Frequently Asked Questions
Title insurance is a policy that covers third-party claims on a property that don’t show up in the initial title search and arise after a real estate closing. A third party is someone other than the property’s owner, such as a construction company that didn’t get paid for its work on the home under a previous owner. The term “title” refers to someone’s legal ownership of the property.
A title claim could arise at any time, even after you’ve owned the property with no problems for many years. How could this happen? Someone else might have ownership rights that you don’t know about when you make an offer to buy a property. Even the current owner might not be aware that someone else has a claim on the property. In the case of an overlooked heir, even the person who has those rights might not know they have them.
- The deed, if your home is paid off
- A valid, state-issued photo ID like a driver’s license or passport
- A certified check if required in the amount requested by the escrow officer
- The keys and security codes, if possession of the house is granted at closing
- Promissory Note
- Warranty Deed
- Closing Disclosure and Loan Estimate
- Bill of Sale for furnishings – like hurricane shutters, pool equipment, washer and dryer, refrigerator, etc.
Certificate of title
This is a statement swearing you have the right to sell the property.
The deed
The deed is the instrument for transferring title. The type of deed used varies by state — grant deed, warranty deed, etc. — but the purpose is the same. Ownership transfers to the buyer when the signed deed, which includes the legal description of the property, is recorded at the county courthouse.
Loan payoff
This document shows your loan payoff amounts to be paid at closing.
Mechanic’s liens
You may be asked to sign a document swearing there is no possibility of a lien being placed against the property by a subcontractor or other laborer for money owed.
Bill of sale
This paperwork itemizes any personal property — the backyard barbecue and coffee table — you agreed to sell your buyer and transfers ownership to them. Verify that everything you agreed to sell is listed and correctly priced.
Statement of closing costs
Your signature on this document says you were informed about the various fees and closing costs ahead of time.
Statement of information
The title company will require that you swear you are who you say you are.
Read everything, and redo all the math. Speak up before signing a document if you find an error or if you question that you really promised to give your buyer credit for something, or credit for the amount listed. Mistakes happen, even with well-qualified professionals. This is the time to point them out.
The homestead exemption in Florida may refer to three different types of homestead exemptions under Florida law:
- exemption from forced sale before and at death per Art. X, Section 4(a)-(b) of the Florida Constitution[1];
- restrictions on devise and alienation, Art. X, Section 4(c) of the Florida Constitution;
- and exemption from taxation per Art. VII, Section 6 of the Florida Constitution.
Florida’s homestead exemption that provides an exemption from forced sale before and at death are among the most protective in the United States as it provides no limit to the value of certain real property that can be protected from creditors. The property tax exemption clause of Article VI renders property tax-free to the extent of certain dollar amounts in the value of the homestead.
The definition of a homestead is not necessarily co-extensive for Article X, Section 4(a)-(c) exemption purposes (exemption from creditors and restrictions on descent and distribution) and Article VI purposes (exemption from taxation). Both provisions apply automatically upon the establishment of a primary residence in Florida, but to reap the tax assessment benefits, the homestead exemption must be claimed by a filing with the local county property appraiser’s office. Homestead can be lost if the homeowner abandons use of the real property as a homestead.
A fourth benefit, while not as clearly an exemption as the above three, is also accorded to one’s homestead in Florida per Art. VII, Section 7 of the Florida Constitution. For tax purposes the year-to-year increase in assessed value of the homestead is limited to the lesser of 3% or the percentage change in the Consumer Price Index.
Submit all applications and documentation to the property appraiser in the county where the property is located. For local information, contact your county property appraiser.
Frequently Asked Questions
Title insurance is a policy that covers third-party claims on a property that don’t show up in the initial title search and arise after a real estate closing. A third party is someone other than the property’s owner, such as a construction company that didn’t get paid for its work on the home under a previous owner. The term “title” refers to someone’s legal ownership of the property.
A title claim could arise at any time, even after you’ve owned the property with no problems for many years. How could this happen? Someone else might have ownership rights that you don’t know about when you make an offer to buy a property. Even the current owner might not be aware that someone else has a claim on the property. In the case of an overlooked heir, even the person who has those rights might not know they have them.
- The deed, if your home is paid off
- A valid, state-issued photo ID like a driver’s license or passport
- A certified check if required in the amount requested by the escrow officer
- The keys and security codes, if possession of the house is granted at closing
- Promissory Note
- Warranty Deed
- Closing Disclosure and Loan Estimate
- Bill of Sale for furnishings – like hurricane shutters, pool equipment, washer and dryer, refrigerator, etc.
Certificate of title
This is a statement swearing you have the right to sell the property.
The deed
The deed is the instrument for transferring title. The type of deed used varies by state — grant deed, warranty deed, etc. — but the purpose is the same. Ownership transfers to the buyer when the signed deed, which includes the legal description of the property, is recorded at the county courthouse.
Loan payoff
This document shows your loan payoff amounts to be paid at closing.
Mechanic’s liens
You may be asked to sign a document swearing there is no possibility of a lien being placed against the property by a subcontractor or other laborer for money owed.
Bill of sale
This paperwork itemizes any personal property — the backyard barbecue and coffee table — you agreed to sell your buyer and transfers ownership to them. Verify that everything you agreed to sell is listed and correctly priced.
Statement of closing costs
Your signature on this document says you were informed about the various fees and closing costs ahead of time.
Statement of information
The title company will require that you swear you are who you say you are.
Read everything, and redo all the math. Speak up before signing a document if you find an error or if you question that you really promised to give your buyer credit for something, or credit for the amount listed. Mistakes happen, even with well-qualified professionals. This is the time to point them out.
The homestead exemption in Florida may refer to three different types of homestead exemptions under Florida law:
- exemption from forced sale before and at death per Art. X, Section 4(a)-(b) of the Florida Constitution[1];
- restrictions on devise and alienation, Art. X, Section 4(c) of the Florida Constitution;
- and exemption from taxation per Art. VII, Section 6 of the Florida Constitution.
Florida’s homestead exemption that provides an exemption from forced sale before and at death are among the most protective in the United States as it provides no limit to the value of certain real property that can be protected from creditors. The property tax exemption clause of Article VI renders property tax-free to the extent of certain dollar amounts in the value of the homestead.
The definition of a homestead is not necessarily co-extensive for Article X, Section 4(a)-(c) exemption purposes (exemption from creditors and restrictions on descent and distribution) and Article VI purposes (exemption from taxation). Both provisions apply automatically upon the establishment of a primary residence in Florida, but to reap the tax assessment benefits, the homestead exemption must be claimed by a filing with the local county property appraiser’s office. Homestead can be lost if the homeowner abandons use of the real property as a homestead.
A fourth benefit, while not as clearly an exemption as the above three, is also accorded to one’s homestead in Florida per Art. VII, Section 7 of the Florida Constitution. For tax purposes the year-to-year increase in assessed value of the homestead is limited to the lesser of 3% or the percentage change in the Consumer Price Index.
Submit all applications and documentation to the property appraiser in the county where the property is located. For local information, contact your county property appraiser.