In the state of Florida, closings on real estate transactions are typically handled by a title insurance agent or attorney. When purchasing real estate you are not only buying a house, but also the land and any other improvements that have been made to the property i.e. additions, plumbing, sewage systems, landscape, fencing, or the like. Title insurance lawyers facilitate the closing process to ensure that the property has a “clear title” when ownership is transferred after purchase.
According to Title XL Chapter 689 in Florida real estate law a clear or clean title is explicitly defined. The law outlines and provides guidance to the courts on determining the rightful owner of Florida land and property when, or if there is ever a question as to who has interest in property.
Outstanding debts, unpaid taxes, construction liens, foreclosures, eminent domain, inheritance, and many other claims can affect the marketability of the title. A seller will not be allowed to sell the property if any issues are discovered during a title search. If a “cloud on the title” is discovered it will need to be resolved prior to the closing by initiating a quitclaim deed or a commencement of action to quiet title.
Here at Coastline Title of Pinellas, our company in-house counsel Frank Goodard, PA provides the experience and expertise to ensure that all of your transactions close with a clear title in a timely fashion. His experience is second to none with over 25 years of legal experience in Florida real estate and title insurance law.