Category: Real Estate Closings

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…

A defective deed can prevent title to real property from being conveyed to a grantee. If a defect in a deed causes title not to pass to a grantee, then a corrective deed can be the solution to resolving the defect. A couple common defects that can be fixed with a corrective deed include: Legal…

Once you purchase a home, the title company or attorney that closed the transaction will record your deed in the public record of the county where the property is located. After recording the deed, the title company or attorney will send you your original deed by mail. You should keep the original deed in a…

If you have a Florida power of attorney (“POA”) and you are wondering when it terminates, Florida Statute 709.2109 covers the circumstances that would terminate a POA: • You die.• You become incapacitated and the POA is not durable.• You are declared totally or partially incapacitated by a court, unless the court determines that certain…

A Florida Power of Attorney (“POA”) enables you (the “Principal”) to appoint someone (your “Agent”) to act on your behalf. POAs can grant your Agent broad authority to act on your behalf, but there are some actions that an Agent cannot do. Examples include: • Agent cannot transfer the POA to someone else.• Agent cannot…