The most important aspect of any real estate transaction is to be certain that the title to the property you are purchasing is free and clear and has no claims against it. The title to real estate is subject to a complicated maze of legal technicalities and regulations. If the laws are not followed exactly, the title to your property might be questioned.
Some examples of common title problems are:
- The deed that you receive from the seller is improperly signed and fails to comply with legal requirements
- You receive a deed from a person who is not the real owner of the property.
- There are liens or other claims against the title to the property that are discovered only after your purchase
Title insurance is designed to protect you – the purchaser – from claims made against your ownership of the property. If a claim is ever made, the title insurance will defend your right to own the property. If a court determines that the property does not belong to you, your title insurance will compensate you for your losses in accordance with the terms of the policy.The title insurance issued to purchasers is known as an owner’ s policy. If you are getting a loan for your purchase, your lender will require title insurance as well. The title insurance issued to protect the interests of the lender is known as a lender’ s policy or mortgagee policy.
Before your closing, the title search professionals at Empire Title Services perform an examination of the title to the property you are purchasing. After an extensive review of all relevant documents appearing on the public records, Empire Title Services will issue a Title Insurance Commitment. The commitment gives a status report of the title to the property. The commitment includes a list of requirements that must be satisfied before title to the property is considered clear. Your closing is scheduled after the title requirements have been met.
At the closing, you will typically be asked to sign numerous papers. Members of Empire Title Services’s experienced staff will help you understand the documents and answer any questions you might have.
After the closing, and after your deed and mortgage are recorded on the public records, Empire Title Services will send you your original Owner’s Title Insurance Policy. Please be sure to keep the policy in a safe place.
Empire Title Services is proud to be an authorized agent of Attorneys’ Title Insurance Fund, Inc, the leading title insurance underwriter in Florida and the sixth largest in the country.