Category: Real Estate Closings

Homeowner, condominium, and co-op associations are similar in that they all include multiple properties within one association and they are each governed by an association board. What follows are some important differences between them: Homeowner’s Associations – Usually include single-family homes/townhomes. Ownership – A deed is used to transfer the property. Owner owns the home…

In Florida, a municipal lien search is a standard search that is ordered by the closing agent in virtually every real estate transaction. Lien search is a bit of a misnomer because the lien search searches for more than just liens. Lien searches search for municipal liens, permit issues, code enforcement violations, outstanding city special…

A judgment lien can prevent you from selling your real property and may require you to pay off the judgment lien before or at the time of closing. But can a judgment lien against you affect your family’s real property? If you are not on the deed, then your judgment lien will not impact your…

When a seller is reviewing and signing their deed at closing, I am often asked some variation of the following questions: “What is this $10.00 in the deed?”“Do I have to pay $10.00 extra?”“Am I buying a house for $10.00?” The answer to the questions is no and I usually proceed to explain consideration and…

A non-lawyer cannot prepare deeds, affidavits, mortgages, and other legal documents related to a real estate transaction. Doing so could be considered the unauthorized practice of law. However, an exception is made for title companies. If a title company is issuing title insurance, then the title company can conduct the real estate closing and prepare…

When taking title to real property with your spouse as “husband and wife” or “a married couple,” you automatically take title as tenants by the entirety in Florida unless you choose to take title in another way. If the property is owned as tenants by the entirety, this means that when your spouse dies, you…

In Florida, a title company or law firm can close your real estate transaction. Why go with one over the other? It surprises people to learn that the cost of an attorney closing your real estate transaction is often the same as a title company. The best argument for using an attorney over a title…

If there is a hurricane or other natural disaster outside the control of the parties, the first provision of your contract to look at is the “force majeure” provision, which is French for “superior force.” A force majeure provision is a common clause in real estate contracts that refers to unforeseeable circumstances that prevent the…

An estoppel in a real estate transaction is a document that is applicable to closings where the property is part of a condominium, coop, or homeowner’s association. The estoppel is ordered from the association. It asks the association(s) for information that the closing agent uses the answers to complete the settlement statement and close the…

Unfortunately, wire fraud is common in the world of real estate transactions. Criminals pose as title companies, attorneys, lenders, real estate agents, property managers, sellers, buyers, and anyone else involved in real estate transactions. Some of these criminals are sophisticated and are knowledgeable about real estate transactions. Victims are often not experienced with real estate…