Category: Real Estate Closings

A client of mine owned a rental property in Florida while he lived outside the U.S. He had a property manager handle everything related to the property. Unbeknownst to him, his property manager was approached by a fraudster who was impersonating him. The fraudster created an email address very similar to my client’s email address…

You finally close on the purchase of your dream home. A few weeks later, the title company sends the original deed and a recorded copy to you by mail. You immediately notice that your name is spelled incorrectly. What should you do? A simple mistake in a deed, like spelling errors, is not as big…

If a deed has a typo or some other error that has no effect on the vesting of title, then a Scrivener’s Affidavit can be used to clarify the error without the grantor needing to sign a new deed or corrective deed. A Scrivener’s Affidavit is a sworn statement by the person who drafted the…

There are several ways to fix a defective deed. The fix you choose will depend on the nature of the defect. Here three common ways to fix a defective deed: There are certain mistakes that might be considered “harmless” and may require no action. For instance, defects around witnesses and notary acknowledgements might cure themselves…

Who chooses the closing agent for a Florida real estate transaction depends on what county the property is located. The general rule is that the one paying for title insurance is who chooses the closing agent. In most counties in Florida, that is the seller. Below identifies who chooses in which counties: Buyer chooses the…

A real estate post-closing escrow agreement is an agreement in a real estate transaction where the parties agree to have money held by a third-party escrow agent over a specified time until the occurrence of some future event. A post-closing escrow agreement can allow the parties to close even if there are outstanding issues that…

A post-closing occupancy agreement is an agreement where the buyer allows the seller to occupy the property for a certain time after closing. Typically, the buyer and seller agree on a time period for seller to occupy the property and, in exchange, seller agrees to pay buyer rent and/or place an amount in escrow. The…

A closing disclosure (“CD”) and a HUD are both forms of settlement statements. Settlement statements show all the fees, closing costs, cash to close, sale proceeds, and other financial information involved in a real estate transaction. A CD and HUD differ in that they have different formats, layouts, and a CD provides more information about…

If your deed was properly signed and witnessed, but improperly acknowledged by a notary, then you should execute a new deed that is properly notarized unless five years or more has passed since your deed was recorded. If five years have elapsed from the date you recorded your deed, and there is no fraud, adverse…

If your Florida deed was properly signed and notarized, but improperly witnessed, then you should execute a new deed that is properly witnessed unless five years or more has elapsed since your deed was recorded. If five years have elapsed from the date you recorded your deed, and there is no fraud, adverse possession, or…