and endorsements.
We are a neutral party that act as a meditator for the parties involved—collecting necessary documents to clear title and closing requirements, insuring adherence to the lender’s title instructions, making arrangements for proper payment and distribution of funds. We are fully prepared to work with you from the beginning of your transaction all the way through to conclusion.
You will want to have these items complete or in hand when you come to the closing (please confirm with your escrow officer prior to closing):
Buyer
Wire confirmation for amount needed to close
Photo identification (passport, driver’s license, or state-issued identification card)
Seller
Any unrecorded instruments that affect the title
Proof of satisfaction of any mechanics’ liens, chattel mortgages, judgments, or mortgages that were paid prior to the closing
Photo identification (passport, driver’s license, or state-issued identification card)