
FAQ
Questions people actually ask
Straight answers about title insurance, escrow, closing costs, and how a Florida closing works. If yours is not here, email us and we will answer it.
Title insurance
What does title insurance actually cover?
It covers defects in the ownership history of your property that existed before you bought it but were not discovered by the title search — forged deeds, undisclosed heirs, unreleased liens, recording errors, missing spousal signatures, and similar problems. It pays your loss up to the policy amount, and separately obligates the underwriter to defend your title in court against covered claims at their expense.
Do I need an owner's policy if my lender already requires one?
Yes. The lender's policy protects the lender's lien for the loan balance and nothing else. If a defect is proven, the lender's policy makes the bank whole and leaves your down payment, principal paid, and improvements entirely unprotected. The owner's policy is the only one that protects your equity.
How long does an owner's policy last?
As long as you or your heirs hold an interest in the property. There are no renewals and no additional premiums. It survives your ownership and can protect your estate.
I'm paying cash. Do I still need title insurance?
Arguably more than a financed buyer does. With no mortgage, there is no lender requiring a search and no lender's policy in the file — and the entire purchase price is your own money at risk. Cash buyers who skip the owner's policy are the least protected people in a transaction.
The house is brand new. Isn't the title clean?
Not automatically. New construction carries unpaid subcontractor and supplier claims under Florida's construction lien law, unreleased development and construction loans, and platting or easement problems on newly divided parcels. Builder closings need the same scrutiny as resales.
What is a title commitment?
It is the underwriter's written promise to issue a policy, subject to conditions. Schedule A states who is being insured, for how much, and how title is currently held. Schedule B-I lists requirements that must be satisfied before closing. Schedule B-II lists exceptions — matters the policy will not cover. Read Schedule B carefully; that is where the substance is.
Cost & who pays
How much does title insurance cost in Florida?
Florida sets title insurance premiums by rule — they are promulgated rates calculated from the policy amount, not competitively quoted. The premium for a given policy amount is the same at any agency. Settlement and closing fees, on the other hand, are set by each agency and vary. We provide those in writing up front.
Who pays for the owner's policy — buyer or seller?
It is negotiable and controlled by the contract. Custom varies by county: through much of Florida the seller customarily pays, while in Miami-Dade and Broward it more often falls to the buyer. Either way, the contract governs, so decide it before you sign.
Can I get a discount if the seller already has a policy?
Often yes. Florida allows a reissue rate when the seller's owner's policy is recent enough. Always ask the seller for a copy of their prior policy — many owners have one filed away and never think to mention it. The savings can be meaningful.
What is simultaneous issue?
When an owner's policy and a lender's policy are issued on the same transaction at the same time, the lender's policy is issued at a nominal charge rather than a full second premium. It is one reason buying the owner's policy costs less than people expect.
What other costs appear on a Florida closing?
Typically documentary stamp tax on the deed and, where financed, on the note plus intangible tax on the mortgage; recording fees; municipal lien search and estoppel fees; prorated property taxes and association dues; and the settlement or closing fee. Your Closing Disclosure and settlement statement itemize every one.
The closing
How long does a closing take?
A financed residential closing generally runs 30 to 45 days from executed contract, driven mostly by the lender's underwriting timeline. Cash closings can close in about two weeks — sometimes faster if the association estoppel and municipal lien search come back quickly.
Can I choose the title company?
In Florida the party paying for the owner's policy customarily selects the closing agent, and that is itself a negotiable contract term. Separately, federal law (RESPA §9) bars a seller in a residential purchase from requiring the buyer to use a particular title insurer as a condition of sale. If you want a specific agency, raise it before the contract is signed.
Do I have to attend closing in person?
Not necessarily. We hold closings at our Sunrise office, by mobile notary at a location convenient to you, or remotely where the lender and the nature of the transaction permit. Tell us early if you will be out of state or abroad so we can arrange it properly.
What is an estoppel letter and why does it delay things?
It is a statement from a homeowners or condominium association of exactly what is owed on the unit at closing — dues, assessments, transfer fees, and any violations. Florida law gives associations a defined number of days to produce one, and many use every day of it. We order estoppels as early as possible for exactly this reason.
What is a municipal lien search?
A search with the city and county for obligations that attach to the property but do not appear in the official records — code enforcement violations, unpaid water and sewer balances, special assessments, and open or expired building permits. Open permits are a frequent late-stage surprise, especially on renovated homes.
What do I bring to closing?
Government-issued photo ID for every person taking or conveying title. Buyers: your funds wired in advance and proof of homeowner's insurance naming the lender. Sellers: all keys, remotes, fobs, and access codes. If title is being taken by a trust or entity, we need the trust certificate or entity documents in advance.
Money & security
How do I send my closing funds safely?
Call our office to verify wire instructions by voice before sending anything, using a phone number you obtained from us directly — never a number contained in an email. Read the account and routing numbers back and have us confirm them aloud. Never act on wiring instructions received or changed by email.
We do not change wire instructions by email. Ever.
If you receive an email that appears to come from us announcing new or corrected wiring instructions — with our logo, our signature, and a plausible explanation — it is fraud. Attackers monitor real estate email threads and time these messages precisely. Do not act on it. Call us.
What happens if I wire money to the wrong account?
Call your bank immediately and request a SWIFT recall, then call us, then file a complaint with the FBI's Internet Crime Complaint Center at IC3.gov. Recovery is sometimes possible within the first 24 to 72 hours and becomes very unlikely after that. Speed is the only real defense.
Where are escrow funds held?
In a dedicated escrow trust account, separate from operating funds. Money is disbursed only in accordance with the contract, the lender's closing instructions, and written authorization from the parties.
These answers are general information about Florida real estate practice, not legal advice, and they do not create an attorney-client or agency relationship. Your contract, your title commitment, and your policy control your transaction. For advice specific to your situation, consult a Florida attorney.

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