Why Title Insurance is Necessary
Many title problems can be found through a thorough search of public records. The problem is, most public record searches only allow searches by names or known recorded document book and page numbers. These searches do not provide for searches by property legal description – the most important search required to determine encumbrances on title. Most importantly, to protect yourself and your home, title attorney Richard S. Weinstein recommends homebuyers obtain title insurance.
Title insurance is a normal component of real property sales in Florida. The cost of the title insurance is borne according to the terms of the contract, which usually reflects local custom. For example, in Palm Beach County the cost of title insurance is usually paid by the seller. In Broward and Miami-Dade counties the buyer usually bears that cost.
What Can Go Wrong With a Title
- Errors, omissions and/or defective execution of the deed
- Mistakes made during record examination
- Forged deeds
- Undisclosed heirs making claims on the deed
- Unrecorded liens
- False impersonation of some previous owner
Surprises are usually fun. A bonus at work or an unexpected present can brighten your day. However, nobody wants a surprising defect on the title to their home.
How Title Insurance Can Help
A Title insurance policy protects against loss of unencumbered ownership if there are legal defects in the title of the land and is required if the property is under mortgage. When you buy a home, you expect to enjoy the benefits of ownership such as being free from liens and encumbrances you do not agree to and to be able to freely sell the property. However, if there is a problem with the title, all of these perils can be protected and covered. If there is a problem with the deed and a claim needs to be filed, you simply need to contact your title agent. Your policy will cover legal expenses to investigate and litigate your claim.
Richard S. Weinstein will have your best interest represented when dealing with title insurance. Hiring a title attorney can protect one of the largest investments you will ever make.
With over 40 years experience in the practice of law, attorney Richard S. Weinstein assists clients with the important financial situations in their lives, as well as civil litigation. Whether you are dealing with bankruptcy, real estate (both commercial and residential, including foreclosures and title insurance), estate planning, probate, or business formations, sales or mergers, Richard S. Weinstein is the attorney with the experience and knowledge you need! Call us at (561) 745-3040 or visit his website at rweinsteinlaw.com.
Law Office of Richard S. Weinstein, P.A.
250 S. Central Blvd. #101
Jupiter, FL 33458
Phone: (561) 745-3040
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