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Title Company Insights

Essential Guide for a Seamless Real Estate Closing

Critical Alerts & Key Preparations

Wire Fraud Prevention: ABSOLUTE TOP PRIORITY!

ALWAYS independently verify wiring instructions by phone using a known, trusted number for the title company. NEVER trust instructions from unsecure emails or last-minute changes without direct voice confirmation. Be extremely cautious!

Timely Information Gathering is Crucial

Promptly provide all requested information: full legal names, contacts, SSNs, marital status, mortgage payoffs (Sellers), lender details (Buyers) to prevent delays.

HOA/Condo Estoppel Letters

These confirm owner's dues, assessments, and any violations. The title company orders them; delays in receipt can stall closing.

Municipal Lien Searches

These searches uncover unrecorded city/county liens, code violations, open permits, and unpaid utilities. Any issues found must typically be resolved by the Seller before closing.

Financial & Legal Essentials

Closing Disclosure (CD) / ALTA Statement Review

Buyers with loans receive the CD at least 3 business days before closing. All parties should meticulously review their settlement statement and ask questions before closing day.

Florida Homestead Considerations

Sellers: If the property is homestead, both spouses typically must sign closing documents. Buyers: Inquire about filing for homestead exemption after closing for tax benefits.

FIRPTA (Foreign Investment in Real Property Tax Act)

If the Seller is a "foreign person" as defined by FIRPTA, tax withholding may be required. The title company plays a key role in ensuring compliance.

Florida's Foreign Ownership Laws (Ch. 692, F.S.)

Be aware of new laws restricting certain foreign buyers. Buyers MUST provide a signed affidavit at closing confirming compliance.

Navigating to Closing Day

Understanding Prorations

Property taxes, HOA/condo dues, rent (if applicable), etc., are equitably divided between the Buyer and Seller as of the closing date by the title company.

Final Walk-Through Inspection

The Buyer has the right to inspect the property's condition immediately before closing, as per the ASIS-7 Contract (Para 12(b)).

Closing Day Logistics & Requirements

All signatories must bring a valid government-issued photo ID. Buyer's funds must be a wire transfer or certified funds, as per title company instructions. Discuss remote/mail-away options if needed.

The "Gap" Period & Gap Coverage

This is the time between closing/funding and when documents are officially recorded. Title insurance often includes "gap coverage" for protection during this interim period.

Post-Closing & Communication

Post-Closing Procedures

The title company records the deed and mortgage, disburses funds to all parties, and issues the final Owner's and Lender's title insurance policies (this can take several weeks or months).

Open Communication is Essential

Maintain clear and prompt communication with the title company. Inform them early of any potential issues (e.g., recent divorce, death of a titleholder, bankruptcy, judgments, unpermitted work).

Important Note: This infographic is intended for general informational purposes only and should not be considered legal or financial advice. Always consult with a qualified Florida real estate attorney and other relevant professionals for guidance tailored to your specific transaction.

Information compiled to assist in understanding the broader role of a title company in Florida real estate transactions.

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