Frequently Asked Questions

Title insurance is a policy of indemnity, which protects against financial loss and legal expenses in the event there is a defect in title to your property that is covered by your policy.

The payment of title insurance premiums in Florida varies per county and can be negotiated in the contract. The buyer generally pays for title insurance and chooses the title/closing company in the following counties: Sarasota, Collier, Miami Dade and Broward.  The seller generally pays for the title insurance and chooses the title/closing company in most other Florida counties.

No. Unlike other insurance premiums, which must be paid annually, a title insurance premium is paid one time only at settlement.

The title to your property is a history of ownership. Any of the past owners of the property could have judgments against them which could attach to the property. In addition to mortgage liens, the property could have liens on it placed by contractors or associations, as well as recorded code violations or restrictions.

Yes. There are some “hidden defects” that even the most diligent title search may never reveal. For example: fraud and forgery, defective deeds, mental incompetence or incorrect marital status reference. These defects can arise after you’ve purchased your home and can jeopardize your right to ownership. Title insurance protects your right to ownership.

If a claim is made against your property, title insurance will, in accordance with the terms of your policy, provide you with a legal defense. If the claim proves valid, the title insurance underwriter will reimburse you for your actual loss up to the face amount of the policy.

A lien search provides information on any unrecorded matters such as unrecorded code violations, open permits or outstanding taxes.

A property survey sets forth the accurate legal description of the property as well as a determination of whether there are any encroachments from neighboring properties or onto neighboring properties.

A community association estoppel is a form completed by the association indicating whether regular assessment dues are current and whether there are any special assessments owed or pending.

A title search and examination can generally be performed within 48 hours. The title search may reveal certain issues which require additional time in order to determine whether they can be cleared at closing. If the property is within an association (condominium or homeowners’ association) the estoppel letter(s) from the association may take additional time to obtain.