Frequently Asked Questions
After obtaining a Contract to Purchase property in the State of Florida, you will need a Florida License Attorney to conduct your Closing. We can handle your Closing from start to finish in accordance with Florida law. We will ensure that your property is clear of any title defects or potential issues that would inhibit your ability to own the property. After the necessary property reports are reviewed and cleared, your fees are reviewed and calculated, and your conveyance documents are prepared, we will then schedule you for Closing. We expect a standard Closing to take place in 30 days.
Although a Real Estate Attorney is not required and a title agent can be used, it is highly advisable to use an attorney for your real estate Closing to protect yourself should legal issues arise. Title agents are not allowed to advise on legal matters and would need to involve an attorney, increasing your costs. Using an attorney from the beginning of your transaction is more efficient, cost effective, and will be helpful should any complications arise in your transaction.
- Residential Closings with a Mortgage take approximately 30 days.
- Residential Cash Closings can be done as quickly as 14 days.
- Commercial Closings can be as quick as 45 days but usually take a few months depending on the nature of the transaction.
If you are looking to expedite Closing, please call our office to see what options you may have.
Although most people use these terms interchangeably, they are in fact separate concepts. A Deed is a physical legal document that transfers property ownership from one party to another. The signed deed is then recorded with the County in which the property is located to serve as proof of transfer of ownership and documents same in Public Records.
Title, however, is not a physical document. Title is the rights that come with ownership of a property including the right to use, sell, or modify the land in which you own. The Deed secures ownership, thus granting you title and legal ownership rights to the property.
A Title Search is a comprehensive report carried out by a title underwriter to verify if any liens, encumbrances, or other issues are presently attached to the property that you are looking to purchase. This report provided vital information as it validates the legal standing of the property and establishes the authority which the seller has to convey the property to you. A Title Search identifies any issues that may inhibit your rights of ownership. Identifying these issues can help prevent expensive legal issues and conflicts in the future and afford protection to buyers.
A Closing Disclosure is a detailed outline of the final costs associated with Closing your transaction. A Closing Disclosure will include Closing Costs associated with your transaction including title related fees, mortgage fees and escrows, realtor commissions, taxes and homeowners’ association fees, and insurance.
A Closing Disclosure will be provided to you prior to your Closing date to ensure you are aware of the Closing Costs and the final funds required to close on your transaction.
Please see our Closing Cost Calculator to get an idea of what your final Closing Costs might be!
Homeowners Insurance protects the physical property while Title Insurance protects your legal right to own the property.
Homeowners Insurance protects your property from physical damage or loss due to events like storms, fires, theft or accidents. You pay for coverage annually through a homeowners insurance company and it protects against future events.
Title Insurance protects your ownership rights to the property. The insurance premium is paid one time, at Closing, and protects you against issues against title prior to the date of your Closing. Title insurance may protect you against former forged documents, undisclosed heirs to the land from previous owners, public records document recording errors, or undiscovered liens.
While a survey is not always required in every transaction, it is highly recommended that you have one prepared. Surveys provide valuable information that public records searches and inspections cannot. Surveys show the exact property lines, clearly defining the land that you own. They also show improvements (structures added to the land), easements (allowances that grant others the right to use part of your land – i.e. the utility lines), and encroachments (if someone else’s structure is impeding use of your land). Surveys can show potential issues like fences built by neighbors on your property, structures that violate setback requirements, or accessibility issues.
Without a survey, these potential issues cannot be known. You would be relying on your own assumptions about property lines and features. Most title insurance policies exclude coverage for these issues if you do not have a survey prepared. While a survey may add to the costs of your Closing, it is an additional preventative measure against future disputes and issues with your land.
In the State of Florida, the buyer and the seller are required to attend the real estate Closing. However, buyers and sellers are not required to attend the Closing at the same time.
Remote Closings may be an option if you are not able to attend physically. Most Closings can be conducted either in person or via an electronic notarization session.
Buyers are usually required to attend real estate Closings in person (particularly if there is a mortgage loan) and are often accompanied by their real estate agent.
Additionally, all individuals on the Deed/Mortgage will be required to attend Closing.
If you are unable to physically attend your Closing, please contact our office to see what your options may be.
Real estate Closings typically take place in the office of the attorney that is handling the transaction. However, with the increasing popularity of remote Closings location has become flexible.
Buyers: If you have a loan, please bring two forms of valid identification. This can include your driver’s license or identification card, passport, social security card, or other government-issued identification. Please also ensure that you have conducted a final walk through of the property you are purchasing with your realtor prior to attending Closing.
Sellers: Please bring a valid of identification. This can include your driver’s license or identification card, passport, social security card, or other government-issued identification.
On the date of Closing, as soon as all conveyance documents are correctly executed and the funds are properly secured, the seller’s proceeds will be sent via wire transfer.
If you are obtaining a loan to help finance your real estate purchase, your lender will require you to obtain a Lender’s Title Insurance Policy. This policy will protect your lender against legal issues regarding Title to your property. The policy also insures the priority of your lenders’ security interest over potential claims that others may have against the property. Our office will issue a Lender’s Title Insurance Policy post-closing in accordance with your Mortgage lenders’ requirements.
While generally, it is up to the parties to select the Title Company, some customs throughout Florida have come about such that in Miami-Dade and Broward Counties, the Contract typically allows the Buyer to select which Title Company they would like to conduct their Closing. In most other Counties, the Contract generally provides for the Seller to select the Title Company. However, while it is customary in certain Counties in Florida for either the buyer or the seller to choose, it is not required and either party in the transaction is able to request that a certain Title Company be selected. You may also amend the Contract to state that your preferred Title Company be designated as Closing Agent for your transaction.
No, you do not need to use the Title Company that your Real Estate Agent suggests. It is important that you do your due diligence when selecting a Title Company as not all offices will afford you the same representation in your transaction.
Yes! In the State of Florida, a Title Company is NOT an attorney, nor are they required to have legal counsel in their office. They are not legally allowed to represent you in your transaction, and their office is not allowed to provide you with any legal advice should your transaction require it. They would be required to refer you to a Real Estate Attorney to assist you, which may cost you additional time and fees. Title Companies are only allowed to act as Closing Agent for your transaction and issue title insurance policies at Closing.
The Title Closing Law Firm is an attorney-owned and operated law firm. We can legally represent you throughout your Closing. We can review your file and advise as to your rights and protect your interests. We have a dedicated team of Real Estate Attorneys and Paralegals with extensive legal training and experience that are available to guide you through the Closing process from start to finish and represent you should any adverse legal matters arise.
Absolutely
Do You Have More Questions?
Let us know, if you need some help and didn’t find an answer to your question.
Disclaimer: These forms and the information herein is not a substitute for legal advice. The information and forms are general in nature and not intended for any specific purpose. These forms and information are not to be intended to be legal advice. Consult with an attorney at Title Closing Law Firm for legal assistance or representation and for Title Closing services.